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Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looked at a New Zealand based animal research testing facility – included interviews with people who were pro-animal use and people who were anti-animal use – included discussions on the type of animals being used, whether animal testing was necessary, alternatives and research facilities – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – to the extent that the item touched on a controversial issue of public importance it provided an adequate overview of significant viewpoints – not upheld Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld Standard 6 (fairness) – participants were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there was no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – also stated that the recommended product was “tested to the official standard” – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – some ambiguity later in segment but, overall, viewers would not have been misled about the focus of the segment – not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster not required to give complainant an opportunity to comment because item did not comment on effectiveness of product – not upheld Standard 8 (programme information) – subsumed under Standard 5 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Victoria’s Empire – presenter made statements about the use of the drug opium by Chinese people in the early nineteenth century – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenter did not state that the Chinese as a people were addicted to opium in 1839 – reasonable viewers would have understood that the presenter’s comments were included in an historical context to explain the onset of the Opium Wars – not upheld Standard 6 (fairness) – complainant misinterpreted the presenter’s statement – presenter’s comments did not denigrate Chinese people – Chinese people treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Victoria’s Empire was broadcast on TV One at 7....

ComplaintNine to Noon – host read out email critical of Whanau series – host highlighted grammatical and typographical errors in email – breach of right of individuals to express own opinions – breach of requirement to deal justly and fairly with person referred to in programme – failure to show impartiality on question of a controversial nature FindingsPrinciple 4 – host presented email correspondent's point of view – no uphold Guideline 4a to Principle 4 – host presented correspondent's opinion – no uphold Principle 5 – correspondent not treated unjustly or unfairly – no upholdThis headnote does not form part of the decision. Summary [1] During the Nine to Noon programme broadcast on National Radio on 14 August 2001, the host read out a number of responses received from listeners via phone, fax or email....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – follow-up item on the use of sow crates in the pig farming industry – interviewed woman planning a whistle-blowing campaign offering rewards to farm workers for exposing cruel farming practices, and CEO of the New Zealand Pork Industry Board – allegedly in breach of law and order and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 6 (fairness) – no evidence that interview with New Zealand Pork Industry Board CEO was unfairly edited – as industry advocate he should expect robust questioning on these issues – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Summary[This summary does not form part of the decision. ]Campbell Live covered a story about an eader (a pit for raw milk waste) in the town of Eltham in Taranaki that was allegedly making local residents ill. The South Taranaki District Council complained that the item was inaccurate and unfair. The Authority found that this was an important story which carried high public interest and that much of it was accurate and well-reported. Nevertheless, a number of statements conveying the gravity of the problem with the eader did not have a sufficient basis and were overblown, which was misleading and unfair. Accordingly the Authority upheld some aspects of the complaint. Upheld: Accuracy, FairnessNo OrderIntroduction[1] Campbell Live covered a story about an eader (a pit for raw milk waste) in the town of Eltham in Taranaki that was allegedly making local residents ill....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Summary[This summary does not form part of the decision. ]An item on Story explored the issue of unconscious bias. During the introduction, footage of members of the public walking down the street was shown. Each individual was zoomed in and highlighted with special effects. The Authority upheld a complaint from JW, one of the individuals shown, that she was unfairly ‘showcased’ during the segment. Rather than being a face in the crowd, the edited footage used filming techniques that singled out the complainant and drew her into the issue under discussion without her knowledge or consent. This unduly impacted on her dignity and was unfair. The Authority recognised that bias is a sensitive issue and has the potential to cause hurt and offence. It is also an important social issue....

Download a PDF of Decision No. 1993-177:H and Television New Zealand Ltd - 1993-177 PDF724. 94 KB...

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

Summary District Court Judge Martin Beattie was acquitted on 1 August 1997 on a number of dishonesty charges after a jury trial. It was a high-profile case. On 27 July 1998, a news item revealed the contents of a High Court ruling made before the trial in which the judge had ruled inadmissible a report prepared by a QC at the request of the Chief District Court Judge in the early stages of the investigation. The item reported that the judgment disclosed the QC’s opinion that Judge Beattie was guilty of fraud. Mr Clayton complained to Television New Zealand Ltd, the broadcaster, that the QC’s opinion about the judge’s behaviour was "utterly irrelevant", and the disclosure not only breached broadcasting standards, but also invaded Judge Beattie’s privacy....

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 1989Target – item looked at the business practices of a private chiropractic practice called The Spinal Health Foundation and its resident chiropractor, Dr Sean Parker – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did not imply that Dr Parker was offering personal loans to patients or that pre-pay arrangements were unethical – statement relating to possible breaches of ethics was sufficiently qualified – not upheld – decline to determine point relating to changing of paperwork under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – questions asked of Dr Parker were generic – complainant given adequate opportunity to respond – broadcaster treated Dr Parker fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that Green Party was calling for an urgent safety review of non-stick cookware – claimed the US Environmental Protection Agency had found possible links between non-stick cookware, cancer and birth defects – veterinarian stated that non-stick pans could be deadly to household birds – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – item contained misleading and inaccurate statements – would have unnecessarily alarmed viewers – upheld Standard 6 (fairness) – not unfair to any person or organisation taking part in the programme – not upheldOrderSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant of $927. 50 Section 16(4) – payment of costs to the Crown $2,500....

ComplaintFair Go – auction of house – sale fell through – house resold to unsuccessful bidder – unreasonable to charge two commissions – unfair – unbalanced Findings(1) Standard G4 – promo – unfair – uphold (2) Standard G4 – items explained issues fairly – no uphold – Standards G6, G7 G11(i) – subsumed No Order This headnote does not form part of the decision. Summary Fair Go, a consumer advocate programme, is broadcast weekly on TV One at 7. 30pm. In the episodes broadcast on 12 and 19 July 2000, it reported that the vendor of a house believed that he had been unfairly charged a second commission by real estate agents after a first sale had fallen through and a subsequent sale had been made. His belief was alluded to in a promo for Fair Go which was broadcast on a number of occasions....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Sunday – items discussed suppressed evidence from the David Bain trial that had been released by the courts – allegedly unbalanced, inaccurate and unfair FindingsOne News Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item reported on the evidence released by the court in a neutral manner – contained comment from Mr Bain’s supporter Mr Karam – reporter explained reasons for the evidence being suppressed – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 Sunday Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item contained comment from those individuals whose evidence had been suppressed – contained comment from Mr Karam – Mr Bain treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....