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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-102 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS NORMAN of Wellington Broadcaster NEW ZEALAND PUBLIC RADIO LTD J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Summer Report – panel discussion about healthy eating and exercise – reference to healthy food pyramid – advice given that not all fats were bad – unsaturated fat preferred to saturated fats – item alleged to be inaccurate, unfair and unbalancedFindings Principle 4 (balance – the safety of trans-fats not a controversial issue dealt with in the broadcast – not upheld Principle 5 (fairness) – trans-fats peripheral – not upheld Principle 6 (accuracy) – trans-fats not the topic of discussion – not upheldObservation Authority may decline to determine further complaints from Ms James when complaint only about peripheral matter dealt with in broadcastThis headnote does not form part of the decision. Broadcast [1] A panel discussion about healthy eating and exercise was broadcast as part of Summer Report on National Radio between 8. 00 to10. 00am on Thursday 8 January 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – comments made by presenter and local councillor Phil Quinney on Saturday morning “garage sale” show – comments critical of complainant, fellow-councillor – allegedly unfair Findings Principle 5 (fairness) – comments themselves not unfair – complainant had put matter in public eye – no unfair abuse of position by presenter – not upheld This headnote does not form part of the decision. Broadcast [1] On the morning of 31 July 2004, New Plymouth District Councillor Phil Quinney, while presenting his regular “garage sale” show on Newstalk ZB, made comments that were highly critical of fellow-councillor and complainant Sherril George. The presenter’s comments focussed in particular on the complainant’s reported statements about a recent Council meeting and the Council’s consequent agreement to sell its shares in local gas and electricity distribution company Powerco....

Complaint Target – test of mechanics attending breakdown and repairing a car’s cooling system – use of hidden camera – complainant most expensive repairer – insufficient explanation of reason for costs given – unbalanced – inaccurate – unfair FindingsStandards 4, 5, and 6 – consumer advocacy programme – complaint essentially that complainant not dealt with fairly – subsumed under Standard 6 – as with all other participants one of two manufactured faults not found – services otherwise good – adequate explanation given of invoice – no uphold This headnote does not form part of the decision. Summary [1] The hidden camera segment on Target on 22 September 2002 featured mechanics called to a simulated breakdown situation. The car in question had two manufactured faults. The four companies selected were rated according to their performance at the breakdown, the work on the repair, and their charges....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – programme contained teaser for item in upcoming episode – teaser about a teenage boy who had committed suicide and the events leading up to his death involving two girls – allegedly unfair FindingsStandard 6 (fairness) – girls not identifiable beyond those who already knew of the events – teaser did not draw any conclusions about their motives or character – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 60 Minutes was broadcast on TV3 at 7. 30pm on Wednesday 17 February 2010. At the end of the programme, a teaser was shown for an upcoming item that was going to be screened in the following week’s episode....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – hidden camera trial evaluated six car grooming companies – complainant’s business sign was shown in establishing shot for another company’s evaluation – allegedly in breach of fairness Findings Standard 6 (fairness) – broadcaster could have taken more care but shot was brief and the programme made it clear which company was being evaluated – not unfair to complainant – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Target, broadcast at 7. 30pm on TV3 on Tuesday 4 November 2009, the presenter summarised the results of a hidden camera trial in which an actress hired six different car grooming companies. Target hid a ten-dollar note in the back of the car and some change in the front seat as a test of the car groomers’ honesty....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Noise Control and promo – followed noise control officers in Auckland – NCO called to a party – complainant shown in the background and speaking directly to the camera – allegedly in breach of privacy, fairness, accuracy and responsible programming standards Findings Standard 6 (fairness) – guideline 6c – complainant properly informed of the nature of his participation – item did not contain any unfair statements – complainant treated fairly – not upheld Standard 3 (privacy) – complainant identifiable but no private facts disclosed in the broadcast – complainant did not have an interest in solitude or seclusion – not upheld Standard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Breeze and Coromandel Gold FM News – items canvassed allegations against TCDC mayoral candidate with regard to distributing an email he received from TCDC CEO – contained terms “doctored”, “doctoring” and “falsify” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – terms distinguishable as opinion of Mr Minogue’s political rivals – exempt from accuracy under guideline 5a – not upheld Standard 6 (fairness) – Mr Minogue given an adequate opportunity to respond – treated fairly – not upheld This headnote does not form part of the decision. Broadcasts [1] News items broadcast simultaneously on The Breeze and Coromandel Gold FM on the mornings of 16 and 17 September 2010, canvassed allegations against Thames-Coromandel District Council (TCDC) mayoral candidate Dal Minogue, with regard to distributing an email he received from the CEO of the TCDC, Steve Ruru....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Saturday Mornings with Kim Hill – interview with former Australian Prime Minister, John Howard – allegedly in breach of fairness standard FindingsStandard 6 (fairness) – Mr Howard was a controversial political figure who should have expected to be interviewed robustly – Mr Howard dealt with fairly – not upheld This headnote does not form part of the decision. Broadcast [1] Saturday Mornings with Kim Hill, broadcast on Radio New Zealand National between 9. 00am and 12. 00pm on 20 November 2010, featured an interview with former Australian Prime Minister, John Howard. The host introduced the item as an interview on the occasion of the release of Mr Howard’s personal and political autobiography, “Lazarus Rising”....

Download a PDF of Decision No. 1992-015:New Zealand Police and TV3 Network Services Ltd - 1992-015 PDF2. 1 MB...

Summary It was reported on One Network News on 18 November 1998 that a yacht which had been grounded in a bay in the Far North had been looted, and that the abandoned boat had been stripped of its electronic gear, solar power unit and rigging. Mr Jackson complained to Television New Zealand Ltd that the report was grossly exaggerated. He advised that the boat had not been abandoned, and had not been stripped by looters. He acknowledged that some small items had been stolen but noted that all but one of those items had been recovered by the police and returned to the owner. Mr Jackson contended that the report had done the Far North community considerable harm and its errors warranted an apology....

Summary An item on Fair Go reported on a dart-throwing competition which had been won by an Auckland man. The competition had been organised by a promoter, who had arranged insurance for the event with his United States principal. After the competition had been won, the principal refused to accept the claim, asserting the winner’s throw had been wind-assisted. The item suggested the wind would not necessarily have assisted the winner. It also suggested that a competition clause excluding "assistance" for dart throwing had been utilised by the promoter to escape his liability to the winner. The item was broadcast on TV One on 21 April 1999 commencing at 7. 30pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigating forced child marriages in New Zealand – contained interviews with a girl who said she was forced to marry a man who raped her, a representative from an organisation that provides refuge for migrant women, and the president of the Federation of Islamic Associations of New Zealand – allegedly in breach of accuracy, fairness, and discrimination and denigration standardsFindingsStandard 5 (accuracy) – comments made by interviewees were opinion and exempt from the accuracy standard under guideline 5a – item made it clear that the problem of forced child marriages was a cultural issue – viewers not misled – not upheldStandard 6 (fairness) – individuals and organisations taking part and referred to treated fairly – not upheldStandard 7 (discrimination and denigration) – item did not encourage denigration of, or discrimination against, Muslims – not upheldThis headnote does not form…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Illegal New Zealand – episode looked at the illegal trading of guns in New Zealand – reporter used hidden camera to record footage at a gun show in Auckland – footage included conversation between the undercover reporter and complainant – complainant’s face not pixellated – allegedly in breach of privacy, controversial issues and fairness standards Findings Standard 6 (fairness) – unfairly presented complainant in a negative light – upheld Standard 3 (privacy) – complainant had no interest in solitude or seclusion – not upheld Standard 4 (controversial issues viewpoints) – programme did not discuss a controversial issue of public importance – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of Illegal New Zealand was broadcast on TV2 at 8pm on Thursday 9 July 2009....