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Eady and Television New Zealand Ltd - 2023-067 (7 November 2023)
2023-067

The Authority has declined to determine a complaint that the presentation of a 1 News Kantar Public poll concerning support for political parties ahead of the 2023 general election was misleading. The Authority has previously determined that excluding undecided voters from poll figures was not inaccurate, and the issue of poll figures adding to 100% did not require our determination. On this basis the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Accuracy...

Decisions
King and Television New Zealand Ltd - 1991-003
1991-003

Download a PDF of Decision No. 1991-003:King and Television New Zealand Ltd - 1991-003 PDF277. 03 KB...

Decisions
Powell and Television New Zealand Ltd - 1999-219
1999-219

Summary An ACT Party political advertisement broadcast around 7. 00pm on TV One on 18 November included a promise to voters that a vote for the party would ensure a "Fair, full and final treaty settlement". Mr Powell complained to Television New Zealand Ltd, the broadcaster, that the advertisement, which he said was broadcast at 6. 54pm made a claim which was incorrect, inaccurate, and designed to confuse the voting public deliberately. He maintained that ACT did not have the power to make any such promise as treaty issues were matters between the British monarch and what he called the Maori principal. TVNZ advised that its response to the complaint was limited to whether or not the advertisement accurately reflected ACT’s policy. That Mr Powell and others disagreed with that policy was not, TVNZ continued, sufficient cause for a formal complaint....

Decisions
Lee and Television New Zealand Ltd - 2000-133, 2000-134
2000-133–134

ComplaintPrivate Investigators – filming of Graeme Lee – privacy – unauthorised filming and broadcast – highly offensive and objectionable – unfair Findings (1) Privacy – no uphold (2) Standard G4 – majority – uphold This headnote does not form part of the decision. Summary An episode of Private Investigators was broadcast on TV One at 7. 30pm on 4 July 2000. Private Investigators is a series about the activities of private investigators in New Zealand. Hon Reverend Graeme Lee, a gospel minister and former Member of Parliament, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached his privacy. He also complained to TVNZ that the broadcast was unfair to him. The programme included footage of Mr Lee arriving for a prayer meeting at a house where a private investigator was in the process of recovering goods from its occupants....

Decisions
Feral and Television New Zealand Ltd - 2014-107
2014-107

Summary [This summary does not form part of the decision. ] During The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip, and used live bait to catch marlin. The Authority did not uphold the complaint that the practice of live baiting was cruel and breached standards. The footage was not unexpected in a fishing programme, and the complainant’s concerns relate more to the programme genre in general, and personal lifestyle preferences, which are not a matter of broadcasting standards. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Violence Introduction [1] During an episode of The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip. The host and crew used live bait to catch marlin, a traditional method used in Mexico....

Decisions
Bartlett and Television New Zealand Ltd - 1990-002
1990-002

Download a PDF of Decision No. 1990-002:Bartlett and Television New Zealand Ltd - 1990-002 PDF307. 38 KB...

Decisions
Guenole and Television New Zealand Ltd - 2019-091 (9 March 2020)
2019-091

The Authority did not uphold a complaint that a segment on Breakfast where John Campbell interviewed technology commentator Paul Brislen about the alleged potential health effects of the rollout of the 5G cellular network breached the balance and accuracy standards. The Authority found that, considering the clear perspective of the broadcast and the ongoing media coverage of the 5G rollout, audiences had sufficient information to enable them to make reasoned decisions about 5G. The Authority noted that it was not its role to determine the scientific accuracy of Mr Brislen’s statements and ultimately found that TVNZ made reasonable efforts to ensure their accuracy. Not Upheld: Balance, Accuracy...

Decisions
Shepherd and Television New Zealand Ltd - 2020-157 (20 April 2021)
2020-157

The Authority has not upheld a complaint about an item on 1 News, which reported on support for euthanasia in the lead up to the referendum. It was based on data from the Vote Compass tool, which had been used by more than 200,000 people. The complainant argued it was inaccurate to report that most New Zealanders, or 77% of Kiwis, were supportive of euthanasia, when only 77% of an unrepresentative group of 200,000 were supportive. The Authority found the report was linked to findings from the Vote Compass tool, and its use by 200,000 people, in a clear and transparent way. It found it was legitimate and of interest to the public to extrapolate the data as it did, and the broadcast was unlikely to mislead. Not Upheld: Accuracy...

Decisions
Walker and Television New Zealand Ltd - 2020-093 (28 January 2021)
2020-093

The Authority did not uphold a complaint that a 1 News item covering the resignation of David Clark as Minister of Health misrepresented the complainant’s views in breach of the accuracy standard. The complainant was shown in a series of vox-pops with members of the public in Dunedin (Mr Clark’s electorate). He complained his comments were taken out of context and shown in response to a different question than the one he was asked. The Authority acknowledged the item did not make clear the particular question the vox-pop participants were responding to, which had the effect of misrepresenting the complainant’s views. However taking the item as a whole, the general audience were unlikely to be significantly misinformed at a level justifying regulatory intervention. Not Upheld: Accuracy...

Decisions
Cave and Television New Zealand Ltd - 2020-013 (29 June 2020)
2020-013

The Authority has not upheld a complaint that news items on 1 News about New Year’s celebrations welcoming in 2020 were inaccurate when referencing the start of ‘the second decade’. The Authority found that the broadcast did not refer to ‘the second decade’, only ‘the new decade’. The reference to 2020 as the start of a new decade (when arguably the decade begins in 2021, as modern calendars began counting at 1) did not amount to a material inaccuracy for the purposes of the accuracy standard. The Authority also found that the broadcast’s references to ‘the new decade’ (and similar) were not inaccurate as the term has different meanings when used from calendrical and cultural perspectives. Not Upheld: Accuracy...

Decisions
Cage and Television New Zealand Ltd - 2009-125
2009-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – discussion about proposed changes to adoption laws to allow homosexual couples to adopt – host said he was “iffy” about the changes and that homosexuality was “unnatural” – co-host and some viewers disagreed with his views – allegedly in breach of discrimination and denigration Findings Standard 7 (discrimination and denigration) – host’s comments were provocative but encouraged debate – host’s views were countered by co-host and viewer feedback – tone was not sufficiently malicious to encourage discrimination or denigration – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Decisions
Smith and Television New Zealand Ltd - 2007-031
2007-031

Complaint under section 8(1)(a) of the Broadcasting Act 1989Rude Awakenings – scene in which man and woman have sex on a table – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Rude Awakenings was a New Zealand drama series focussing on the lives of neighbouring Ponsonby families. An episode screened at 8. 30pm on Friday 16 February included a scene in which one of the central female characters – who was dissatisfied with her marriage – had sex with her personal trainer on a table. The personal trainer continued to watch sport on television while having sex. [2] The scene was shot from behind the male character, whose naked buttocks were visible. No female nudity was shown....

Decisions
Rupa and Television New Zealand Ltd - 2005-034
2005-034

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

Decisions
Sanders and Television New Zealand Ltd - 2005-104
2005-104

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – episode devoted to controversy about Meningococcal B vaccine and immunisation campaign – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – a range of significant views advanced about a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies and not misleading – not upheld Standard 6 (fairness) – taking into account the format of programme, panel member Ron Law treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] The controversy about the Meningococcal B vaccine and the current immunisation campaign was dealt with during an entire episode of Close Up, broadcast on TV One at 7. 00pm on 14 July 2005. The item included interviews undertaken in Norway at the laboratory that developed the vaccine on which the New Zealand vaccine was based....

Decisions
Frewen and Television New Zealand Ltd - 2004-053, 2004-054
2004-053–054

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Grassroots Business – included report from Telecom representative which promoted a Telecom product or service – failed to distinguish between programme and advertising material – Standard 8 and Guideline 8a – TVNZ upheld complaint – TVNZ advised clarity required in any future series – complainant dissatisfied with action taken and referred action taken to Authority – a second complaint that other sponsors’ products and services also not clearly distinguished – not upheld by TVNZ – also referred to AuthorityFindings i) Standard 8 – broadcaster retained editorial responsibility – not upheld ii) Action taken – sufficient in the circumstances – complaint is a reminder to all broadcasters of obligations under Standard 8 – not upheldThis headnote does not form part of the decision. Broadcast [1] Grassroots Business was shown on TV One on Saturday mornings at 7....

Decisions
Levertoff and Television New Zealand Ltd - 2013-066
2013-066

Summary [This summary does not form part of the decision. ] A Fair Go item reported on the New Zealand Industrial Fuel Duty Agency (NZIFDA), a business set up to obtain refunds, on behalf of eligible customers, for excise duty placed on off-road fuel usage in some instances. A former employee of NZIFDA criticised the business and the person who ran it. The Authority did not uphold the complaint from the person who ran the business, that the item was inaccurate and misleading and used ‘loaded’ language to suggest wrongdoing. The item was clearly framed from the perspective of the former employee, her comments were clearly her personal opinion, the complainant was given a reasonable opportunity to give a response, and his response was fairly included in the programme....

Decisions
Burrows and Television New Zealand Ltd - 2014-023
2014-023

Summary [This summary does not form part of the decision. ]A One News item discussed increased rates of domestic violence in Christchurch following the earthquakes. The Authority declined to determine the complaint that re-enactments showing domestic violence denigrated men and were ‘gender biased’. The Authority has previously declined to uphold a similar complaint from the complainant, which ought to have put him notice of the likely outcome of this decision. The re-enactments were visual wallpaper only, and the gender of the actors was not material. Declined to determine: Controversial Issues, Discrimination and Denigration Introduction[1] A One News item discussed increased rates of domestic violence over the Christmas period in Christchurch, observed in the wake of the Christchurch earthquakes. The item was broadcast on TV ONE on 20 December 2013....

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-039
1992-039

Download a PDF of Decision No. 1992-039:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-039230. 45 KB...

Decisions
Health Action and Television New Zealand Ltd - 1992-088
1992-088

Download a PDF of Decision No. 1992-088:Health Action and Television New Zealand Ltd - 1992-088 PDF349. 47 KB...

Decisions
Chapple, Grieve & Shierlaw and Television New Zealand Ltd - 2018-085 (28 January 2019)
2018-085

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

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