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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
PK and Television New Zealand Ltd - 2020-149 (16 March 2021)
2020-149

The Authority has not upheld a complaint that a 1 News item reference to a New Conservative Party policy of ‘repealing gay marriage’ was inaccurate. The Authority found the statement was not inaccurate or misleading, in light of the party’s advertised marriage policy. Not Upheld: Accuracy...

Decisions
van Iersel and Television New Zealand Ltd - 2015-005
2015-005

Summary[This summary does not form part of the decision. ]An item on ONE News reported that long-term contraceptive devices had been implanted, without consent, in at least three women who had an abortion at the Epsom Day Unit. The reporter said, 'The Epsom Day Unit is a place where women come to exercise their right to choose'. The Authority did not uphold a complaint that the phrase 'right to choose' materially misrepresented the abortion law in New Zealand. Although the statement was legally incorrect, it was peripheral to the focus of the item and so was not a material point of fact to which the accuracy standard applied. Not Upheld: AccuracyIntroduction[1] An item on ONE News reported that long-term contraceptive devices had been implanted, without consent, in at least three women who had an abortion at the Epsom Day Unit....

Decisions
AA and Television New Zealand Ltd - 2007-080
2007-080

Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintAA complained that a Close Up item breached his privacy and was unfair to him by allowing his ex-wife and her father to allege that he was a wife-beater and a racist. The complainant said that Close Up had taken part in a "malicious attempt" to stop him being granted permanent residency in New Zealand. He said the item was also inaccurate, including allowing a high-ranking Immigration official to say that he had failed to declare a UK conviction for common assault on his immigration application. He provided a copy of his immigration application to show that he had declared the conviction before entering New Zealand. The Broadcaster's ResponseTVNZ said reasonable efforts had been made to get AA's side of the story, but AA had refused to be interviewed....

Decisions
Calcinai and Adams and Television New Zealand Ltd - 2005-051
2005-051

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Decisions
Continental Car Services Ltd and Pitt and Television New Zealand Ltd - 2005-081
2005-081

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – update on a previous item about a used Ferrari – item reported that Continental Car Services Ltd had “refused to hand over” a statement of compliance for the vehicle – item implied that CCS was engaging in restrictive trade practices – allegedly unbalanced, inaccurate and unfair – TVNZ upheld two points as inaccurateFindingsStandard 4 (balance) – subsumed under Standards 5 and 6 Standard 5 (accuracy) – item contained several inaccurate and misleading statements – item as a whole was also inaccurate – action taken by TVNZ insufficient – upheld Standard 6 (fairness) – unfair to CCS and Mr Pitt – upheldOrdersBroadcast of a statement Payment of legal costs of $5,283. 00 Payment of costs to the Crown $2500. 00 This headnote does not form part of the decision....

Decisions
Thomson-Ryan and Television New Zealand Ltd - 2010-063
2010-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up promo – contained the word “fugly” to describe the appearance of a film character – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – “fugly” used in a light-hearted and jovial manner – not used as a term of abuse – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A brief promo for Close Up was broadcast at 8. 33am during an episode of Breakfast and again at 3. 07pm during 60 Minute Makeover on Wednesday 7 April 2010. The promo discussed the new Nanny McPhee film starring Emma Thompson. [2] During the promo a voiceover said, “. . . Plus Oscar pro Emma Thompson on having to look fugly for film”, after which Ms Thompson was shown saying, “I really enjoy it....

Decisions
Women's Action for Justice and Television New Zealand Ltd - 1997-065
1997-065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-065 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN'S ACTION FOR JUSTICE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Institute of Directors and Television New Zealand Ltd - 2009-055
2009-055

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

Decisions
Mainwaring and Television New Zealand Ltd - 1998-019
1998-019

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-019 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAY MAINWARING of Rangiora Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Cooke and Television New Zealand Ltd - 2008-056
2008-056

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – after an item about duck hunting maimais, the news presenter stated “a man needs his cave” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – complainant mistaken – broadcaster’s response adequate – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6. 55pm on Friday 2 May 2008, reported on a group of duck-hunting “Southern men” who held an annual award ceremony for the best maimai (a camouflaged construction that shelters and hides duck hunters). The item looked at two different maimais, one consisting of a raised camouflaged caravan, and the other a small house-like structure that had running water, beer on tap and SKY television....

Decisions
Carr and Television New Zealand Ltd - 2008-136
2008-136

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reviewed political career of Helen Clark – allegedly unbalanced Findings Standard 4 (balance) – item offered limited historical review of Helen Clark's time in Parliament – no discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 9 November 2008, reviewed the political career of the then leader of the Labour Party, Helen Clark, who was defeated in the New Zealand general election held the previous day. The One News presenter introduced the item by saying: So let's take a look at how Helen Clark's career stacks up. She is Labour's longest serving leader and the only one to win three terms as Prime Minister....

Decisions
Gribble and Television New Zealand Ltd - 1999-241
1999-241

Summary Evidence from the trial of the men accused of murdering Beverley Bouma was reported in a One Network News item. The item included an extract from the prosecuting lawyer’s description of how the killing occurred. It was broadcast on TV One, at 6. 00pm on 11 October 1999. Mr Gribble complained to Television New Zealand Ltd, the broadcaster, that the detailed description in the item was not suitable to include in a 6. 00pm news programme, as that was a time during which children could be watching television. TVNZ responded that, while its news editors were always mindful of the child audience that might watch news programmes, those programmes necessarily carry unpleasant content where that content is relevant and important....

Decisions
Solomon and Television New Zealand Ltd - 2014-036
2014-036

Summary [This summary does not form part of the decision. ]A Seven Sharp item looked at tourism in the Chatham Islands, including its fishing and hunting opportunities. During an interview with a tourism expert, one of the programme’s hosts commented, ‘I’d rather shoot myself, to be honest, than go and do that in the Chatham Islands. ’ The Authority did not uphold the complaint that the comment was offensive and denigrated the Chatham Islands. The tourism expert immediately countered the comment with positive statements about visiting the Chatham Islands, and the host later clarified what he had meant by the comment. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Discrimination and DenigrationIntroduction[1] A Seven Sharp item looked at tourism in the Chatham Islands....

Decisions
McDonald and Television New Zealand Ltd - 2015-016
2015-016

Summary [This summary does not form part of the decision. ]ONE News reported that Cadbury chocolate bars were set to ‘shrink by 10 percent’, from 220 grams to 200 grams. The Authority declined to determine the complaint that the item was inaccurate because it was wrong to use the word ‘shrink’ to refer to a weight measurement and because the difference in grams was 9. 1 percent, not 10 percent. The Authority found the complaint to be trivial as the complainant did not outline why the difference was material or why it would have impacted viewers’ understanding of the item as a whole. Declined to Determine: Accuracy   Introduction [1] ONE News reported that Cadbury chocolate bars were set to ‘shrink by 10 percent’, from 220 grams to 200 grams....

Decisions
NR and Television New Zealand Ltd - 2015-064 (1 December 2015)
2015-064

Summary [This summary does not form part of the decision. ] The introduction to a Neighbours at War story showed brief footage of a man, GR, on a street outside a bar. The Authority did not uphold a complaint from GR’s son that the broadcast breached GR’s privacy. The footage was very brief, was taken in a public place and would not be highly offensive to an objective reasonable person. Not Upheld: Privacy Introduction [1] The introduction to a Neighbours at War story showed brief footage of a man (GR) on a street outside a bar. The man lifted up his t-shirt and appeared to be showing off for the camera. [2] NR, GR’s son, complained that the broadcast breached his father’s privacy, in particular because the filming had taken place a number of years before....

Decisions
McDonald and Television New Zealand Ltd - 2016-021 (25 July 2016)
2016-021

Summary[This summary does not form part of the decision. ]An item on ONE News reported that a recent avalanche in the Austrian Alps had killed five skiers. The presenter stated the avalanche was ‘reported to be two kilometres wide and five kilometres high’. A second item on ONE News discussed plans for a new dairy factory in Northland. The reporter said, ‘He’s [farmer interviewed] been in the dairy industry for two years and has record low pay-outs, the latest forecast at around four dollars’. The Authority did not uphold a complaint that the reference to the avalanche being ‘five kilometres high’ and the reference in the dairy item to a ‘Fonterra pay-out of $4 per annum’ were inaccurate and misleading....

Decisions
Hurrell and Television New Zealand Ltd - 2016-086 (8 March 2017)
2016-086

Summary[This summary does not form part of the decision. ]Promos for South Park, Tosh. O and Bombshell: The Sinking of the Rainbow Warrior screened during the wildlife programme Africa’s Fishing Leopards, which was classified G. The promos contained potentially offensive language, which was censored, and verbal references to an ‘act of terror’ and ‘murder’. The Authority did not uphold a complaint that it was inappropriate to broadcast promos for AO-classified programmes during G-programmes, as they contained adult themes. The Authority noted that it is acceptable to screen promos for AO programmes during G programmes, provided that the promo complies with the classification of the host programme. It found that in this case, the use of censored coarse language did not breach standards, but noted that in order to maintain a G classification, broadcasters must take care to adequately edit any AO or PGR content....

Decisions
Wakelin and Television New Zealand Ltd - 2018-060 (26 October 2018)
2018-060

Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about an item on 1 News reporting on the separation of migrant families in the United States. The complaint was that references to President Donald Trump’s ‘immigration crackdown’ and ‘Trump’s policy’ of separating children from their parents were misleading, unbalanced and unfair as the relevant law pre-dated Trump’s presidency. The Authority concluded the broadcast did not breach the accuracy, balance or fairness standards, as the references reasonably reflected the Trump administration’s position regarding the enforcement of criminal prosecutions for illegal immigrants. The Authority emphasised the high level of public and political interest in the story and found that any limitation on the right to freedom of expression on this occasion would be unjustified....

Decisions
Matthew and Television New Zealand Ltd - 2019-114 (27 May 2020)
2019-114

The Authority has not upheld a complaint about an interview on Breakfast with a public health researcher regarding the potentially carcinogenic properties of glyphosate, an ingredient in commonly available and widely used weed killers. The Authority found there was no breach of the balance standard as viewers would have been sufficiently aware of the existence of alternate views (both from the programme itself and from other reporting within the period of current interest) and that the accuracy standard did not apply as the relevant statements were analysis and opinion. Not Upheld: Balance, Accuracy...

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