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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item discussed “all-out war” between the Wellington Mayor and a city councillor – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – use of psychologist trivialised the situation but viewers unlikely to have taken her comments seriously – Mayor given adequate opportunity to comment – not unfair to Ms Prendergast or to the Council – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 16 July 2009, was introduced by the presenter as follows: What on earth is going on at Wellington City Council?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about homeopathy sceptics – included comment from sceptics, a homeopathy client, a practitioner and New Zealand Council of Homeopaths – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – three interviewees offered views in favour of homeopathy – broadcaster made reasonable efforts to present significant points of view – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Wednesday 10 February 2010, featured an experiment conducted by the New Zealand Sceptics Society in which they tried to overdose on homeopathic remedies. They reached the conclusion that the remedies were essentially water containing extremely diluted substances....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about a 10-year-old child who had taken his mother’s car for a joyride – child interviewed while sitting in the driver’s seat – showed child sitting in the driver’s seat of the car alone and rolling down the driveway at his house – allegedly in breach of law and order and children’s interests Findings Standards 2 (law and order) and 9 (children’s interests) – item did not encourage adult target audience to break the law or otherwise promote, condone or glamorise illegal behaviour – clearly illustrated the boy’s actions were dangerous and illegal – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....

This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – presenter introduced item coming up after advertisement break – included footage from episode of Underbelly – showed a balaclava-clad man shooting at man sitting in a car – allegedly in breach of good taste and decency, fairness, programme information, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 10 violence) – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 6 (fairness) – standard not applicable – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – included estimates of Iraqi civilian and military deaths since 2003 invasion – figures said to be difficult to verify – conservatively put at 49,642 but said most estimates suggested well over 100,000 – allegedly inaccurate FindingsStandard 5 (accuracy) – wide ranging estimate was not inaccurate – not upheld This headnote does not form part of the decision. Broadcast 1] The estimated number of Iraqi deaths since the US-led invasion on 20 March 2003 was given in an item on Close Up, broadcast on TV One on 7 December 2006 beginning at 7. 00pm. After giving the number of American and other coalition soldiers killed, the item reported: When it comes to tallying the number of Iraqi deaths, figures are difficult to verify....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with woman who was launching a brand of cosmetics made from natural ingredients – contained a number of statements about the chemicals contained in mainstream cosmetics, including that most contained parabens – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – not upheld Standard 5 (accuracy) – interviewee was not presented as an expert – viewers would have understood that her comments were opinion and not statements of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on an incident at Fairfield College in which a group of teenage girls were admitted to hospital after taking drugs – included summary of problems previously experienced at Fairfield College – allegedly in breach of standards relating to controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – in any event, alternative viewpoints were presented and representatives from Fairfield College were invited to appear on the programme – not upheld Standard 5 (accuracy) – item was not inaccurate and did not create a misleading impression about the problems faced at Fairfield College – not upheld Standard 6 (fairness) – Fairfield College was provided with a reasonable opportunity to comment and its response was adequately conveyed in the broadcast – Fairfield College was treated fairly – not upheld This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the manuka honey industry – investigated claims that some manuka honey producers were misleading consumers by putting false information on their labels – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on Wednesday 5 August 2009, investigated whether claims made on manuka honey labels could be backed up by tests. The presenter introduced the item by saying: They call it liquid gold. It’s one of our fastest export success stories, but tonight we rip the lid off an industry rife with false claims, with deceit....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on death of a man who was shot while out hunting – during visual reconstruction person pointed a firearm at the camera – allegedly in breach of law and order standard FindingsStandard 2 (law and order) – footage of a gun pointed at the camera did not, when taken in context, encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] A Close Up item reporting on the sentencing of a man convicted of shooting another man in a hunting accident, included visual reconstructions of people hunting. The reporter referred to previous hunting accidents, and a brief, out-of-focus shot of a gun pointing towards the camera was shown during a visual reconstruction of a hunting trip....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – report on the sale of horse meat for human consumption that had been processed as pet food – included undercover investigation – reporter shown speaking with the owner of pet food factory allegedly supplying horse meat – reporter told to leave the property but continued to ask questions – allegedly in breach of law and order Findings Standard 2 (law and order) – reporter acted in a professional and appropriate manner – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision....