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Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host made comments about television personality who hosted Anzac Day programme on Māori Television – said she would have been paid “$25,000 or thereabouts” – questioned whether she would have “been allowed to take that lovely piece of greenstone home with her” – host also called Māori Television “disgusting apartheid TV station” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly speculation – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not a “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis 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....

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...

The Authority has not upheld a complaint under the accuracy standard about a 1News report on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged the broadcast’s framing of the Treaty principles as partnership, participation, and protection (the Three Ps) was ‘incomplete and confused’, and describing the Bill’s three principles as ‘new’ erroneously suggested the Bill was rewriting the Treaty principles. The broadcast stated, ‘there are no principles that have been expressly defined or set out in law’ and recited the Three Ps as the ‘current main three principles’. In the context of the segment, the reporter’s comments were unlikely to mislead viewers, and any potential harm caused was not at a level justifying intervention. Additionally, it was not misleading, in the context, to refer to the Bill’s three principles as ‘new’. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-034 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintsHolmes – two items – sensitive information about two women found on second-hand computer hard drive – inaccuracies – unfair to ACC and to women – unbalanced – unnecessary intrusion into grief and distress of victims – significant errors of fact not corrected at earliest opportunity Findings (ACC complaint)(1) Standard G1 – inaccurate to refer to counsellor as part of ACC’s organisation – inaccurate to say women were referred to counsellor by ACC – uphold (2) Standard G4 – broadcasts unfairly framed ACC – uphold; breach in relation to the interviews with the women – uphold (3) Standard G6 and Standard G14 – selective editing of press release – items unbalanced – uphold Findings (MacDonald complaint)(1) Standard G4 – aspect upheld by broadcaster; breach in relation to the interviews with the women – uphold; broadcasts unfairly framed ACC – uphold (2) Standard G6 – item unbalanced – uphold Orders(1) Broadcast of statement(2) $12,500 reimbursement of reasonable…...

ComplaintOne News – item reported Government to pay defence bill for depositions hearing of private prosecution of police officer charged with murder – featured as unusual event whereas complainant claimed that it was standard practice – not consistent with legal principles – unbalanced – inaccurate – unfair FindingsStandards 2, 4, 5, and 6 – news selection issue – not broadcasting standards matter – no uphold This headnote does not form part of the decision. Summary [1] The Government’s decision to pay the defence costs at the depositions hearing of the private prosecution of Constable Abbott for the murder of Stephen Wallace was reported as a "bolt from the blue" in an item on One News on Saturday 15 June 2002. One News is broadcast daily on TV One between 6. 00–7. 00pm....

ComplaintNewstalk ZB – Paul Holmes’ Breakfast Show – commentary on Ariel Sharon’s visit to Temple Mount – commentary on Middle East situation – unbalanced – inaccurate – socially irresponsible FindingsPrinciple 4 – editorial piece – other significant points of view presented in period of current interest – no uphold Principle 6 – clearly presenter’s opinion – comments not presented as fact – no uphold Principle 7 – not denigratory to extent envisaged by principle – no uphold This headnote does not form part of the decision. Summary In an item on Paul Holmes’ Breakfast Show, broadcast on Newstalk ZB on 16 October 2000, the presenter commented on the Middle East situation. The presenter described Mr Ariel Sharon as a "dreadful beast" and as "mad, cynical [and] Arab-hating....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – 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 Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....

Download a PDF of Decision No. 1993-002:Helm and Television New Zealand Ltd - 1993-002 PDF321. 84 KB...

Download a PDF of Decision No. 1993-171–172:Canterbury Area Health Board and Harris and TV3 Network Services Ltd - 1993-171, 1993-172 PDF1. 28 MB...

The majority of the Authority upheld (in part) a complaint about a segment on Marae discussing the bounds of the right to freedom of expression, in the wake of Posie Parker’s ‘Let Women Speak’ events. The complaint argued the segment was unbalanced, disproportionately favouring views of participants against the events, and inaccurate in multiple respects. The Authority found the segment adequately presented significant viewpoints through the inclusion of multiple guests, through the host’s questioning and in the introductory segment. The Authority considered most of the alleged inaccuracies were unlikely to have significantly affected viewers’ understanding of the broadcast as a whole. The majority found one of the comments in the broadcast (relating to the characterisation of Parker) was materially inaccurate and this issue created harm sufficient to justify a restriction on the right to freedom of expression. Upheld by Majority: Accuracy, Not Upheld: Balance No Order...

The Authority has not upheld a complaint about an interview with National Party Leader Christopher Luxon on Q+A with Jack Tame. The complaint alleged Tame was disrespectful and hostile to Luxon, and asked invasive personal questions, in breach of the fairness, balance and accuracy standards. The Authority did not consider Tame’s questions or comments went beyond a level of robust scrutiny or challenge that could reasonably be expected in an interview with the Leader of the Opposition on their party’s policies, particularly in the lead-up to a general election, and therefore the fairness standard was not breached. The complaints under balance and accuracy each concerned matters not addressed by the relevant standard. Not Upheld: Fairness, Balance, Accuracy...

Summary[This summary does not form part of the decision. ] Over two evenings on 6 and 7 November 2017, 1 News explored issues of climate change in the lead up to the 2017 United Nations Climate Change Conference (COP23), presided over by Fiji. During the 6 November 2017 broadcast, a segment titled ‘Rising Sea Levels’ focused on the relocation of Vunidogoloa in Fiji two kilometres inland. The ‘threat’ of ‘rising sea levels’ was revisited during an item on 7 November 2017, which focused on Kiribati purchasing higher ground in Fiji. The Authority did not uphold complaints from two complainants that these broadcasts were inaccurate and unbalanced on the basis there had been little or no rise in sea levels in Fiji or Kiribati. These items focused on Fiji’s position that it was particularly vulnerable to the impacts of climate change, including rising sea levels....

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....

A segment on Sunday contained a story about two women suffering debilitating symptoms of menopause, and included a brief discussion with a doctor about the use of Hormone Replacement Therapy as a treatment option. The complainant alleged the broadcast breached the accuracy and balance standards as it inaccurately described HRT as ‘safe’, promoted HRT’s benefits for other health issues, contained a statement that a 20-year-old study linking breast cancer to HRT had been discredited as flawed, and failed to provide countering views on HRT’s safety and on the validity of the study. The Authority did not uphold the complaint, finding it was reasonable for TVNZ to rely on Dr Teagle as an authoritative source, the segment was materially accurate, the story was clearly told from a particular perspective, and the alleged harm did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Accuracy, Balance...

The Authority has not upheld complaints an item on Sunday breached the accuracy, balance, fairness, and discrimination and denigration standards. The broadcast featured a 30 minute report on Aotearoa New Zealand’s medical staffing shortages, and explored whether this issue could be alleviated by the migration of medical staff from the USA, particularly those dissatisfied with the Supreme Court’s recent overturning of Roe v Wade. The complainants considered the broadcast unbalanced, favouring a ‘pro-choice’ perspective....