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Decisions
McKay and TVWorks Ltd - 2009-121
2009-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Decisions
Greally and Television New Zealand Ltd - 2007-011
2007-011

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – statement broadcast about a complaint upheld by the Authority – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statement was an accurate representation of the Authority's decision – not upheld Standard 6 (fairness) – nothing unfair to Mr Greally in the statement – not upheld This headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd was ordered to broadcast a statement after a complaint had been upheld by the Broadcasting Standards Authority. Decision No: 2006-020 related to a complaint by Elizabeth Dunning about a One News item screened on 3 February 2006. The statement required by the Authority was broadcast on TV One during One News at approximately 6pm on 22 November 2006....

Decisions
Batham and Radio New Zealand Ltd - 1999-203
1999-203

Summary The weather in Northland was predicted to include a few showers turning to rain later, according to the midday weather forecast on Concert FM on 15 July 1999. Michael Batham of Russell complained to Radio New Zealand Ltd, the broadcaster, that the weather report was inaccurate and did not fully inform listeners of the actual conditions. He said that the following day a news item reported that there had been a number of road accidents in Northland which had been caused by bad weather. He also complained that the weather forecasts in general were too inaccurate for boating people to rely on. RNZ responded that, given the brevity of the forecast used on Concert FM and the large geographical area of each region, there was no inaccuracy in the information conveyed. It emphasised that full marine forecasts were available from other sources....

Decisions
Mason and Television New Zealand Ltd - 2006-116
2006-116

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…...

Decisions
Acland and Television New Zealand Ltd - 2010-172
2010-172

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – viewers’ poll questioning whether the New Zealand Government should have apologised to India for Paul Henry’s controversial remarks – included edited footage from a debate on an Indian television network – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – editing of the Indian programme was not misleading – excerpt included comments both for and against Mr Henry – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7. 30pm on 8 October 2010, included a poll asking viewers whether they agreed with the New Zealand Government’s apology over Breakfast presenter Paul Henry’s recent controversial remarks....

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
Gregory and Television New Zealand Ltd - 2005-133
2005-133

Complaint under section 8(1)(a) of the Broadcasting Act 1989Exposé: Prostitution – After the Act – documentary looking at the effect of the Prostitution Reform Act on the sex industry – allegedly in breach of law and order, balance and accuracyFindingsStandard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to illegal acts – not upheld Standard 4 (balance) – item provided a range of views on the controversial issue – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Exposé: Prostitution – After the Act was a documentary broadcast on TV One at 8. 30pm on 29 September 2005. The programme examined the way in which the Prostitution Reform Act (PRA) had affected the sex industry in New Zealand. The introduction stated: In June 2003, prostitution was decriminalised....

Decisions
de Boer and Radio New Zealand Ltd - 2004-122
2004-122

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....

Decisions
White and Television New Zealand Ltd - 2001-093
2001-093

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

Decisions
New Zealand Food and Grocery Council Incorporated and TVWorks Ltd - 2007-126
2007-126

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand documentary: “What’s Really in our Food” – discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme fairly presented significant viewpoints – not upheld Standard 5 (accuracy) – two statements inaccurate – upheld Standard 6 (fairness) – not unfair to persons or organisations taking part or referred to in the programme – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An Inside New Zealand documentary entitled “What’s Really in our Food” was broadcast on TV3 at 8. 30pm on 13 September 2007. The programme discussed the effects and risks, and questioned the widespread use, of additives in New Zealand food....

Decisions
Māori Television Service and CanWest RadioWorks Ltd - 2006-086
2006-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host stated that the BSA had not upheld a complaint from Māori Television about his comments criticising the channel – stated that Māori Television was “apartheid” and “racist” – allegedly inaccurate and denigratoryFindingsPrinciple 6 (accuracy) – inaccurate to state that BSA had not upheld the complaint when it had not yet considered the complaint – inaccurate to refer to Māori Television as Te Karere – upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] On 25 July 2006 at approximately 7....

Decisions
Hooker and Television New Zealand Ltd - 2005-037
2005-037

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eye to Eye – host asked his guests whether the Labour or Māori Party candidate would win the seat of Tai Tokerau in the upcoming election – did not mention a third candidate for the electorate – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate – not upheldThis headnote does not form part of the decision. Broadcast [1] During Eye to Eye, broadcast on TV One at 9. 30am on 5 February 2005, the host asked his two female guests whether Dover Samuels (Labour Party) or Hone Harawira (Māori Party) would win the seat of Tai Tokerau in the upcoming election....

Decisions
Thompson and Radio Pacific Ltd - 1998-145
1998-145

SummaryThe sum of $90 million had been granted by the government to start a Maori television station, reported the breakfast host of the talkback session broadcast on Radio Pacific between 6. 00–9. 00am on 20 May 1998. He referred to this figure on a number of occasions even when advised by a guest, the Opposition Spokesperson on Broadcasting, that the correct figure was $19 million. Ms Thompson complained to Radio Pacific Ltd that the broadcast was inaccurate, unbalanced, deceptive and failed to respect the principles of partnership between Maori and Pakeha. Explaining that the host was confused between the figure given for the Maori television station and the public broadcasting fee, Radio Pacific upheld the complaint about inaccuracy. It apologised and offered to broadcast an explanatory statement. It declined to uphold any other aspect of the complaint....

Decisions
Sanders and Radio 531 PI - 2002-176, 2002-177
2002-176–177

ComplaintRadio 531 PI Breakfast Show – interview about organisation of International Laugh Festival – complainant named and criticised as festival producer – breach of privacy – comments unfair and inaccurate – broadcasters acknowledged some comments as unfair – apology promised – action taken insufficient FindingsPrivacy – no private facts disclosed – expression of opinion only – no uphold Principle 5 – comments unfair – uphold Principle 6 – not a news or current affairs programme – no uphold Action taken Written apology tendered to complainant through Authority – sufficient This headnote does not form part of the decision. Summary [1] The International Laugh Festival was discussed on Radio 531 PI on the morning of 6 May 2002. A Pacific Island comedian, who was not included in the televised Gala part of the Festival, was interviewed....

Decisions
Gunasekara and Television New Zealand Ltd - 2010-075
2010-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on walkout by New Zealand delegation during the Iranian president’s speech at a United Nations nuclear conference – reporter made statements about Iran’s nuclear programme and about a previous walkout during an earlier speech given by the Iranian president – allegedly inaccurate FindingsStandard 5 (accuracy) – statement that “Its reason: it’s for generating electricity” was careless and misleading – upheld – comment that a previous speech by President Ahmadinejad was “racist” was not material to the item – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Tuesday 4 May 2010, reported on the New Zealand delegation’s walkout during the Iranian president’s speech at a United Nations nuclear conference....

Decisions
Minchington and Television New Zealand Ltd - 1995-158
1995-158

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Jackson and TV3 Network Services Ltd - 1999-198
1999-198

Summary An incident involving a BB pistol was the subject of the lead news item on Nightline on 27 April 1999. It was reported that there had been "another school shoot-up" and that a student had been "caught up in the fury of the armed confrontation". The school’s principal had not been forthcoming when asked about the incident, according to the report. Mr Jackson, Editor of the Northland Age newspaper, complained to TV3 that its coverage of the incident was inaccurate and sensationalist and bore no relationship to the actual event which occurred. In his view, the reporter had elected to embellish the facts, despite having been given an accurate account of what had happened. He also objected to the report’s contention that the school’s principal had not been forthcoming when asked to comment....

Decisions
Tonks and TV3 Network Services Ltd - 2000-126
2000-126

Complaint3 News – possible cure for cancer – deceptive – misleadingFindingsStandard G7 – not applicable Standard G11 – not applicable Standard G15 – no uphold This headnote does not form part of the decision. Summary A dietary supplement made from pig pancreatic enzymes was said to provide a possible cure for cancer, according to an item on 3 News broadcast on 11 May 2000 between 6. 00–7. 00pm. Murray Tonks complained to TV3 Network Services Ltd, the broadcaster, that the item lacked scientific credibility and that it was apparent that there was no independently verified research findings which backed the claims made. In his view, the item used a deceptive programme practice and was misleading, as it could have raised false hopes for cancer sufferers....

Decisions
McDonald and Radio New Zealand Ltd - 2009-150
2009-150

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989All Night Programme – host used the phrase “50 times less power” – allegedly inaccurate Findings Standard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] At approximately 12. 10am on Radio New Zealand National on Saturday 24 October 2009, the radio host of the All Night Programme discussed the “World Solar Challenge”, a race across Australia using cars powered by the sun. He referred to Cambridge University’s entry, saying: “‘Endeavour’ requires 50 times less power than a normal petrol-fuelled vehicle, and experts believe that aspects of its design should provide a model for green vehicles in the future” – that from team spokeswoman Lucy Hickmet....

Decisions
New Zealand Rugby Football Union Inc and Television New Zealand Ltd - 2001-005, 2001-006, 2001-007
2001-005–007

ComplaintOne News – 4, 5, 10 August – NZRFU receptionist advised caller of the availability of scalped tickets – receptionist described as a "go-between" and later as "at the centre" of the scam – covert recording of telephone conversation – inaccurate and unfair FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to use covert call given public interest – no uphold; unfair not to broadcast full summary of covert call – uphold Standards G7, G13, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary Following up on information received, a TVNZ journalist, without identifying himself, telephoned the New Zealand Rugby Union (NZRFU) to ask about the availability of a ticket for a forthcoming test match. The call was recorded covertly....

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