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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 79/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

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...

The Authority has declined to determine a complaint under the accuracy standard regarding a broadcaster’s statement that Maria Sharapova won her first ‘grand slam’ at 17 years old. The complaint was that the term ‘grand slam’ consists of winning all four major tennis competitions in a calendar year, a feat which Sharapova has not achieved. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – included discussion on a study which showed a link between domestic violence and animal abuse – host made a number of comments that were critical of the women who took part in the study and of women who stayed in violent relationships because of their pets – for example, he said that they were “morons”, “probably deserved to be abused”, and were “born sub-normal” – host made comments that were critical of the White Ribbon campaign – allegedly in breach of good taste and decency, accuracy, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – talkback is a robust and opinionated environment – host’s approach could be considered offensive and provocative but was for effect and to generate a response – overall, programmes were balanced – contextual factors – not upheld Standard 7 (discrimination and denigration) –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about dispute between unions and filmmakers in relation to the film The Hobbit – panel guest referred to John Key giving Warner Bros. 100 million dollars – allegedly inaccurate FindingsStandard 5 (accuracy) – programme consisted of commentary and opinion – panellist’s comments were clearly her opinion, not statements of fact – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] A “Panel” segment was broadcast during Afternoons with Jim Mora on Radio New Zealand National on the afternoon of 28 October 2010, in which the host discussed a number of topics with two guests. One of the topics was the dispute between unions and filmmakers in relation to the film The Hobbit, and the status of contractors compared with employees....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Karere – item reported on the alleged closure of Whakatane Hospital’s Microbiology Department and the movement of all microbiology services to Tauranga – allegedly inaccurate FindingsStandard 5 (accuracy) – item was inaccurate and misleading in creating the impression that Whakatane Hospital’s Microbiology Department was closing down and all microbiology testing services were being moved to Tauranga – broadcaster did not make reasonable efforts to ensure that item was accurate and did not mislead – upheld No Order This headnote does not form part of the decision. Introduction [1] An item on Te Karere, broadcast on TV One on 4 October 2011, reported on the alleged closure of Whakatane Hospital’s Microbiology Department and the movement of all microbiology services to Tauranga....

Download a PDF of Decision No. 1993-035: Credo Society Inc and TV3 Network Services Ltd - 1993-035 PDF264. 07 KB...

Summary [This summary does not form part of the decision. ]During an item on Q+A, one of the presenters referred to the Conservative Party as ‘the Christian conservatives’. The Authority did not uphold the complaint that this was inaccurate. The presenter was later corrected by a panellist, and she explained her reasons for using that phrase, so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] During the political affairs show Q + A, in a discussion about the popularity of the Conservative Party, one of the programme’s presenters stated:Colin Craig, of course – the Christian conservatives – are starting to show in the polls. [2] The item was broadcast on TV ONE on 20 October 2013. [3] Terry Wallbank made a formal complaint to Television New Zealand Ltd, alleging that it was inaccurate to refer to the Conservative Party as the ‘Christian conservatives’....

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading....

Summary[This summary does not form part of the decision. ]Nine to Noon broadcast an interview with Joan Withers, chair of Mighty River Power, about her career and the energy industry, among other things. The Authority declined to determine a complaint that Ms Withers was not suitable to interview. RNZ's decision to interview Ms Withers is a matter of editorial discretion rather than broadcasting standards. The complainant has previously made similar complaints about Ms Withers and been warned that further similar complaints would be unlikely to be determined in future. Accordingly the Authority declined to determine the present complaint on the basis it was vexatious. Declined to Determine: Accuracy, Fairness, Responsible Programming Introduction[1] Nine to Noon broadcast an interview with Joan Withers, chair of Mighty River Power, about her career and the energy industry, among other things....

Summary[This summary does not form part of the decision. ]Morning Report contained two items about the Government’s proposal for a specific criminal charge for family violence. A number of family violence experts were interviewed, and the introduction to one of the items stated that ‘14 women, six men and 10 children’ are killed by family violence annually. The Authority upheld a complaint that this statistic was inaccurate because the broadcaster’s source was significantly outdated, and it was part of the introduction which framed the discussion. However, the Authority did not uphold the aspect of the accuracy complaint that the items were misleading because they implied that men are overwhelmingly the perpetrators and women almost always victims of family violence....

Summary [This summary does not form part of the decision. ]Seven Sharp featured a story about two local residents, labelled ‘herb detectives’, who were determined to track down the man they believed was responsible for stealing their herbs. The reporter and the ‘herb detectives’ visited the local market looking for the alleged thief and spoke to a woman, Shunfang Shen, who was selling herbs. The reporter asked Mrs Shen where her herbs were from, and one of the residents said, ‘It looked very much like my mint. ’ The Authority upheld a complaint from Mrs Shen that the action taken by TVNZ, in upholding her complaint that the item was inaccurate and unfair, was insufficient. The Authority acknowledged that TVNZ attempted to remedy the breach of standards, including by broadcasting a correction several days after the item....

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon featured an interview with Massey Professor Paul Spoonley, titled ‘The changing face of NZ’. The interview discussed increasing diversity in New Zealand and projections for population growth, as suggested by recent data released by Statistics New Zealand. During the interview, presenter Kathryn Ryan commented, ‘it’s also in some ways the argument for immigration, isn’t it, because you’re going to need workers, you’re going to need tax payers, especially as that baby boomer demographic retires, we know there’s some big issues coming up there’. The Authority did not uphold a complaint that this comment breached the accuracy standard, finding the comment was not a statement of fact to which the standard applied, and it would not have materially affected the audience’s understanding of the interview as a whole....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

Summary [This summary does not form part of the decision. ] Seven Sharp reported on the Russian government banning adoptions of its orphans by New Zealand couples, because of New Zealand’s marriage equality legislation. The reporter referred to Vladimir Putin as ‘homophobic’. The Authority did not uphold the complaint that this was inaccurate and misleading. The comment was clearly analysis and commentary by the reporter, rather than a material point of fact, so it was not subject to standards of accuracy. Not Upheld: Accuracy Introduction [1] A Seven Sharp item reported that the Russian government had banned adoptions of Russian children by New Zealand couples, because of New Zealand’s same-sex marriage legislation. The reporter referred to ‘old homophobic Vladimir Putin’. The item was broadcast on TV ONE on 3 July 2014. [2] Terry Wallbank complained that the reporter’s reference to Mr Putin as homophobic was inaccurate, biased and misleading....

Summary [This summary does not form part of the decision. ] A Prime News item summarised the findings of a report released by the Auckland City Council on former mayor Len Brown’s spending while in office, and said, ‘Mr Brown received nine free stays at hotels worth more than $6,000 and 64 hotel upgrades worth nearly $33,000’. The Authority did not uphold the complaint that the item was inaccurate to report the ‘freebies’ in terms of free nights, when in fact they were mostly room upgrades. The value of the free rooms as compared to room upgrades was clearly outlined and accurately reflected the report. Viewers were not misled. Not Upheld: Accuracy Introduction [1] An item on Prime News summarised the findings of an Ernst and Young (EY) report released by the Auckland City Council on former mayor Len Brown’s spending while he was in office....

Complaint Holmes – series of items on the "brain drain" – Richard Poole – newspaper advertisement – Business Roundtable backing – unbalanced – news source lacked integrity FindingsStandard G6 – items lacked balance – broadcaster not impartial – Poole’s integrity not forcefully challenged – uphold Standard G15 – Poole an "information source" as required by standard – broadcaster failed to ascertain adequately his integrity/reliability – uphold OrdersBroadcast of statement$2,000 costs to Crown This headnote does not form part of the decision. Summary Items broadcast on the Holmes show on TV One on 4, 5 and 6 October 2000 dealt with a perceived "brain drain" whereby young, educated New Zealanders were allegedly leaving New Zealand permanently for better jobs and an enhanced lifestyle overseas. Holmes is broadcast between 7. 00pm and 7. 30pm on weekdays....