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Decisions
Right to Life New Zealand and MediaWorks TV Ltd - 2018-033 (23 July 2018)
2018-033

Summary[This summary does not form part of the decision. ]An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament. The item featured interviews with advocates for and against the legalisation of euthanasia in Aotearoa. The Authority did not uphold a complaint that the item was unbalanced or that the use of certain terms such as ‘euthanasia’ was inaccurate. The Authority recognised the legalisation of euthanasia is an important and ongoing issue of public importance in New Zealand. The Authority found that overall the item was sufficiently balanced and was unlikely to mislead or misinform viewers, so any restriction on the broadcaster’s freedom of expression would be unjustified. Not Upheld: Balance, AccuracyThe broadcast[1] An item on The Project discussed the End of Life Choice Bill (the Bill) before the Select Committee of Parliament....

Decisions
Te Whata and MediaWorks Radio Ltd - 2020-141 (31 March 2021)
2020-141

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

Decisions
Watkin and Television New Zealand Ltd - 2008-075
2008-075

Complaint under section 8(1)(b)(i) of the Broadcasting Act 1989One News – item reported that Air New Zealand planned to be the first airline to use biofuels on commercial flights – allegedly inaccurate Findings Standard 5 (accuracy) – item was ambiguous whether using biofuels would decrease carbon dioxide emissions from planes – upholding the accuracy complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on TV One on 5 June 2008, reported on the announcement by Air New Zealand that it hoped to be the first airline to use biofuels on commercial flights. [2] It was reported that Air New Zealand planes pumped around three-and-a-half million tonnes of carbon dioxide into the atmosphere every year....

Decisions
Minister of Justice (Hon Tony Ryall) and Radio New Zealand Ltd - 1999-195
1999-195

Summary There was controversy over the government’s proposal to enact legislation dealing with crimes of home invasion, according to news reports and an extended news item on Radio New Zealand Ltd’s Morning Report programme broadcast on 23 June 1999 at 7. 00am, 7. 30am, 7. 40am and 9. 00am. The former Justice Minister was said to be willing to admit that the bill had "some flaws". Hon Tony Ryall, Minister of Justice, complained that the reports were inaccurate when they reported that Sir Douglas Graham, the former Minister of Justice, "had admitted the bill was flawed". Mr Ryall advised that he had spoken to Sir Douglas, who confirmed that he had not made the remarks attributed to him. RNZ acknowledged that Sir Douglas had not used the word "flawed". However, it argued, the phrase was used accurately to reflect Sir Douglas’s view that the bill had limitations....

Decisions
Stamilla and TVWorks Ltd - 2011-130
2011-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Decisions
Freedman and Television New Zealand Ltd - 2005-095
2005-095

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....

Decisions
Carapiet and Radio New Zealand Ltd - 2002-007
2002-007

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

Decisions
Signer and TVWorks Ltd - 2012-039
2012-039

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – item reported on trials of the ‘Urewera Four’ – reporter referred to original Urewera terror raids and stated that “17 people were arrested and initially charged under the Terrorism Suppression Act” – broadcaster upheld complaint that this statement was inaccurate because no one had been charged under that Act – action taken by the broadcaster allegedly insufficient Findings Action Taken: Standard 5 (accuracy) – action taken by TVWorks was insufficient – error should have been corrected at earliest appropriate opportunity – upheld No Order This headnote does not form part of the decision.  ...

Decisions
Ashworth and Television New Zealand Ltd - 2010-156
2010-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

Decisions
Wolf and Television New Zealand Ltd - 2008-068, 2008-069
2008-068–069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday and One News – reported on a police drugs bust involving former Australian swimmer Scott Miller – Charlotte Dawson mentioned as being his ex-wife – one item included wedding photos of Ms Dawson and Mr Miller – allegedly in breach of law and order, balance, accuracy and fairness Findings Standard 2 (law and order) – items did not encourage viewers to break the law or otherwise condone, promote or glamorise criminal activity – not upheld Standard 4 (balance) – items did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – items were accurate on points of fact – not upheld Standard 6 (fairness) – Ms Dawson was treated fairly – not upheld This headnote does not form part of the decision....

Decisions
CG and Television New Zealand Ltd - 2013-082
2013-082

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Decisions
Insley and Television New Zealand Ltd - 2014-114
2014-114

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]A Seven Sharp item discussed the release of Nicky Hager’s book Dirty Politics and included an interview with Mr Hager. The Authority did not uphold the complaint that the Seven Sharp host was biased and treated Mr Hager unfairly. The host’s comments were clearly his opinion, and Mr Hager was given a fair and reasonable opportunity to put forward his position. Not Upheld: Controversial Issues, Accuracy, FairnessIntroduction[1] An item on Seven Sharp was introduced by the hosts, Mike Hosking and Toni Street, as follows: Hosking: So, question: are we shocked at what Nicky Hager has in his book, Dirty Politics? In a word, I think no. it is not the big exposé Hager claims it is; there is no smoking gun....

Decisions
Chand & Others and Radio Tarana - 2014-115
2014-115

Summary[This summary does not form part of the decision. ]Radio Tarana reported on the Sanil Kumar Medical Fund, which had been set up for the treatment of a young Fijian-Indian man in New Zealand who had subsequently been deported to Fiji and died. There were allegations by the immediate family of Mr Kumar and others that the fund was being misused by its directors. The Authority declined to uphold a complaint that the broadcasts were unbalanced, inaccurate, unfair, denigrating and caused panic among the public. The broadcaster made reasonable efforts to provide balance and fairness, no inaccuracies could be identified, the discrimination and denigration standard was not applicable and the broadcasts were not presented irresponsibly....

Decisions
Maasland & Others and Radio New Zealand Ltd - 2014-118
2014-118

Summary[This summary does not form part of the decision. ]Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel's arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel's treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly....

Decisions
Taylor and Radio New Zealand Ltd - 2013-091
2013-091

Summary [This summary does not form part of the decision. ]A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The Authority did not uphold the complaint that this was inaccurate, because he was actually standing trial over allegations of ‘filing a false electoral return’. The label ‘electoral fraud’ was used as shorthand to characterise the accusations against Mr Banks, and was also adopted by numerous other news media. The story and the nature of the allegations were widely publicised so viewers would not have been misled. Not Upheld: AccuracyIntroduction[1] A news bulletin on Nine to Noon reported that former Act Party leader John Banks had been ordered to stand trial over ‘allegations of electoral fraud’. The programme was broadcast on Radio New Zealand National on 17 October 2013....

Decisions
Linney and Radio 99 FM - 1991-002
1991-002

Download a PDF of Decision No. 1991-002:Linney and Radio 99 FM - 1991-002 PDF181. 49 KB...

Decisions
Minister of Customs (Hon Murray McCully) and Television New Zealand Ltd - 1993-163
1993-163

Download a PDF of Decision No. 1993-163:Minister of Customs (Hon Murray McCully) and Television New Zealand Ltd - 1993-163 PDF325. 12 KB...

Decisions
Durie and MediaWorks Radio Ltd - 2014-052
2014-052

Summary [This summary does not form part of the decision. ] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him. The broadcaster upheld the complaint this was unfair. However, the Authority found that the action taken by the broadcaster was insufficient, as the apology broadcast by the show’s hosts was insufficiently specific or formal to effectively remedy the breach. The Authority ordered a broadcast statement including an apology to the complainant. Upheld: Fairness (Action Taken) Not Upheld: Privacy, Accuracy, Discrimination and Denigration, Responsible Programming Order: Section 13(1)(a) broadcast statement including apology to the complainant Introduction [1] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him....

Decisions
Whyte and Televison New Zealand Ltd - 2012-070
2012-070

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…...

Decisions
Raj and Triangle Television Ltd - 2011-125
2011-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Zindagi Forever – programme featured stage-set musical performance – song lyrics made references to God – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – standards not applicable as not a news, current affairs or factual programme – programme wholly opinion-based and explored religious beliefs – not upheld Standard 6 (fairness) – Hinduism a religious tradition and not an individual or organisation to which the standard applies – not upheld This headnote does not form part of the decision. Introduction [1] Zindagi Forever, a religious programme, was broadcast on Triangle TV on 17 September 2011. The programme featured a stage-set musical performance in which the song lyrics (in Hindi with English subtitles) made various references to God....

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