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Decisions
Halliwell and Television New Zealand Ltd - 2009-091
2009-091

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Sunday – items discussed suppressed evidence from the David Bain trial that had been released by the courts – allegedly unbalanced, inaccurate and unfair FindingsOne News Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item reported on the evidence released by the court in a neutral manner – contained comment from Mr Bain’s supporter Mr Karam – reporter explained reasons for the evidence being suppressed – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 6 Sunday Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – item contained comment from those individuals whose evidence had been suppressed – contained comment from Mr Karam – Mr Bain treated fairly – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard…...

Decisions
Burnby and Television New Zealand Ltd - 2009-157
2009-157

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about large-scale animal neglect on a farm owned by one of New Zealand’s largest dairy producers – included footage of the complainant – allegedly inaccurate, unbalanced and unfair FindingsStandard 5 (accuracy) – viewers would not have been misled into believing the complainant was involved with animal cruelty on the farm – item accurate on material points of fact – majority – not upheld Standard 6 (fairness) – parts of the item borderline, but fair overall – complainant given adequate opportunity to respond – complainant’s behaviour contributed to the way in which she was portrayed – majority – not upheld This headnote does not form part of the decision....

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

Decisions
Golden and Radio New Zealand Ltd - 2010-048
2010-048

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with Sir Eion Edgar – allegedly in breach of law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandards 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – complainant’s concerns did not raise any issues of broadcasting standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During Nine to Noon, broadcast on Radio New Zealand National on Monday 22 February 2010, the host interviewed Sir Eion Edgar as he had recently been named Senior New Zealander of the Year....

Decisions
Department of Child, Youth and Family Services and TV3 Network Services Ltd - 2003-107
2003-107

Complaint20/20 – “In Harm’s Way” – item about actions of Child, Youth and Family Services Department – breach of law and order – breach of social workers’ privacy – breach of children’s privacy – unbalanced – inaccurate – unfairFindings Standard 2 – item did not affect “orderly and just disposition” of court cases – hand-over coverage did not glamorise or condone criminal activity – no uphold Standard 3 and Guideline 3a – social workers – Privacy Principle (i) disclosure not offensive – no uphold; Child A & B – Privacy Principle (vii) – best interests of children considered by broadcaster – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – no mandatory reporting in New Zealand – uphold on this aspect – no other inaccuracies Standard 6 – subsumed under Standard 4No OrderThis headnote does not form part of the decision....

Decisions
Rupa and Television New Zealand Ltd - 2011-055
2011-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Waitangi: What Really Happened – docu-drama about events leading up to the signing of the Treaty of Waitangi – allegedly in breach of controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Waitangi: What Really Happened was broadcast on TV One at 8. 30pm on Sunday 6 February 2011. The programme was a docu-drama following the events leading up to the signing of the Treaty of Waitangi in 1840....

Decisions
Faidley and Television New Zealand Ltd - 2013-052
2013-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Decisions
Yuan and Discovery NZ Limited - 2022-044 (18 May 2022)
2022-044

The Authority did not uphold a complaint that a Newshub Live at 6pm report into the crash of China Eastern Flight MU5735 breached the accuracy, fairness, and discrimination and denigration standards. The complaint was in relation to speculation the crash might have been due to a deliberate act from the cockpit. The Authority acknowledged, while the discussion on the recently occurring tragedy may have been distressing to some viewers, the words were clearly stated as commentary, analysis and opinion, rather than fact, and therefore the accuracy standard did not apply. No discrimination or denigration was found, and the fairness standard did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

Decisions
Higgins and Television New Zealand Ltd - 2023-002 (12 April 2023)
2023-002

The Authority did not uphold a complaint a reference to ‘Māori currently waiting 12 months longer than others for surgery’ in the introduction of a 1 News item breached the accuracy, discrimination and denigration, and fairness standards. The Authority accepted the reference was inaccurate, as it should have said ‘Māori were more likely than others to be waiting 12 months for surgery’ (not waiting 12 months longer). However, the Authority found the inaccuracy was not material, given the item’s focus on the pressures on the health system, potential negative outcomes of long waiting times, and the Planned Care Taskforce’s recommendations to reduce waiting times. In this context, the brief reference to Māori wait times in the introduction was unlikely to significantly affect viewers’ understanding of the item as a whole. The discrimination and denigration and fairness standards did not apply. Not Upheld: Accuracy, Discrimination and Denigration, Fairness...

Decisions
Bennett and Sky Network Television Ltd - 2023-111 (20 February 2024)
2023-111

The Authority has not upheld a complaint that it was inaccurate for a news item to include footage which allegedly featured a ‘crisis actor’. The Authority found that whether or not the footage was propaganda as claimed by the complainant, its inclusion would not have materially affected the audience’s understanding of the item overall. Not Upheld: Accuracy...

Decisions
Pack-Baldry, Palestine Solidarity Network Aotearoa, Taylor-Moore & Wellington Palestine Group and Television New Zealand Ltd - 2024-040 (12 November 2024)
2024-040

The Authority has not upheld four complaints that interviews on Q+A with Israeli and Palestinian representatives breached multiple broadcasting standards. On 21 April 2024, Jack Tame from Q+A interviewed Ran Yaakoby, the Israeli Ambassador to New Zealand. On 5 May 2024, Q+A interviewed Dr Izzat Salah Abdulhadi, head of the Palestinian Delegation to New Zealand. The complaints were made under several standards and included claims that: statements made by Yaakoby and Tame were inaccurate; Tame did not push back hard enough on Yaakoby; the interviews did not provide balance; the 21 April interview was unfair to Hamas, offensive, and discriminatory. The Authority did not uphold complaints under the accuracy standard on the basis: the relevant points concerned opinion to which the standard does not apply; reasonable efforts had been made to ensure accuracy; any harm was outweighed by freedom of expression; or the points were not materially inaccurate....

Decisions
Christian Heritage Party of New Zealand and Television New Zealand Ltd - 1998-085
1998-085

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-085 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY OF NEW ZEALAND TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hill and TV3 Network Services Ltd - 2000-123
2000-123

Complaint3 News – item about Parihaka commemoration – omission to provide full, accurate historical background – unbalanced FindingsStandard G14 – context – further historical information not required – no uphold This headnote does not form part of the decision. Summary An item about commemorative celebrations planned or held to mark significant dates for Parihaka descendants was broadcast on 3 News on TV3 at 6. 00pm on 25 March 2000. S R Hill complained to TV3 Network Services Ltd, the broadcaster, that the item did not provide full and accurate information about the history of Parihaka, and that it had been unbalanced and biased in favour of the Parihaka Maori as a result. TV3 responded that the modest amount of background material provided in the item was set out to explain the context of the events about which TV3 was reporting....

Decisions
Young and Television New Zealand Ltd - 2009-001
2009-001

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – two days before General Election – item about 83-year-old skin cancer sufferer who had urgent operation cancelled three times – host explained that Minister of Health had refused to come on the show – programme included poll asking who should be next Prime Minister – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – story presented particular example, not a discussion of wider issue – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcast would not have misled viewers – not upheld Standard 6 (fairness) – complainant did not identify person or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Shandil and Apna Networks Ltd - 2006-049
2006-049

Complaint under section 8(1)(a) of the Broadcasting Act 1989Special talkback show on Apna’s first birthday hosted by Programme Director – complainant was a former employee and telephoned the show – call disconnected – later caller told that the former employee’s employment had been terminated or he had resigned – allegedly in breach of privacy, inaccurate and unbalanced FindingsPrinciple 3 (privacy) – no private fact disclosed – not upheld Principle 4 (balance) – broadcast did not deal with controversial issue of public importance – not upheld Principle 6 (accuracy) – broadcast did not deal with news and current affairs – not upheld This headnote does not form part of the decision. Broadcast [1] On 30 April 2006, Apna 990am celebrated its first birthday and invited callers to express their views on air. The session was hosted by Apna’s Programme Director, Shahil Shah. [2] At about 4....

Decisions
Beiersdorf Australia Ltd and CanWest TVWorks Ltd - 2006-102
2006-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there was no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – also stated that the recommended product was “tested to the official standard” – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – some ambiguity later in segment but, overall, viewers would not have been misled about the focus of the segment – not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster not required to give complainant an opportunity to comment because item did not comment on effectiveness of product – not upheld Standard 8 (programme information) – subsumed under Standard 5 This headnote does not form part of the decision....

Decisions
Shepherd and Television New Zealand Ltd - 2005-098
2005-098

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reference to the “Labour Government” – allegedly inaccurate, unfair and in breach of standards relating to programme informationFindingsStandard 6 (accuracy) – “Labour-led” government acceptable shorthand – not upheld – majority considers “Labour” government acceptable shorthand – not upheld Standard 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast an item on Close Up on 21 July 2005 at 7pm. During the course of a political interview, the presenter used the term “Labour Government” to refer to the Government. Complaint [2] Vivienne Shepherd complained to Television New Zealand Ltd, the broadcaster, that the use of the term “Labour Government” was inaccurate, unfair and in breach of standards relating to programme information. She noted that the government was made up of a Labour-Progressive Coalition....

Decisions
Frawley and Television New Zealand Ltd - 2004-101
2004-101

Complaint under section 8(1)(a) of the Broadcasting Act 1989Breakfast – item about Government surplus – phrase “slush fund” used in reference to Government surplus – allegedly inaccurate and inappropriate as it suggested corruption on part of the GovernmentFindings Standard 5 (accuracy) – in context phrase is accepted colloquial expression to describe discretionary funds – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Breakfast on TV One 26 May 2004 dealt with the issue of the Government surplus and the 2004 budget process. The reporter referred to the surplus as a “slush fund. ” Complaint [2] Mike Frawley complained to Television New Zealand Ltd, the broadcaster, regarding the use of the term “slush fund. ” Mr Frawley, citing the Shorter Oxford Dictionary, said that the term “slush fund” raised perceptions of “bribery or illicit political activities....

Decisions
Blue Water Marine Research Ltd and New Zealand Big Game Fishing Council and CanWest TVWorks Ltd - 2004-223
2004-223

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item entitled “Fair Game” explored the question of whether fish feel pain – focussed on big game fishing – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – significant viewpoints presented – not upheld Standard 5 (accuracy) – item was not inaccurate on points of fact – not upheld Standard 6 (fairness) – not unfair to deep-sea fishermen – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7. 30pm on 18 October 2004, was entitled “Fair Game” and explored the question of whether fish feel pain. The item centred on big game fishing and the introduction said: Bullfighting, cock fighting, bear baiting. Some cultures have delighted in prolonging the torment of animals, under the guise of some sort of noble contest....

Decisions
Stringer and CanWest RadioWorks Ltd - 2006-088
2006-088

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live talkback – complainant strongly criticised the host’s approach in an interview with Georgina te Heuheu MP – after some two minutes of uninterrupted comment, the host cut off caller and, while declining to identify her, said that she had her own agendas and that she shouldn’t ring because it wasn’t appropriate for her to call talkback – broadcaster’s approach allegedly unbalanced, unfair and inaccurateFindingsPrinciple 4 (balance) – complainant’s criticism of host and host’s criticism of complainant were not controversial issues of public importance - standard does not apply – not upheldPrinciple 5 (fairness) – host’s critical response to experienced caller’s criticisms in robust talkback environment not unfair – not upheldPrinciple 6 (accuracy) – standard does not apply as exchange was neither news nor current affairs – not upheldThis headnote does not form part of the decision....

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