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Decisions
Pemberton and Discovery NZ Ltd - 2023-034 (14 June 2023)
2023-034

The Authority has declined to determine an accuracy complaint about a news item referring to ‘Cyclone Gabrielle’ when, at the relevant time, it was a sub-tropical low. Given the sub-tropical low remained an extreme weather event, the Authority considered the complaint was trivial and did not warrant determination. Declined to determine (section 11(a) of the Broadcasting Act 1989 – trivial): Accuracy...

Decisions
Appleyard and NZME Radio Ltd - 2023-071 (20 November 2023)
2023-071

The Authority has upheld a complaint that it was inaccurate for the host of The Mike Hosking Breakfast to state, responding to listener feedback asking whether ‘striking teachers do all this on full pay’: ‘Well of course they do! …people who go on strike have always been on full pay. They're supported by the unions. ’ The Authority found: the statement was materially inaccurate in the context of the broadcast; text messages read out later in the programme commenting on the pay situation for teachers on rolling strikes as opposed to full strikes did not serve as a correction to Hosking’s earlier inaccuracy; and the broadcaster did not make reasonable efforts to ensure accuracy. The Authority found publication of the decision was sufficient to notify the breach of the accuracy standard and provide guidance to broadcasters, and no further orders were necessary. Upheld: Accuracy No Order...

Decisions
Daly and Radio New Zealand Ltd - 2024-052 (14 October 2024)
2024-052

The Authority has not upheld a complaint that a broadcast of Morning Report breached the accuracy standard through its reporting on research conducted by the New Zealand Institute of Economic Research. The research indicated ‘At Level 1, among teachers who at least had attempted to gain credits in any of English, maths or science, significant percentages failed to gain an Achieved level endorsement (the NCEA equivalent of a subject pass). ’ The complainant considered the broadcast misleadingly implied an alarming number of primary teachers were unqualified to be teaching these subjects, by failing to make clear that further study was needed to qualify as a primary school teacher, or that an Achieved level endorsement at Level 1 is an optional award....

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
Werry and Radio New Zealand Ltd - 2004-132
2004-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – interview with a grandmother campaigning against prescription of the drug Ritalin – grandmother not medically qualified made allegedly inaccurate statements – item allegedly unbalanced and unfair as it failed to present expert medical opinionFindings Principle 4 (balance) – personal perspective – balanced mainstream view – not upheld Principle 5 (fairness) – not relevant – not upheld Principle 6 (accuracy) – mixture of fact and opinion – not upheld Principle 6 (accuracy) – Authority unable to establish number of people being prescribed Ritalin in New Zealand – decline to determine This headnote does not form part of the decision....

Decisions
Powell and Radio New Zealand Ltd - 2002-146
2002-146

ComplaintInsight – item on issues facing foreign students in New Zealand – allegation of rape by student in home-stay situation – no evidence presented to substantiate allegation – inaccurate FindingsPrinciple 6 – participants' contribution – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 12 May 2002 considered some of the issues facing overseas students living in New Zealand, including the implications on the export education industry for this country. The programme included a claim that a student had been raped while living in a home-stay situation. [2] Robin Powell complained to Radio New Zealand Limited, the broadcaster, that the claim of rape by the student had not been substantiated, and it was therefore irresponsible to have broadcast such a claim....

Decisions
Beckett and Radio New Zealand Ltd - 2010-181
2010-181

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....

Decisions
Shore and Television New Zealand Ltd - 2017-064 (16 November 2017)
2017-064

Summary[This summary does not form part of the decision. ]During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech. ’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy  Introduction[1] During a sports news segment on Breakfast, the sports presenter discussed American golfer Jordan Spieth’s victory at the British Open Championship....

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Towl and RadioWorks Ltd - 2009-136
2009-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Decisions
Richards and Television New Zealand Ltd - 2008-052
2008-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Naqvi and The Radio Network Ltd - 2008-142
2008-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Decisions
Tomonaga and CanWest TVWorks Ltd - 2007-081
2007-081

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA teenager who was reported in a 3 News item as “believed” to have died in a Christchurch house fire (which killed her father, her father’s wife, her grandmother and a boarder), complained that the item was inaccurate, and had “shocked, upset and angered” many of those who knew her. She claimed the item was also unfair, and breached her father’s privacy as well as her own. The Broadcaster’s ResponseCanWest argued that the item was accurate because the report said the identities of the four dead were “believed to be 58-year-old Japanese immigrant Junichi Tomonaga and his wife, his teenage daughter and his mother or mother-in-law”....

Decisions
Moshims Discount House Ltd and Apna Networks Ltd - 2009-048
2009-048

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

Decisions
Corin and Television New Zealand Ltd - 2004-169
2004-169

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

Decisions
Mallard and 3 Others and Television New Zealand Ltd - 1994-127–1994-130
1994-127–130

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Wellington Palestine Group and Radio New Zealand - 1995-052
1995-052

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 52/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
Carstensen and Discovery NZ Ltd - 2022-090 (26 October 2022)
2022-090

A segment on The Project reported on ‘hateful attacks’ occurring during Pride month, including claims of discrimination at Bethlehem College (and the Ministry of Education’s announcement it will investigate the issue) and the burning down of a Rainbow Youth centre in Tauranga. The segment included an interview with a rainbow activist who considered ‘extremist Christians’ had burnt the centre down. The presenters discussed the issue following the report and noted they hoped the investigation would bring about ‘some change in a place that really needs it. ’ The complainant considered the segment breached various standards as the cause of the fire was under investigation at the time of the broadcast, and the College was portrayed unfairly. The Authority did not uphold the complaint, finding the relevant comments did not reach the high threshold justifying a restriction on freedom of expression....

Decisions
Erickson & Smith and Television New Zealand Ltd - 2022-128 (7 March 2023)
2022-128

The Authority has not upheld two complaints relating to a news item reporting on ANZ increasing mortgage interest rates, which showed a brief exchange between National Party Finance Spokesperson Nicola Willis and Finance Minister Hon Grant Robertson during Question Time in Parliament. The complainants alleged the broadcast breached the accuracy and fairness standards as the broadcaster edited the footage of Robertson’s response to Willis’s question to make him seem unsympathetic and evasive. The Authority found the way in which the broadcast was edited was not likely to give the impression that Robertson did not fully address Willis’s question, and that Robertson was not treated unfairly. Not Upheld: Accuracy, Fairness...

Decisions
Ellis and Radio New Zealand Ltd - 2023-083 (29 November 2023)
2023-083

The Authority has not upheld a complaint that comments made by a political panellist on Nine to Noon, including that National Party public meetings were ‘full of angry racists saying angry racist things’ breached broadcasting standards. While the Authority acknowledged the statement was inflammatory, it found the statements were hyperbole and political comment and opinion, and they were challenged immediately by another panellist – meaning listeners were unlikely to be misled, and given sufficient viewpoints to form their own opinions. Not Upheld: Accuracy, Balance...

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