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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-050 Decision No: 1998-051 Decision No: 1998-052 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The dissatisfactions expressed by a number of students at the New Zealand Film and Television School in Christchurch were examined in items broadcast on Holmes on 15 and 16 December 1998. A follow-up item was broadcast on Holmes on TV One between 7. 00–7. 30pm on 12 April 1999. The Managing Director of the New Zealand Film and Television School Ltd (Ms Marilyn Hudson) complained to Television New Zealand Ltd that the April item was unfair and unbalanced, and inaccurate in a number of respects. TVNZ considered that one aspect of the item was unfair, and in breach of the standards, as Ms Hudson was not advised that a telephone conversation between herself and a student, contained in the broadcast, was being recorded. It declined to uphold any other aspect of the complaint relating to the alleged inaccuracies or lack of balance....

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 (CanWest) except for the purpose of orders. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – news item referring to previous evening's TV3 programme entitled Let Us Spray – discussed a serum study investigating exposure to dioxins among residents of Paritutu – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – subsumed into consideration of Standards 5 and 6Standard 5 (accuracy) – three inaccurate statements – upheldStandard 6 (fairness) – unfair to ESR – upheldOrdersSection 13(1)(a) – broadcast statement Section 16(1) – costs to ESR $3,000 Section 16(4) – costs to the Crown $2,500This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 64/94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

The Authority has not upheld a complaint that it was inaccurate and unfair to describe WikiLeaks as a ‘hacktivist’ organisation during a RNZ news bulletin reporting on a rise in hacktivism, and how hacktivists often work together with cyber-criminal groups. The Authority found that the term being used to describe Wikileaks was not a material inaccuracy, given WikiLeaks’ role in the hacktivist ‘ecosystem’. The Authority further found the report was not unfair to WikiLeaks or its founder. Not Upheld: Accuracy, Fairness...

The Authority1 has not upheld a complaint under the balance and accuracy standards relating to an interview on Breakfast about Government plans to reverse a ban on live exports. The complainant argued live export footage used in the segment contributed to a lack of balance, was misleading and would lead viewers to believe it depicted New Zealand cattle in distress. The balance standard was not breached given the interview was signalled as approaching the issue from a particular perspective, the audience could be expected to be aware of other viewpoints from other media, and the host had challenged the interviewee and referenced Government policy. The Authority found viewers were unlikely to assume the footage depicted New Zealand cattle and, in any event, if it had misled viewers on that point, it was not materially misleading because it would not significantly affect the audience’s understanding of the programme....

The Authority has not upheld a complaint alleging an RNZ National news bulletin addressing airstrikes in Lebanon breached the balance, accuracy and fairness standards, including by failing to provide context for the airstrikes. The Authority found the broadcast was a simple report on events rather than a ‘discussion’ of issues to which the balance standard might apply. It found listeners were unlikely to get a misleading impression of events from the report and the fairness standard did not apply. Not Upheld: Balance, Accuracy, Fairness...

The Authority has not upheld two complaints relating to a news item on Nicola Willis MP being appointed the National Party’s Finance Spokesperson. The complaints alleged the broadcast breached the accuracy and balance standards as it omitted the Speaker’s intervention of Willis’s questions to the Finance Minister during Question Time, allegedly leading viewers to believe the questions were delivered seamlessly and without fault. The Authority found the accuracy standard was not breached as the broadcast was materially accurate, and the balance standard did not apply, as the questions did not reflect a controversial issue of public importance. Not Upheld: Accuracy, Balance...

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...

The Authority has declined to determine a complaint alleging a brief news bulletin on Radio New Zealand’s RNZ Concert breached the balance and accuracy standards in reporting statements by US Vice President JD Vance. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preference regarding matters of editorial discretion and the complainant’s concerns about accuracy derived from a misinterpretation of the bulletin.   Declined to Determine (s 11(b) of the Broadcasting Act 1989 - in all circumstances): Balance, Accuracy...

The Authority has not upheld a complaint about a Radio New Zealand report which indicated a run of hot days in Hamilton was probably unprecedented. The complainant provided records from the 1930s, suggesting Hamilton had previously experienced a heatwave of greater duration and intensity. He argued the broadcast was inaccurate and, when notified of the previous heatwave, RNZ had taken insufficient actions to correct any misleading impressions. The Authority found the statements complained about were analysis, comment or opinion to which the standard does not apply and, in any event, did not result in the broadcast being misleading. Not Upheld: Accuracy...

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld a complaint that an episode of Country House Hunters New Zealand breached the accuracy standard. In the episode, the host showed a couple around three houses in Greytown, each of which had ‘for sale’ signs on their fences indicating they were for sale through a particular real estate agency. The complainant considered it was misleading that the broadcaster did not disclose two of the houses were actually ‘off-market’ sales, and citing values for these houses would have given viewers an inflated impression of the market value of the houses, and the Greytown property market generally....

The Authority has declined to determine aspects, and not upheld the remainder of a complaint concerning a talkback call regarding vaccine mandates. The complainant had contacted the station and spoke about her son’s issues re-enrolling at university due to his COVID-19 vaccination status. The complainant alleged the broadcast breached the balance, accuracy and fairness standards as the host did not accept the complainant’s statements concerning the COVID-19 vaccine and related mandates, and prematurely ended the call with the complainant. The Authority declined to determine the complaint under the balance and accuracy standards as the complainant’s concerns have been recently determined in other decisions. The Authority did not uphold the fairness complaint, finding the complainant was not treated unfairly and in any case it was an editorial choice open to the broadcaster to end the call....

The Authority has declined to determine a complaint under the good taste and decency, children’s interests and accuracy standards, about a fictional character’s description of milk in an episode of Saturday Storytime. The Authority declined to determine the complaint on the basis it was trivial and did not raise any issues of broadcasting standards at a level which warranted consideration. Declined to Determine: Good Taste and Decency, Children’s Interests, Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

The Authority has not upheld a complaint that a Breakfast segment breached the accuracy standard through its reporting on a study by RMIT and Monash Universities. The study found low carbohydrate diets may increase a person’s risk of developing type two diabetes by 20% because people often replace the carbohydrates with unhealthy fats. The complainant considered statements in the broadcast that low carbohydrate diets can increase the risk of developing type two diabetes were wrong and misleading; that the programme inappropriately pushed whole grains and fruit as a better choice compared to healthy fats, red meat, and dairy; and the researcher’s comments regarding the Atkins diet and the results of the study were unreliable. The Authority found the relevant statements would not have misled viewers in the context and it was reasonable for TVNZ to rely on the accuracy of the study and the researcher’s comments. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘Selling Ourselves Short’, focused on the topic of New Zealand’s economy, comparing our standard of living today with the 1960s-70s. The episode examined some of New Zealand’s traditional and upcoming export industries, such as dairy farming, forestry, pharmaceuticals, technology and fashion, and featured interviews with farmers, business owners, economists and academics. At the beginning of the episode, Mr Latta stated, ‘We’re rated as one of the best places in the world to do business and we’re not corrupt. ’ The Authority did not uphold a complaint that Mr Latta’s statement was inaccurate and that the episode was unbalanced because it did not address New Zealand’s ‘extensive corruption’ as a reason for our underperforming economy....

Summary[This summary does not form part of the decision. ]The Authority upheld a complaint under the accuracy standard about an item on 1 News, which discussed the Auckland Council’s vote on the draft proposal for the Auckland Regional Fuel Tax (the Tax). The Authority found the segment, through the omission of key information about the ongoing consultation and the presenter’s use of the terms ‘green light’ and ‘done deal’, was likely to mislead viewers into thinking the proposal voted on by the Council was final and that there was no further period of public consultation. The importance of keeping audiences informed on issues of public and political significance was emphasised by the Authority....