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Complaint60 Minutes – correlation between a particular milk protein and childhood diabetes and heart disease – unbalanced coverage of controversial topic – inaccurate FindingsSection4(1)(d) – soy milk not an aspect of item – omission of reference to soy milk did not result in lack of balance – no uphold This headnote does not form part of the decision. Summary A rare protein found in cow’s milk was implicated as being a factor in heart disease and childhood diabetes according to an item on 60 Minutes broadcast on 12 November on TV One beginning at 7. 30pm. Mr R F James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced because it omitted to discuss the causal relationship between soy protein and the development of childhood diabetes....

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

ComplaintOne News – item reported survey of teenagers’ attitudes – suggested amongst other things trend to drugs away from alcohol and disrespect for New Zealand Flag and Anthem – inaccurate – biased FindingsStandard G1 – not inaccurate – no uphold Standard G5 – no disrespect for principles of law – no uphold Standard G6 – not unfair or unbalanced – no uphold This headnote does not form part of the decision. Summary [1] The findings of a survey of teenagers were reported in an item on One News broadcast on TV One at 6. 00pm on 29 October 2001. Among the findings were changes in attitudes to drugs, the National Anthem and the New Zealand Flag. [2] Kenneth Lord complained to Television New Zealand Ltd, the broadcaster, that the findings were biased and amounted to propaganda....

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-125 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 91/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTHLAND FUEL INJECTION LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Summary A car buyer, disappointed with his purchase from a car dealer, was the subject of an item on Fair Go broadcast on TV One on 9 September 1998. It was reported that the vehicle he had agreed to purchase had been involved in a serious accident in France, and that the rebuilt vehicle did not meet New Zealand safety standards. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that he and his company were unfairly treated on the programme and that it lacked balance. In particular, he complained that the programme’s implication that it had been agreed that the vehicle would meet original specifications was a gross misrepresentation of the facts. He also complained about the fact that he was identified as being the person responsible for the sale, when he had merely facilitated a negotiation....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on National Party leader John Key's "state of the nation" speech – included responses from community groups and the Prime Minister – allegedly unbalanced FindingsStandard 4 (balance) – reasonable efforts made to present significant viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News , broadcast on TV One at 6pm on 30 January 2007, reported on the "state of the nation" speech by National Party leader, John Key. It showed parts of Mr Key's speech and also contained a short excerpt from a speech by the Prime Minister, Helen Clark, in which she disputed Mr Key's assertion that there was a "growing underclass" in New Zealand. [2] The One News political editor commented that Mr Key's speech had not contained "a lot of real concrete solutions"....

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....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a church’s campaign to stop the use of “Jesus” as a swear word – “Jesus” and “Christ” repeated a number of times as examples of the language complained about – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – used as an expression of dismay and surprise – accepted colloquial use – not upheld Standard 4 (balance) – subsumed Standard 6 (fairness) – Pastor Driscoll treated fairly in the item – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7pm on TV One on 12 October 2005 reported that the Rangiora New Life Church had launched a campaign to stop the use of “Jesus” as a swear word....

Complaint referred back to the Authority by the High Court for reconsiderationAuthority’s decision to uphold Standard 4 aspect of Mr Owen’s complaint (2003-055/061) referred back to the Authority by the High Court on appeal by TV3 – High Court ruled that the Authority gave TV3 insufficient opportunity to make submissions on the way in which the Authority formulated Mr Owen’s complaint Findings on Reconsideration TV3’s new material on government accountability considered under Standard 4 – earlier finding confirmed and complaint again upheld This headnote does not form part of the decision. Broadcast [1] Allegations that the Government had been aware of the distribution of genetically modified (GM) corn, made in a book “Seeds of Distrust” published on 10 July 2002, were the subject of a 3 News Special programme broadcast on TV3 between 7. 00pm and 7. 30pm on that day....

ComplaintOne News – in view of low water levels, news item about the exposure of ships sunk in River Danube in Second World War – estimated up to 2000 bodies in the river – reference to Nazi navy – unbalanced – inaccurate – unfair FindingsStandard 2 – not relevant – no uphold Standard 4 – not unbalanced – no upholdStandard 5 – unable to establish facts – decline to determine Standard 6 not unfair – no uphold This headnote does not form part of the decision. Summary [1] The extremely low levels of the River Danube in Serbia had resulted in the exposure of a number of German Navy ships from the Second World War which had been scuttled as the Nazis withdrew. It was reported that up to 2000 people on the ships had been drowned when the ships were scuttled....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item profiling the Destiny Church and its pastor – interviews with the pastor, former members of the Church, a university lecturer and the director of Cultwatch – allegedly unbalanced and unfair to the Destiny ChurchFindingsStandard 4 (balance) – sufficient opportunity given to the Church and its pastor to present its views on the controversial issues – not upheld Standard 6 (fairness) – Church given opportunity to respond to issues raised – not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Sunday shown on TV One at 7. 30pm on 3 October 2004 profiled the Destiny Church and its leader, Pastor Brian Tamaki. The segment gave background information about the church and its recent march to Parliament protesting the Civil Union Bill....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item about the Commerce Commission's prosecution of a man and his company Probitas, who were marketing a fertiliser system – allegedly unbalanced, inaccurate, unfair Findings Standard 4 (balance) – programme failed to provide viewers with a significant perspective which was critical to their understanding of the issues – upheld Standard 5 (accuracy) – no inaccurate statements of fact – not upheld Standard 6 (fairness) – promo – not unfair to expert witness – promo was a fair reflection of interview with the Commission's representative – not upheld Standard 6 (fairness) – programme – did not fairly present the Commission's side of the story – unfair to the Commission – upheld Orders Section 13(1)(a) – broadcast of a statementSection 16(1) – payment of costs to the complainant $2182....

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

SummaryThe sum of $90 million had been granted by the government to start a Maori television station, reported the breakfast host of the talkback session broadcast on Radio Pacific between 6. 00–9. 00am on 20 May 1998. He referred to this figure on a number of occasions even when advised by a guest, the Opposition Spokesperson on Broadcasting, that the correct figure was $19 million. Ms Thompson complained to Radio Pacific Ltd that the broadcast was inaccurate, unbalanced, deceptive and failed to respect the principles of partnership between Maori and Pakeha. Explaining that the host was confused between the figure given for the Maori television station and the public broadcasting fee, Radio Pacific upheld the complaint about inaccuracy. It apologised and offered to broadcast an explanatory statement. It declined to uphold any other aspect of the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalancedFindingsStandard 4 (balance) – programme did not question CYFS’ general policy of removing foster children who had been smacked by their foster parents – wider issue about acceptability of smacking was not the controversial issue discussed in the item – reconstructions of vandalism a matter of fairness, not balance – not upheldThis headnote does not form part of the decision. Broadcast [1] Sunday, broadcast on TV One at 7....