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Decisions
Shirtcliffe and Radio New Zealand Ltd - 2002-040
2002-040

Complaint Mana News – call for voters to vote for one mayoral candidate – unbalanced – encouraged discrimination against non-Maori – broadcaster upheld Principle 4 balance aspect – procedures revised to ensure longer period to vet Mana material Findings(1) Principle 7 – Guideline 7a – does not meet high threshold required for discrimination – no uphold - Guideline 7f – call to support candidate with understanding of Maori issues – not an advertisement for a specific candidate – no uphold (2) Action taken – appropriate in context of breach This headnote does not form part of the decision. Summary [1] Two interviewees in an item on Mana News encouraged Maori voters to vote for a named candidate in the Auckland mayoral election. The item was broadcast on National Radio at 5. 55pm on 27 September 2001....

Decisions
The Monarchist League of New Zealand Inc and Radio New Zealand Ltd - 2002-147
2002-147

ComplaintNational Radio – Insight – edited highlights of a panel discussion on republicanism and the Treaty of Waitangi – unbalanced – lack of editorial integrity FindingsPrinciple 4 – not a controversial issue – no uphold Principle 6 – not news or current affairs – no uphold This headnote does not form part of the decision. Summary [1] An Insight programme broadcast on National Radio on 3 June 2002, comprised edited highlights of a panel discussion on republicanism and the Treaty of Waitangi. [2] Dr Noel Cox, on behalf of The Monarchist League of New Zealand Inc, complained to Radio New Zealand Limited, the broadcaster, that the programme was unbalanced, its timing inappropriate, and it lacked editorial integrity....

Decisions
Hood and Television New Zealand Ltd - 2003-169
2003-169

Complaint under section 8(1)(a) of the Broadcasting Act 1989Edwards at Large – interview with complainant – interviewee ambushed into taking part – unfair, partial and unbalanced FindingsStandard 4 – interview not unbalanced – no upholdStandard 6 – complainant adequately informed of the reason for her contribution and the role expected of her – conduct of interview not unfair – no uphold This headnote does not form part of the decision Summary [1] Lynley Hood was interviewed by Brian Edwards on Edwards at Large about the content of her book “A City Possessed: the Christchurch Civic Crèche case”. The programme was broadcast on TV One at 9. 35pm on Saturday 16 August 2003. [2] Ms Hood complained to Television New Zealand Ltd, the broadcaster, that the item was neither balanced nor impartial and that she had been ambushed into participating in the interview....

Decisions
Wishart and Television New Zealand Ltd - 2005-059
2005-059

Complaint under section 8(1)(a) of the Broadcasting Act 1989Agenda – item dealt with interview of the Hon John Tamihere MP published in Investigate magazine – Mr Tamihere had later claimed that he did not know the interview was being recorded – item included extracts of interview with complainant, Ian Wishart, editor of Investigate, who spoke about recording process – item also discussed journalistic ethics as to when interviews are “on” or “off the record”, and the specific expectations of interviews with politicians – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – credibility of serving Member of Parliament and former Cabinet Minister is controversial issue of public importance – credibility issues raised and viewers left to decide – competing accounts presented – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision....

Decisions
Lawson and Television New Zealand Ltd - 2004-027
2004-027

ComplaintOne News – item reported public street marches opposing lifting of GE moratorium – unbalanced as it suggested opponents were militant and irrational and lacked scientific and economic sense Findings Standard 4 – item focused on depth of demonstrators’ concerns and Government’s response to those concerns – not unbalanced – not upheldThis headnote does not form part of the decision Summary [1] Marches in Auckland, Wellington and Christchurch protesting the forthcoming lifting of the moratorium on GE field experiments were dealt with in an item on One News, broadcast on TV One on 11 October 2003 beginning at 6. 00pm. The item focused on events in Auckland. [2] John Lawson complained to Television New Zealand Ltd, the broadcaster that the item was unbalanced as it suggested the anti GE movement consisted of militants and irrational people who had no scientific or economic sense....

Decisions
Chan and TVWorks Ltd - 2011-170
2011-170

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Decisions
Stafford and Television New Zealand Ltd - 2001-106
2001-106

ComplaintHolmes – canal development in Whitianga – ministerial order to start again the consents process – angry reaction among residents – no comment from Minister – unbalanced FindingsStandard G6 – balance achieved throughout item – no uphold This headnote does not form part of the decision. Summary The angry reaction in Whitianga to the Conversation Minister’s order to consider again aspects of the consents process for the proposed canal development in the town, was covered in an item on Holmes broadcast on TV One at 7. 00pm on 16 May 2001. Dorothy Stafford complained to Television New Zealand Ltd, the broadcaster, that as the purpose of the item was to condemn the delay, it had suggested that the project had been terminated and had given only cursory treatment of the legal reasons that required the Minister to take action. Accordingly, she wrote, the item was unbalanced....

Decisions
Blanch and Shapiro and RadioWorks Ltd - 2012-072
2012-072

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Decisions
Smith and Television New Zealand Ltd - 2012-130
2012-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Keep Calm and Carry On – reality series about host’s experience of new motherhood contained brief mention of ‘The Unfortunate Experiment’ – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – programme focused on Jaquie Brown and her experience of new motherhood – reference to ‘The Unfortunate Experiment’ was brief and peripheral to the focus of the programme – programme did not contain a “discussion” of that issue so was not required to present alternative viewpoints – not upheld Standard 5 (accuracy) – statements summarised the findings of the Cartwright Inquiry into ‘The Unfortunate Experiment’ and were not material to the focus of the programme – not upheld Standard 6 (fairness) – complainant did not specify who she considered had been treated unfairly – no person or organisation taking part or referred to in the programme…...

Decisions
Trussell and Radio New Zealand Ltd - 2012-075
2012-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – host interviewed professor about his creative writing course, writers and the writing community in general – professor made comments about New Zealand poets – allegedly in breach in of controversial issues, accuracy and fairness standards FindingsStandard 5 (accuracy) – this episode of “Ideas” was not “factual programming” to which the standard applied – in any event professor’s comments amounted to his personal opinion and were therefore exempt from standards of accuracy under guideline 5a – programme was not inaccurate or misleading – not upheld Standard 4 (controversial issues) – comments did not form part of a “factual programme” to which Standard 4 applied – not upheld Standard 6 (fairness) – standard only applies to individuals and organisations – does not apply to people who are deceased, or to a “generation of poets” – not upheld This headnote does not form…...

Decisions
McDonald and Television New Zealand Ltd - 1993-080
1993-080

Download a PDF of Decision No. 1993-080:McDonald and Television New Zealand Ltd - 1993-080 PDF332. 98 KB...

Decisions
Sharp and Television New Zealand Ltd - 1992-024
1992-024

Download a PDF of Decision No. 1992-024:Sharp and Television New Zealand Ltd - 1992-024 PDF337. 02 KB...

Decisions
Garbutt and Radio New Zealand Ltd - 1992-077
1992-077

Download a PDF of Decision No. 1992-077:Garbutt and Radio New Zealand Ltd - 1992-077 PDF336. 54 KB...

Decisions
Sharp and TV3 Network Services Ltd - 1993-039
1993-039

Download a PDF of Decision No. 1993-039:Sharp and TV3 Network Services Ltd - 1993-039 PDF317. 17 KB...

Decisions
Popa and MediaWorks TV Ltd - 2014-095
2014-095

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Decisions
Smits and Television New Zealand Ltd - 1998-005, 1998-006
1998-005–006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-005 Decision No: 1998-006 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
X and TV3 Network Services Ltd - 1998-053
1998-053

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-053 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT X of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Prime Minister (Rt Hon Helen Clark) and 6 Others and TV3 Network Services Ltd - 2003-055–061
2003-055–061

An appeal against this decision was dismissed in the High Court: CIV 2003-485-1655 & 1816 PDF18....

Decisions
Royal Australasian College of Surgeons and HealthCare Otago and TV3 Network Services Ltd - 1996-106, 1996-107, 1996-108, 1996-109
1996-106–109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-106 Decision No: 1996-107 Decision No: 1996-108 Decision No: 1996-109 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ROYAL AUSTRALASIAN COLLEGE OF SURGEONS (2) and HEALTHCARE OTAGO (2) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Weir and TV3 Network Services Ltd - 2001-032
2001-032

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

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