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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-153 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster MORE FM AUCKLAND J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintAA complained that a Close Up item breached his privacy and was unfair to him by allowing his ex-wife and her father to allege that he was a wife-beater and a racist. The complainant said that Close Up had taken part in a "malicious attempt" to stop him being granted permanent residency in New Zealand. He said the item was also inaccurate, including allowing a high-ranking Immigration official to say that he had failed to declare a UK conviction for common assault on his immigration application. He provided a copy of his immigration application to show that he had declared the conviction before entering New Zealand. The Broadcaster's ResponseTVNZ said reasonable efforts had been made to get AA's side of the story, but AA had refused to be interviewed....

ComplaintOne News – item reported the issue of a safety advisory notice for an oil heater sold through the Warehouse – following item reported death of two girls in fire thought to have been caused by gas heater – complaint that items unbalanced, inaccurate and unfair Findings Standard 4 – each item balanced – not upheld Standard 5 – each item accurate – not upheld Standard 6 – juxtaposition of items created misleading impression – unfair – upheld No OrderThis headnote does not form part of the decision Summary [1] The issue of a safety advisory notice about the Brio Five Fin oil heater, sold through The Warehouse stores, was reported in an item broadcast on One News on 30 August 2003 beginning at 6. 00pm on TV One....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – episode devoted to controversy about Meningococcal B vaccine and immunisation campaign – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – a range of significant views advanced about a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies and not misleading – not upheld Standard 6 (fairness) – taking into account the format of programme, panel member Ron Law treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] The controversy about the Meningococcal B vaccine and the current immunisation campaign was dealt with during an entire episode of Close Up, broadcast on TV One at 7. 00pm on 14 July 2005. The item included interviews undertaken in Norway at the laboratory that developed the vaccine on which the New Zealand vaccine was based....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item followed up on three recent killings of Asian people – a Chinese woman stated in the item that she was carrying one thousand dollars in cash in her handbag and that it was part of Chinese culture to carry a lot of cash – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – clearly interviewee’s opinion – no suggestion that other interviews were suppressed – not misleading or inaccurate – not upheld Standard 6 (fairness) – interviews did not distort original events – item did not encourage discrimination – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]Radio Tarana reported on the Sanil Kumar Medical Fund, which had been set up for the treatment of a young Fijian-Indian man in New Zealand who had subsequently been deported to Fiji and died. There were allegations by the immediate family of Mr Kumar and others that the fund was being misused by its directors. The Authority declined to uphold a complaint that the broadcasts were unbalanced, inaccurate, unfair, denigrating and caused panic among the public. The broadcaster made reasonable efforts to provide balance and fairness, no inaccuracies could be identified, the discrimination and denigration standard was not applicable and the broadcasts were not presented irresponsibly....

Download a PDF of Decision No. 1991-006:Dewar and TV3 Network Services Ltd - 1991-006 PDF407. 29 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 42/94 Dated the 23rd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CASINO CONTROL AUTHORITY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-007 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHARMAC (Pharmaceutical Management Agency Ltd) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-001 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN McLEAN of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Summary[This summary does not form part of the decision. ]Morning Report contained two items about the Government’s proposal for a specific criminal charge for family violence. A number of family violence experts were interviewed, and the introduction to one of the items stated that ‘14 women, six men and 10 children’ are killed by family violence annually. The Authority upheld a complaint that this statistic was inaccurate because the broadcaster’s source was significantly outdated, and it was part of the introduction which framed the discussion. However, the Authority did not uphold the aspect of the accuracy complaint that the items were misleading because they implied that men are overwhelmingly the perpetrators and women almost always victims of family violence....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item on Turkey’s potential entry into the European Union – interview with London correspondent – comments allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – matters complained about were not the controversial issue of public importance under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) and guideline 6g (denigration) – item did not denigrate Turkish people – no other grounds of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] Tonight broadcast a three-part item on 4 October 2005 at 10. 30pm covering the possible entry of Turkey into the European Union (EU). The first part of the item was an introductory piece by the Tonight presenter which briefly outlined the outcome of a meeting in Luxembourg....

ComplaintInside New Zealand: The Hardest Decision – documentary – abortion –inaccurate statements – unbalanced – undermined New Zealand legislation FindingsStandard 2 and Guideline 2a – lawful standard maintained – no uphold Standard 4 – programme balanced – no upholdStandard 5 and Guidelines 5b, 5d & 5e – mixture of fact & opinion – accurate and impartial – no uphold This headnote does not form part of the decision. Summary [1] Inside New Zealand: The Hardest Decision was a documentary which followed three women while they made a decision about whether or not to have an abortion. Several other women, who had been through the same experience, were also interviewed on the programme. The documentary was broadcast on TV3 at 8. 30pm on 28 November 2002....

ComplaintNine to Noon – Ministry of Health official described as Deputy-Director of Clinical Services and “Disinformation” – unfair – inaccurate – unbalanced FindingsPrinciple 4 and Principle 5 – subsumed under Principle 6 Principle 6 – use of word “disinformation” unfair to Ministry and Deputy Director-General – upheld OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Dr Colin Feek, the Ministry of Health’s Deputy Director-General of Clinical Services, was interviewed on Nine to Noon, on National Radio on 10 June 2003 about an audit on the way hospitals treated patients with heart problems. At the conclusion of the interview, he was described as the Deputy Director-General of Clinical Services “and Disinformation”. [2] The Ministry of Health complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, unbalanced, and unfair to both the Ministry and Dr Feek....

Complaint under s. 8(1)(b) of the Broadcasting Act 1989 Complaints about two broadcasts on Radio Pacific (Mark Bennett talkback) – critical comments by host about Premier House function for actor Sir Ian McKellen – both broadcasts allegedly discriminatory – second broadcast allegedly unbalancedFindings Principle 7, Guideline 7a (discrimination) – comments did not encourage discrimination against homosexuals – not upheldPrinciple 4 (balance) – no controversial issue of public importance discussed in second broadcast – not upheld Broadcasting Act, s. 5(a) – proper procedure for dealing with complaints not followedThis headnote does not form part of the decision. Broadcast[1] On 2 December 2003 at about 3. 30pm, Radio Pacific talkback host Mark Bennett spoke critically about a reception for actor Sir Ian McKellen, which had been held at Premier House....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...