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Decisions
Minister of Health (Hon Annette King) and Television New Zealand Ltd - 2004-156
2004-156

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News – item reported that Plunketline telephone service to be replaced by broader Healthline service – Minister of Health questioned on whether her support for Healthline was consistent with election pledge in 1999 to support Plunketline – allegedly unbalanced and interview edited unfairly Findings Standard 4 (balance) – item omitted Minister’s explanation for the change of her political point of view – unbalanced – upheld Standard 6 (fairness) – item omitted Minister’s comment on central issue – unfair – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast [1] The replacement of Plunketline, a telephone service for caregivers, with a broader Healthline telephone service was dealt with in an item broadcast on One News beginning at 6. 00pm on TV One on 7 July 2004....

Decisions
Hulst and Radio New Zealand Ltd - 2003-024
2003-024

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

Decisions
Clarke and NZME Radio Ltd - 2021-120 (1 December 2021)
2021-120

The Authority has not upheld a complaint about comments by Kate Hawkesby regarding Director-General of Health Dr Ashley Bloomfield. Hawkesby made several comments about Dr Bloomfield, alleging he has underperformed in the response to the COVID-19 pandemic. The Authority found the fairness standard was not breached as the comments were distinguishable as the opinion of the presenter and they did not result in Dr Bloomfield being treated unfairly. Given Dr Bloomfield’s high-profile position, he can reasonably expect to be the subject of robust commentary. Not Upheld: Fairness  ...

Decisions
Drinnan and MediaWorks TV Ltd - 2020-100 (14 September 2020)
2020-100

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

Decisions
Cape and MediaWorks TV Ltd - 2018-018 (21 May 2018)
2018-018

Summary[This summary does not form part of the decision. ]The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed....

Decisions
HS and MediaWorks Radio Ltd - 2019-112 (27 May 2020)
2019-112

The Authority has not upheld a complaint that the action taken by MediaWorks in response to a breach of the fairness standard during a segment of Jay-Jay, Flynny and Jase Driving You Home was insufficient. The segment featured host Flynny telling a story about an ‘embalmer’ who had embalmed their cat after it passed away. The Authority agreed that the complainant was unfairly treated by the broadcaster in breach of the fairness standard. However, the Authority found the action taken by the broadcaster, which included a direct apology to the complainant, and counselling of the hosts concerned, was proportionate to the breach. The Authority also found that the broadcast was unlikely to cause widespread undue offence or distress and that the complainant’s privacy was not breached as they were not identifiable in the broadcast. Not Upheld: Fairness (Action Taken), Good Taste and Decency, Privacy...

Decisions
DowElanco (NZ) Ltd and Television New Zealand Ltd - 1996-064
1996-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-064 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOWELANCO (NZ) LIMITED of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Keane and Television New Zealand Ltd - 2010-082
2010-082

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

Decisions
Reekie and Television New Zealand Ltd - 2009-111
2009-111

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Decisions
Attorney General of Samoa and TVWorks Ltd - 2010-188
2010-188

An appeal against this decision was dismissed in the High Court: CIV-2011-485-1110 PDF1. 92 MBMary Anne Shanahan declared a conflict of interest and did not take part in the determination of this complaint. Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item and follow-up item questioned “Where has all the aid money gone?...

Decisions
Clancy and Television New Zealand Ltd - 2008-042
2008-042

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters had several light-hearted discussions about the Pope – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – presenters did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenters’ comments distinguishable from points of fact – not upheld Standard 6 (fairness) – programme did not denigrate the Pope or Catholics – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Breakfast, broadcast on TV One at 7am on Tuesday 26 February 2008, the presenters, Paul Henry and Pippa Wetzell, and the newsreader, Peter Williams, had a jovial discussion about the current Pope and what he had been doing recently....

Decisions
Department of Conservation and Radio Pacific Ltd - 2000-002
2000-002

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Decisions
New Zealand Police and Television New Zealand Ltd - 1992-104
1992-104

Download a PDF of Decision No. 1992-104:New Zealand Police and Television New Zealand Ltd - 1992-104 PDF2. 21 MB...

Decisions
Allen and MediaWorks TV Ltd - 2014-106
2014-106

Summary [This summary does not form part of the decision. ] In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading Programmes Introduction [1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

Decisions
Malcolm and Others and Television New Zealand Ltd - 1994-068
1994-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDWARD MALCOLM and OTHERS of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Decisions
Pietersma and Television New Zealand Ltd - 1997-079
1997-079

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-079 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TRINA PIETERSMA of Taupo Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Criminal Bar Association of New Zealand Inc and TV3 Network Services Ltd - 1997-128, 1997-129
1997-128–129

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-128 Decision No: 1997-129 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CRIMINAL BAR ASSOCIATION of NEW ZEALAND INC Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

Decisions
Commissioner for Children and 7 Others and Television New Zealand Ltd - 1999-093–1999-101
1999-093–101

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

Decisions
Bolot and Television New Zealand Ltd - 2010-149
2010-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
CG and Television New Zealand Ltd - 2013-082
2013-082

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

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