Search Rapua

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on two National MPs and whether they supported the National Party’s stance on global warming – included footage of a reporter asking the MPs whether they believed in global warming – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item was not about global warming – item looked at whether the personal views of two National MPs regarding climate change were consistent with their party’s stance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – reporter asked legitimate questions in a professional manner – MPs treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on Hone Harawira’s travel expenses – stated that he “racked up a $35,000 travel bill. . . that’s almost $4000 more than the Māori Party’s total travel bill” – allegedly inaccurate and unfair to Mr Harawira FindingsStandard 5 (accuracy) – comparison based on Parliamentary Service expenditure only – failed to mention that Māori Party MPs also received funds from Ministerial Services – created misleading impression that Mr Harawira spent more than the entire Māori Party on travel – upheld Standard 6 (fairness) – Hone Harawira is a political figure who should expect robust criticism – not unfair – not upheldNo Order This headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast at 6pm on Thursday 28 April 2011, reported on MP Hone Harawira’s travel expenses....

ComplaintHavoc and Newsboy’s Sellout Tour – The Victory Lap – complainant shown blindfolded opening oysters at Bluff Seafood Festival – comments from Newsboy suggested he was drunk or had been taking drugs – inaccurate – unfair – defamatory FindingsStandard 6 – satirical series – festival and activities lampooned – complainant identifiable – reputation as oyster shucker not impugned – not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Richard Lee Kahukura was featured opening oysters while blindfolded at the Bluff Seafood Festival in an episode of the satirical series Havoc and Newsboy’s Sellout Tour – The Victory Lap broadcast on TV2 at 10. 00pm on 9 July 2002. [2] Mr Kahukura complained to Television New Zealand Ltd, the broadcaster, that the comments during the broadcast made by Newsboy, suggesting that he was drunk and drugged, were inaccurate, unfair, and defamatory....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....

Summary[This summary does not form part of the decision. ]A complaint about a Newshub item in which the presenter commented, ‘And I thought the only reason we watch Aussie Rules [AFL] was for the short shorts’, has not been upheld by the Authority. The Authority found that the comment, while inappropriate, did not reach the threshold to be considered a serious violation of community norms of good taste and decency. The Authority acknowledged the importance of contextual factors in considering whether the standards have been breached, including the nature of Newshub as an unclassified news programme and audience expectations of the broadcast. The Authority recognised that the statement was not made with malice or nastiness and found the comment did not breach the discrimination and denigration, balance or fairness standards....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on the stories of two families (A and B) and their experiences with The Welcome Home Foundation (now called the Home Funding Group) (together, HFG). Both families claimed that they lost money through their involvement with HFG, which provided financial support and the ability to hold money ‘on trust’ towards a deposit for a home. The Authority did not uphold a complaint from the director of HFG, Luke Atkins, that the broadcast breached the accuracy, fairness and balance standards. While one aspect of the item was found to be inaccurate by the broadcaster, the Authority found that the action taken in the circumstances was sufficient....

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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sex and Lies in Cambodia – documentary about New Zealand man jailed in Cambodia for the rape of five teenage girls – interviewed a Swiss man who was assisting with the case and who had been accused but acquitted of similar crimes – filmed man with a hidden camera – allegedly in breach of privacy and unfairFindings Standard 3 (privacy) and privacy principle 3 – broadcast of hidden camera footage in breach of privacy principle 3 – no public interest in the footage – upheldStandard 6 (fairness) – man treated unfairly by broadcast of hidden camera footage – upheldOrder Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $500 Section 16(4) – payment of costs to the Crown $5,000. 00 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News, Nightline and Campbell Live – items looked at issues surrounding David Benson-Pope’s seeking re-election for the constituency of Dunedin South – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to complainant – not upheld Standard 4 (balance) – subsumed into consideration of Standard 6 Standard 1 (good taste and decency) – vox-pop was acceptable in the context of an unclassified news programme – not upheld (This headnote does not form part of the decision. ) Broadcasts [1] A report on 3 News by its political editor Duncan Garner entitled “Seeking Re-Election”, was broadcast on TV3 at 6pm on 23 October 2007....

SummaryThe involvement of the Prime Minister’s staff with Timberlands was the subject of news items on One Network News broadcast on 17, 18 and 19 August 1999 beginning at 6. 00pm, an item on Breakfast on 18 August beginning at 7. 00am, and an item on Holmes on 18 August beginning at 7. 00pm. It was reported that although Mrs Shipley had denied such involvement with the company after she became Prime Minister, papers released that day indicated otherwise. Hon David Carter, Associate Minister of Food, Fibre, Biosecurity and Border Control complained to Television New Zealand Ltd, the broadcaster, that the 18 August report was inaccurate, unfair and unbalanced. He pointed out first that Mrs Shipley had not denied that her staff had been involved with Timberlands since she had become Prime Minister....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – consumer affairs programme – hidden camera footage showing check-in procedures at four airlines – reporter commented that Qantas attendant had shown “incredibly unprofessional customer service” – allegedly unfair and a breach of privacy Findings Standard 3 (privacy) – no private or public facts disclosed – complainant had no interest in solitude or seclusion – not upheld Standard 6 (fairness) – broadcast of hidden camera footage not unfair when individual filmed in a public place in an employment situation interacting with member of the public, and where footage fairly represents what occurred – complainant unnecessarily identified, but overall not treated unfairly – no humiliation – editing of programme and presenter’s comments were fair – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – segment looked at an upcoming documentary called “How to Spot a Cult” – included an interview with an expert on religion and cults, Dr Dennis Green – comments made about Destiny Church and other religious groups – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item did not involve a “discussion” of a controversial issue of public importance as envisaged by the standard – not upheld Standard 6 (fairness) – people and organisations referred to in the item were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on Sunrise, broadcast on TV3 at 8. 56am on Wednesday 25 November 2009, previewed an upcoming Inside New Zealand documentary called “How to Spot a Cult”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported sentencing of man convicted for stabbing a teenage tagger – reporter asked victim’s family for comment regarding defence lawyer telling them to “get over it” – footage showed lawyer saying it was “time for people to move forward, to move on” – allegedly in breach of accuracy and fairness Findings Standard 5 (accuracy) – reporter’s question was a reasonable summation of the lawyer’s comments when juxtaposed with footage of lawyer’s comments – not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant did not identify who he thought was treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair and denigratoryFindingsPreliminary findings – Authority applied TVNZ v VoTE approach to New Zealand Bill of Rights Act – Authority must consider whether finding a breach of standards would impose unreasonable limitation on free speech Standard 1 (good taste and decency) – contextual factors favour broadcaster – public interest does not require finding a breach of standards simply because broadcasts lampooned Catholicism – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high threshold in light of protection given to satire in 6(g)(iii) – threshold one of vitriol or hate speech – fact that offence caused of itself insufficient to find breach of standard – programmes not realistic as complainant alleged – not upheld Standard 6 (fairness) – satirical programmes would only be unfair in…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...