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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-019 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld four complaints that interviews on Q+A with Israeli and Palestinian representatives breached multiple broadcasting standards. On 21 April 2024, Jack Tame from Q+A interviewed Ran Yaakoby, the Israeli Ambassador to New Zealand. On 5 May 2024, Q+A interviewed Dr Izzat Salah Abdulhadi, head of the Palestinian Delegation to New Zealand. The complaints were made under several standards and included claims that: statements made by Yaakoby and Tame were inaccurate; Tame did not push back hard enough on Yaakoby; the interviews did not provide balance; the 21 April interview was unfair to Hamas, offensive, and discriminatory. The Authority did not uphold complaints under the accuracy standard on the basis: the relevant points concerned opinion to which the standard does not apply; reasonable efforts had been made to ensure accuracy; any harm was outweighed by freedom of expression; or the points were not materially inaccurate....

The University of Otago (the University) complained that three broadcasts by TVNZ, about sexual assault allegations by former and current students of the University, breached the fairness, balance and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice. The complaint about Sunday was not upheld, but aspects of the complaint about Breakfast and 1 News were upheld. Overall, the Sunday programme was balanced, as it included comment from the University and was clearly signalled as coming from the perspective of the women interviewed. No material inaccuracies were identified, and the University was given a reasonable opportunity to respond. However, the Breakfast and 1 News items focussed more specifically on perceived shortcomings of the University and its decision not to be interviewed, resulting in unfairness to the University. The Authority also found that the Breakfast programme lacked balance....

The Authority has not upheld a complaint that an item on Checkpoint covering the Select Committee report on the Abortion Legislation Bill was unbalanced, unfair and discriminated against unborn children. The Authority found: ‘unborn children’ were not a recognised section of the community; the broadcaster made reasonable efforts to present significant viewpoints on the issue discussed; and the item did not result in unfairness to anyone taking part or referred to. Not Upheld: Balance, Fairness, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]During a segment on The Leighton Smith Show, host Leighton Smith quoted a listener’s views on news sources such as CNN, the BBC and Newshub. Mr Smith went on to say that consumers of similar sources lived in ‘blissful ignorance’ because they did not listen to the views of ‘the other side’. The Authority did not uphold a complaint that Mr Smith’s comments were biased and dismissive towards reputable news sources. The Authority noted that, while talkback radio is not immune to broadcasting standards, the balance and accuracy standards in particular apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion....

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles....

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...

The Authority has not upheld a complaint that a brief, light-hearted discussion on ZM’s Bree & Clint programme about listeners’ suggestions to use methamphetamine to stay awake breached broadcasting standards. The complainant alleged the discussion made methamphetamine appear ‘cute’, it was offensive for the hosts to discuss it on air, promoted the drug to the audience and was unfair. The Authority found the discussion was within audience expectations of the programme and station and was not likely to promote use of the drug. Though the conversation was light-hearted, the hosts specifically acknowledged the drug could ‘ruin [their] lives’. The fairness standard did not apply. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Fairness...

Summary[This summary does not form part of the decision. ]An item on Te Kāea reported on a new public interest defence recognised by the Court of Appeal in the complainants’ defamation proceedings against the Māori Television Service (MTS). The Authority did not uphold a complaint from the appellants in the Court of Appeal case that this item was inaccurate and unfair. The Authority found that the item accurately reported the essence of the Court of Appeal’s judgment and that the omission of further information about the technical or legal aspects of the case would not have significantly affected viewers’ understanding of the item as a whole....

The Authority did not uphold a complaint about an item on 1News discussing the Government’s announcement of a new funding package for Pharmac, which included ‘up to seven’ of the 13 cancer drugs earlier promised by the National Party. The item’s introduction questioned, ‘Where does that leave the remaining six cancer-fighting drugs National pledged? ’ The complaint was that the item was inaccurate, unfair and biased, by failing to mention that the Government had committed to replacing the remaining six drugs with ‘alternatives just as good or better’ (which other news outlets had reported). The Authority agreed the item was misleading by omission, by not specifically answering the question of what happened to ‘the remaining six’ drugs – which was a material point and carried public interest, in particular for those counting on receiving the promised medicines....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 140/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND ON AIR Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws talkback – discussed the release of a report by the Children’s Commissioner and Barnados which stated a quarter of a million children in New Zealand were living below the poverty line – host made critical comments about the Children’s Commissioner and the report – allegedly unfair and failed to present significant viewpoints Findings Standard 4 (controversial issues) – listeners would not expect a range of balanced views from Michael Laws’ talkback – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – host’s criticisms not unfair in robust talkback environment – important principle of freedom of speech that public officials are open to criticism – not unfair to deny complainant’s request to appear on air during unrelated programme – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM – host discussed a television item that had contained an interview with Ray Spring – host made various statements about Mr Spring and told listeners where to find his home address in the White Pages – allegedly in breach of law and order, privacy, balance and fairness standards Findings Principle 3 (privacy) – item disclosed complainant’s name and effectively disclosed his address in a manner that was highly offensive – no legitimate public interest in the disclosure – upheld Principle 5 (fairness) – item breached standards of privacy which was also unfair – item encouraged listeners to harass the complainant – upheld Principle 2 (law and order) – item did not encourage listeners to break the law – the host’s comments were not sufficiently explicit to promote, condone or glamorise criminal activity – not upheld Principle 4 (balance) – item did not discuss a controversial…...

This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – item about violence encountered by staff working with dementia patients – contained interviews with a nurse working in a dementia ward, a representative from the Nurses Organisation and a spokesperson from the Ministry of Health – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (controversial issues – viewpoints) – broadcaster presented the required significant viewpoints – perspective of care providers not vital to discussion – not upheld Standard 5 (accuracy) – comment complained about was not a statement of fact – not upheld Standard 6 (fairness) – people and organisations taking part and referred to treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – coverage of the Makara cemetery desecration – graphic beside the news presenter showed the internationally recognised anarchist symbol – inaccurate, unfair and unbalanced – complaint upheld by broadcaster – action taken allegedly insufficient Findings Action taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 6 August 2004 dealt with the desecration of Jewish graves in Wellington. [2] The graphic beside the news presenter during the introduction to this item showed the internationally recognised anarchist symbol. [3] There was no suggestion during the news broadcast, other than the graphic, that the anarchist movement was involved in this incident....

Complaint3 News – items on black market trade in illegal cars – tax evasion – inaccurate interpretation of Motor Vehicle Dealers Act – partial – victimised businesses/individuals FindingsG14 – more than one view of Motor Vehicle Dealers Act - not inaccurate – no victimisation – no uphold G19 – editing not a distortion of events – no uphold This headnote does not form part of the decision. Summary Items on 3 News broadcast on TV3 on 9 and 10 October 2000 dealt with what appeared to be a flourishing "black market" trade in motor vehicles by unlicensed dealers. According to the items, illegal sellers were evading tax, and people who bought cars from them were not covered by consumer protection legislation. Ken Horlor complained to TV3 Network Services Ltd, the broadcaster, that the items were unbalanced, untruthful and victimised individuals and businesses trading legally....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...