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Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a church’s campaign to stop the use of “Jesus” as a swear word – “Jesus” and “Christ” repeated a number of times as examples of the language complained about – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – used as an expression of dismay and surprise – accepted colloquial use – not upheld Standard 4 (balance) – subsumed Standard 6 (fairness) – Pastor Driscoll treated fairly in the item – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7pm on TV One on 12 October 2005 reported that the Rangiora New Life Church had launched a campaign to stop the use of “Jesus” as a swear word....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported that Nicholas Keesing undertook an election smear campaign “to get revenge” – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld complaint under Standards 5 and 6 – action taken allegedly insufficient Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) and Standard 6 (fairness) – broadcaster upheld complaint under two standards and offered corrective statement – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A news item broadcast on Newstalk ZB at 12pm on 23 November 2008 reported that “Newstalk ZB can now reveal what lies at the bottom of a smear campaign, in one of the country’s key electorates during the Election....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Native Affairs – item discussed the findings of a 2009 Education Review Office report on a Māori immersion school called Te Kura Kaupapa Māori o Hoani Waititi – reporter made statements about operation of the school and teachers’ resignations – included footage of a previous interview with the Chair of the school’s Board of Trustees and interviews with a representative from the national body that represents Te Kura Kaupapa Māori and a past principal of the school – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item accurate in relation to the points raised by the complainant – not upheld Standard 6 (fairness) – complainant and the Kura’s Board given adequate opportunity to respond – item dealt…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – Mystery and the Mouth – talkback discussion about former All Black captain – caller abused – allegedly offensive, unbalanced and unfairFindings Principle 1 (good taste and decency) – context – borderline – not upheld Principle 4 (balance) – style and manner of comment complained about, not substance – not upheld Principle 5 (fairness) – host’s response unprofessional given other options available – nevertheless responded to provocation – not upheldThis headnote does not form part of the decision. Broadcast [1] Mystery and the Mouth is the name of the talkback programme broadcast on Radio Sport between 10am to 12 noon on Sunday mornings. The programme hosts are John Morrison – “Mystery”, and Miles Davis – “The Mouth”....

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....

Complaint Flipside – item looking into cheating at Universities – comment that Asian learning cultures rewarded copying while punished in New Zealand – inaccurate – denigrated Asian culture Findings Standard 5 – comments a mixture of facts and opinion – no inaccurate facts Standard 6 – genuine opinion – not unfair This headnote does not form part of the decision. Summary [1] Cheating among students at universities was considered in a segment of Flipside broadcast on TV2 at 6. 30pm on Tuesday 1 October 2002. Dr David Brook, Deputy Vice Chancellor at the Auckland University of Technology, was one of the people interviewed. [2] Daphne Wong complained to Television New Zealand Ltd, the broadcaster, that Dr Brook’s comment that copying was rewarded in Asian cultures but punished in New Zealand, was untrue and denigrated an entire culture....

Complaint Choppers – rescue series – intrusion into grief – breach of privacy – complainant said consent to broadcast withheld FindingsPrivacy – conflict as to whether consent given – decline to determine Standard 5 – item not news, current affairs or documentary – no uphold Standard 6 – majority – footage indistinct and fleeting – similar to that which would be used in news item – informational content – no uphold – minority – complainant identifiable and clearly in shock – friend obscured – unfair This headnote does not form part of the decision. Summary [1] The series Choppers followed the activities of a helicopter rescue service. The rescue of a young woman who had fallen down a cliff was shown in the episode broadcast at 7. 30pm on TV2 on 8 August 2002. [2] Christine Diamond, the woman rescued, complained to the Broadcasting Standards Authority under s....

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....

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item on the cats of Zion Wildlife Garden in Whangarei and the organisation’s desire to reverse declawing operations on some of their cats – included comments about former manager Craig Busch in relation to the decision to declaw the cats – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – zoo consultant’s comments were opinion – statement that Mr Busch convinced authorities had a reasonable basis – complainant did not provide evidence to disprove statements about inbreeding or limping tiger – not upheld Standard 6 (fairness) – Mr Busch invited to participate – item included a response from Mr Busch – broadcaster dealt with Mr Busch and ZWG fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Fair Go – item on sales seminars run by Wenatex which sells beds – sales consultant shown saying in reference to her colleague, “he was in front of a wheelchair” – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 6 (fairness) – complainants were not given an opportunity to respond – unable to determine whether the editing of the footage was unfair as raw footage was destroyed, but still unfair overall – upheld Standard 3 (privacy) – HC was identifiable even though her face was blurred, due to her distinctive accent, clothing, and occupation – no interest in seclusion – public interest – not upheld Standard 5 (accuracy) – raw hidden camera footage unavailable – decline to determine OrdersSection 16(1) – costs to the complainants $8,740 This headnote does not form part of the decision....

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....

Summary [This summary does not form part of the decision. ]Coast FM News reported that Zero Commission ‘has been making low ball offers’ to shareholders of various companies. A majority of the Authority upheld the complaint that Zero Commission and its shareholders were treated unfairly as no opportunity was given to respond to the claims or the negative impression created. The minority did not consider the item was unfair as Zero Commission could reasonably expect some commentary from time to time that it would not like or agree with. The Authority unanimously declined to uphold the complaint that the use of the term ‘low ball’ was inaccurate as this was a subjective term, not a point of fact. The controversial issues standard was not applicable because the item focused squarely on one company, not a controversial issue of public importance....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

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....

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints that comments by Leighton Smith about climate change issues were unbalanced, inaccurate and unfair. Mr Smith provided his views in response to a news item, saying that climate change was not predominantly man made and was instead due to ‘normal variability’. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the requirements of the accuracy standard do not apply to statements of analysis, comment or opinion. In this case, the Authority considered it was clear that Mr Smith’s statements amounted to statements of opinion in a talkback context....

The Authority has not upheld a complaint that a news report covering the US Democratic Convention breached standards by referring to then US President Donald Trump as ‘Trump’ or ‘Donald Trump’ rather than with the title ‘President’. The broadcast was fair to Mr Trump, considering his position and profile as a politician and public figure. It was not misleading to refer to Mr Trump as ‘Donald Trump’ and the report was unlikely to cause widespread offence. The discrimination and denigration standard did not apply to Mr Trump as an individual. Not Upheld: Fairness, Accuracy, Good Taste and Decency, Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 135 /94 Dated the 15th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEADER OF THE OPPOSITION (Rt Hon HELEN CLARK) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...