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SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

SummaryA weekend in the Wairarapa was the prize in a competition run by radio station 91ZM in Wellington in the first week of February. Listeners were invited to write in and explain why they deserved this holiday. Some entries were read each day, including one from "Malcolm" on Wednesday, and he was subsequently chosen as the winner on Friday. His winning entry was read on both days and he was spoken to on-air on Friday after the announcer telephoned his named place of work and asked for him by name. His entry detailed how his wife of 13 years had left him and his two sons (aged 12 and 9) a little over a year previously as she was having an affair with a 19-year-old. His letter concluded by stating his former wife "has since been dumped by the 19-year-old"....

SummaryThe action of the police in Christchurch in shooting and wounding a person with a shotgun was covered in an item on 3 News at 6. 00pm, and again on Nightline at 10. 30pm, on 27 August 1998. During the item, a reporter attempted to interview a flatmate of the gunman. However, the reporter said, the flatmate indicated that he had been paid to talk exclusively to another news organisation. When the flatmate was heard to tell the reporter that he had received "a few thousand dollars" to talk only to the other news organisation, a shot of a vehicle marked "One Network News" was shown. Television New Zealand Ltd, which produces One Network News, complained to TV3 Network Services Ltd, the makers of 3 News and Nightline, that the items were inaccurate and unfair. Further, it complained that although TV3 news had been advised by 9....

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....

SummaryThe relationship between a Department of Corrections employee and a former inmate, which was the subject of a later investigation by the department and resulted in the resignation of the employee, was the focus of items on 20/20, broadcast by TV3 on 11 October and 15 November 1998. It was also the subject of a bulletin opener and a news item on 3 News on 10 November 1998. Mr Wallace, father of the employee, complained to the Broadcasting Standards Authority under s. 8(1)(c) that the identification of his son in the commentary, and the footage accompanying it, represented harassment and a gross invasion of his son’s privacy....

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

SummaryEmergency Heroes is a series which features the police and other emergency services responding to actual incidents. The response by a police patrol to a threat from a woman to commit suicide by jumping from a building was dealt with during an item in an episode broadcast on TV3 at 7. 30pm on Tuesday 16 February 1999. Mr R complained to TV3 Network Services Ltd, the broadcaster, that the broadcast breached a number of broadcasting standards and intruded on the privacy of both the woman and her family. Pointing out that he was the woman’s former husband and father of her three children, he said that she was easily identifiable to acquaintances because of her voice which was heard in the item, and her clothing. A 15 year old son who had seen the programme, he added, now needed ongoing counselling....

Summary Monica Lewinsky was interviewed by Kim Hill on National Radio on 15 March 1999 just after 9. 00am, following the release of the book which dealt with her relationship with President Clinton. Simon Boyce of Paraparaumu complained to Radio New Zealand Ltd, the broadcaster, that one of the interviewer’s questions was unfortunate and inappropriate. He maintained that the interviewer had a history of asking her guests sexually explicit and intimate questions which were clearly embarrassing. In his view, this interview breached standards R2 and R5 of the Radio Code of Broadcasting Practice. RNZ responded that in the context of an interview with Ms Lewinsky, the language used had not breached the requirement to observe standards of good taste and decency....

Summary The manager of the Chatham Islands Millennium Project was interviewed by Kim Hill on the programme Nine to Noon broadcast on National Radio on 28 January 1999 at 9. 45am. At the conclusion of the interview, he was asked to explain whether his previous conviction for fraud had been an impediment in this role. Mr P F Smith, Mayor of the Chatham Islands Council, complained to Radio New Zealand Ltd, through the Broadcasting Standards Authority that the interviewer had acted unprofessionally in raising that issue. The Council sought a ruling from the Authority to censure the broadcaster, he wrote. In its response, RNZ argued that as a significant amount of public money had been granted to the Chatham Islands Millennium Project, it was considered reasonable to raise the matter of the Project Manager’s background....

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Summary The apprehension by the police of two teenage girls in a clothing store, one of whom had been accused of shoplifting, was portrayed in a segment of Police, broadcast on TV2 at 8. 00pm on 8 April 1999. The faces of the girls were blurred. Police is a reality series which reports on the day-to-day activities of police officers. Mrs L complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the privacy standard. She subsequently advised that both girls were her daughters, but in her initial complaint referred only to the effect of the programme on her younger daughter who had been accused by police of stealing some clothing. She complained that despite the blurring of their faces, the girls were identifiable to friends and family....

Summary A representative of a beneficiaries’ organisation was interviewed on National Radio’s Nine to Noon on 21 July 1999 beginning at 9. 06am. The interview arose in the context of controversy surrounding the operation of Work and Income New Zealand. Mr Boyce complained to RNZ, the broadcaster, that the beneficiary representative was not treated fairly because he was not named in the introduction to the item. He contended that the interviewee was discriminated against because of his status as a beneficiary. RNZ provided a brief response in which it asserted that the interviewee had been dealt with fairly, and that it had acted in a socially responsible manner. It declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Boyce referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to determine the complaint....

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

Summary The dissatisfactions expressed by a number of students at the New Zealand Film and Television School in Christchurch were examined in items broadcast on Holmes on 15 and 16 December 1998. A follow-up item was broadcast on Holmes on TV One between 7. 00–7. 30pm on 12 April 1999. The Managing Director of the New Zealand Film and Television School Ltd (Ms Marilyn Hudson) complained to Television New Zealand Ltd that the April item was unfair and unbalanced, and inaccurate in a number of respects. TVNZ considered that one aspect of the item was unfair, and in breach of the standards, as Ms Hudson was not advised that a telephone conversation between herself and a student, contained in the broadcast, was being recorded. It declined to uphold any other aspect of the complaint relating to the alleged inaccuracies or lack of balance....

Summary An item on Fair Go reported on a dart-throwing competition which had been won by an Auckland man. The competition had been organised by a promoter, who had arranged insurance for the event with his United States principal. After the competition had been won, the principal refused to accept the claim, asserting the winner’s throw had been wind-assisted. The item suggested the wind would not necessarily have assisted the winner. It also suggested that a competition clause excluding "assistance" for dart throwing had been utilised by the promoter to escape his liability to the winner. The item was broadcast on TV One on 21 April 1999 commencing at 7. 30pm....

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....

Summary Four appliance repair centres were given a faulty microwave oven to repair and the results were reported on Target broadcast by TV3 Network Services Ltd on 6 June 1999 between 7. 00–7. 30pm. Manukau Appliance Service Centre Ltd repaired the microwave by bypassing the variable power switch with the result that it could only operate on high power. Mr Welch, Managing Director of Manukau Appliance Service Centre, complained to the broadcaster that the item was unfair to his company because it left the impression that his staff were incompetent in locating faults in electrical equipment. Of major concern, he said, was that TV3 had failed to include explanatory comment from the company about the work it had done. TV3 responded that the repair test had been conducted fairly and the testing had been overseen by two independent technical experts....