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O'Neill and The Radio Network Ltd - 2002-051
2002-051

ComplaintRadio Sport – talkback discussion of South Africa & New Zealand one day cricket match – callers’ questions about match-fixing and bonus point – host terminated one call apparently from an Asian with reference to match-fixing in the sub-continent – another call terminated with sarcasm – unfair – racist FindingsPrinciple 5 – sports talkback is robust – no uphold Principle 7 – opinion not racial slur – no uphold This headnote does not form part of the decision. Summary [1] The result of the previous evening’s one day cricket match between New Zealand and South Africa was one of the topics on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 2 February 2002 hosted by Doug Golightly. One caller questioned whether the result was fixed, and another asked whether South Africa had earned a bonus point....

Decisions
Collier and Television New Zealand Ltd - 2010-123
2010-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast- host read out viewer feedback that contained joke referring to "Jesus Christ" – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and children's interests FindingsStandard 1 (good taste and decency) – "Jesus Christ" used to covey exclamation of light-hearted surprise – contextual factors – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 7 (discrimination and denigration) – not intended to encourage denigration of Christian people – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One at 6. 30am on Tuesday 23 March 2010. During the viewer feedback segment at 8....

Decisions
Morrison and Radio New Zealand Ltd - 2011-164
2011-164

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Afternoons with Jim Mora – discussed New Zealand First’s decision to drop a candidate for drinking his own urine – panellist commented that Don Brash and John Banks “drink each other’s urine” – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and responsible programming Findings Standard 1 (good taste and decency) – comment puerile, but not so offensive as to breach Standard 1 – would not have offended or distressed most listeners – contextual factors – not upheld Standard 6 (fairness) – comment did not carry any invective – was not unfair to Don Brash or John Banks – not upheld This headnote does not form part of the decision....

Decisions
Davies and MediaWorks TV Ltd - 2015-004
2015-004

Summary [This summary does not form part of the decision. ] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad. It included an interview with the head of ESNZ, and briefly showed a copy of the equestrian magazine Show Circuit on his desk. The Authority declined to uphold a complaint that the broadcast breached standards because it wrongly associated Show Circuit with ESNZ. The inclusion of the shot of the magazine was incidental to the story and did not suggest that Show Circuit supported ESNZ, as alleged. Not Upheld: Accuracy, Fairness, Responsible Programming   Introduction [1] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad....

Decisions
Both and MediaWorks TV Ltd - 2015-068 (1 December 2015)
2015-068

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

Decisions
Mitchell and Te Reo Irirangi O Te Arawa - 2015-104 (29 June 2016)
2015-104

Summary[This summary does not form part of the decision. ]The Pukeroa Oruawhata Trust has a regular broadcasting programme on Te Arawa FM, which is paid for by the Trust and enables the Trust to ‘share its views on issues affecting the Trust with its beneficiaries’. The programme featured an interview with the Trust’s deputy chairman, in which he made a number of negative comments about Te Komiti Nui o Ngāti Whakaue, Ngāti Whakaue Tribal Lands Incorporation and its former chairman. The Authority upheld a complaint that the programme was unbalanced, as it contained a discussion of issues that were controversial and of public importance to Te Arawa’s audience, but did not present any significant countering viewpoints to those expressed by the interviewee. The Authority also upheld the complaint that the former chairman of NWTLI, the complainant, was treated unfairly....

Decisions
Smith and Television New Zealand Ltd - 2000-127
2000-127

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

Decisions
Dr X and Prime Television New Zealand Ltd - 2005-052
2005-052

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

Decisions
Newman and The Radio Network Ltd - 2004-195
2004-195

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....

Decisions
Alexander and Television New Zealand Ltd - 2007-099
2007-099

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – promos for the programme contained footage not used in the actual broadcast – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not specify any alleged inaccuracies or provide any evidence of inaccuracy – not upheld Standard 6 (fairness) – person alleged to have been treated unfairly did not take part in and was not referred to in the item – not upheld This headnote does not form part of the decision....

Decisions
Robertson and Television New Zealand Ltd - 2016-038 (22 August 2016)
2016-038

Summary[This summary does not form part of the decision. ]An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link. The Authority did not uphold a complaint that the item was unbalanced, inaccurate and unfair. The item included a variety of significant viewpoints on KiwiRail’s decision, and it did not imply that the Government’s or KiwiRail’s views on the issue were more valid than other views. In the context of a brief news report, the pro-rail rally was accurately conveyed, and no individual or organisation was identified by the complainant as being treated unfairly. Not Upheld: Balance, Accuracy, FairnessIntroduction[1] An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link....

Decisions
Anderson and Television New Zealand Ltd - 2004-224
2004-224

Diane Musgrave declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Murder on the Blade?...

Decisions
McLean and Television New Zealand Ltd - 2017-015 (26 April 2017)
2017-015

Summary[This summary does not form part of the decision. ]An item on 1 News reported on John Key’s resignation and the legacy he would leave behind after his term as Prime Minister. The item covered a number of significant events during Mr Key’s time in office, including his involvement in deploying troops to Afghanistan and Iraq, the Trans-Pacific Partnership trade deal, the Christchurch and Kaikoura earthquakes, and the flag referendum (among others). The Authority did not uphold a complaint that this item was misleading and unfair in describing Mr Key’s legacy. The selection of events to include in, and the overall tone of, the item were matters of editorial discretion open to the broadcaster. In the context of a brief summary of highlights from Mr Key’s career, the audience would not have expected an in-depth discussion or analysis of the events discussed....

Decisions
Sarah and Television New Zealand Ltd - 2018-079 (27 November 2018)
2018-079

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

Decisions
The University of Otago and Television New Zealand Ltd - 2019-082 (9 June 2020)
2019-082

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....

Decisions
Huriwai and Discovery NZ Ltd - 2022-061 (2 August 2022)
2022-061

A segment on AM interviewed the complainant regarding his documentary, Milked, which focused on the environmental impact of the dairy industry. Following the interview, the presenter interviewed DairyNZ CEO, Dr Tim Mackle, on the same topic. The complainant stated the broadcast breached the fairness standard as he was not informed of Dr Mackle’s involvement and he was not given a right to respond following the interview. The Authority did not uphold the complaint, finding the nature of the broadcast did not materially deviate from what was consented to. The Authority also found the interviews were conducted fairly and the audience would not have been left with a negative impression of the complainant. Not Upheld: Fairness...

Decisions
Keen and Television New Zealand Ltd - 2022-002 (6 July 2022)
2022-002

The Authority has not upheld a complaint about an item on Fair Go which covered a customer’s experience in purchasing a second-hand vehicle from Universal Imports. The customer did not obtain a pre-purchase report and when the vehicle broke down she attempted to reject the purchase under the Consumer Guarantees Act. A Motor Vehicle Disputes Tribunal ruling found in her favour. After the ruling, she ‘copped abuse, personal insults and name calling’ connected with the Universal Imports issues. The complainant alleged the programme was unfair to Universal Imports and its owner, and was inaccurate in how it presented the situation. The Authority found the business and its owner were given a fair and reasonable opportunity to comment for the programme, and the programme was materially accurate. The complainant’s concerns about the use of aspects of his YouTube videos are not capable of being addressed under the standards....

Decisions
The Māori Party and Raukawa FM - 2005-103
2005-103

AMENDED DECISIONThis decision has been amended and re-issued following advice that the Authority’s original decision about a Labour Party advertisement, issued on 10 September 2005, relied on incorrect information. The original decision noted that the advertisement stated that the Māori Party had voted with National 277 times. The figure of 277 was used on an audio copy of the advertisement supplied to the Authority by the New Zealand Labour Party. After the decision was issued, the Labour Party advised that it had supplied the Authority with an early version of the advertisement that had not in fact been broadcast. The advertisement that was broadcast stated that the Māori Party had voted with National 227 times. Upon receiving this advice, the Authority requested further submissions from all parties. No further submissions of substance were received....

Decisions
NZ On Air and Radio Liberty Network - 1995-140
1995-140

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...

Decisions
Cable and Television New Zealand Ltd - 2020-110 (21 December 2020)
2020-110

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...

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