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Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Michael Jackson's Mind looked at history of Michael Jackson's unconventional behaviour – behaviour analysed by psychiatrists and psychologists – comments sought from range of other people – programme used extracts from previous documentary Living with Michael Jackson – allegedly unbalanced and unfairFindings Standard 4 (balance) – not controversial issue of public importance – balance not required – not upheld Standard 6 (fairness) – Authority unable to determine whether extracts of Martin Bashir documentary used in context – decline to determine – other comments by psychiatrist not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] On 30 May 2005, at 9. 30pm, TV2 broadcast a documentary entitled Michael Jackson's Mind....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

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”....

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....

ComplaintEureka – Royal Commission on Genetic Modification – GE Free rally – rally participants interviewed – approach assured participants rejected Commission findings – views misrepresented – unbalanced FindingsPrinciple 5 – interviewees not treated unfairly – no uphold Principle 6 – factual reports and opinion distinguished – no uphold This headnote does not form part of the decision. Summary [1] An interview with one of the Commissioners from the Royal Commission on Genetic Modification, and comments from participants at a GE-Free rally, were included in the edition of Eureka broadcast on National Radio on 9 September 2001 and repeated on 10 September. Eureka is a science magazine programme broadcast weekly. [2] Jon Carapiet complained to Radio New Zealand Ltd, the broadcaster, that the programme’s approach was unbalanced as the item sought to represent those at the rally as ill-informed. Consequently, he said, their views were misrepresented....

ComplaintHolmes – studio discussion about Police Education Child Protection Scheme – bullying tactics – unbalanced – biased FindingsStandards G3, G4 and G6 – interviewee given opportunity to voice concerns – dealt with fairly – issue not dealt with in unbalanced manner – no uphold Standard G13 – not relevant This headnote does not form part of the decision. Summary A studio discussion on the Holmes programme, broadcast on TV One at 7. 00pm on 14 November 2000, centred around the controversial Police Education Child Protection Scheme. The scheme encouraged schools to teach even their youngest pupils the names of intimate body parts, and aimed to assist children to talk unashamedly about issues such as unwanted touching. W T Lewis complained to Television New Zealand Ltd, the broadcaster, that the programme was "offensive and biased" because the presenter had "verbally bullied" one of the participants in the studio discussion....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

Download a PDF of Decision No. 1990-015:Perry and Television New Zealand Ltd - 1990-015 PDF1008. 74 KB...

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the Government’s upcoming review of KiwiRail’s operational and funding models. The item featured interviews with Transport Minister, Simon Bridges, NZ First leader, Winston Peters, and Prime Minister Bill English. The reporter commented that KiwiRail had been a ‘black hole’ for tax payers and ‘a giant problem for this Government’. The Authority did not uphold a complaint that the item was unbalanced and unfair to KiwiRail. Given the nature of the item, which was a straightforward news report about the Government’s proposed review, viewers would not have expected to be provided with information about the historic benefits of rail or the history of KiwiRail. The Authority also found that, although the reporter’s use of language could be considered critical, the item did not result in KiwiRail being treated unfairly....

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....

The Authority has not upheld a complaint that the action taken by MediaWorks in response to a breach of the fairness standard during a segment of Jay-Jay, Flynny and Jase Driving You Home was insufficient. The segment featured host Flynny telling a story about an ‘embalmer’ who had embalmed their cat after it passed away. The Authority agreed that the complainant was unfairly treated by the broadcaster in breach of the fairness standard. However, the Authority found the action taken by the broadcaster, which included a direct apology to the complainant, and counselling of the hosts concerned, was proportionate to the breach. The Authority also found that the broadcast was unlikely to cause widespread undue offence or distress and that the complainant’s privacy was not breached as they were not identifiable in the broadcast. Not Upheld: Fairness (Action Taken), Good Taste and Decency, Privacy...

The Authority has not upheld a complaint from Māori Television Service (MTS) about an item on 1 News concerning the MTS online COVID-19 programme Tapatahi. MTS argued the piece inaccurately reported it had received nearly $300,000 of Government funding for the programme, and that the Government was calling for a review as Tapatahi was presented by MTS’s Chief Executive. The Authority found the item was materially accurate and MTS was given a fair and reasonable opportunity to respond. Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint under the discrimination and denigration and fairness standards about an item on Morning Report. The Authority did not consider referencing the iwi affiliation of the subjects featured in the piece discriminated against or denigrated other New Zealanders stuck in India due to COVID-19 who are not tangata whenua. It also found the complaint did not identify a particular individual or organisation that was alleged to have been treated unfairly in the broadcast, so the fairness standard did not apply. Not Upheld: Discrimination and Denigration and Fairness...

The Authority has not upheld a complaint regarding an item on The Project discussing whether nurses who were not vaccinated against COVID-19 should return to the workforce given staff shortages. The complainant stated the broadcast breached the offensive and disturbing content standard, as well as other standards, as it encouraged division in Aotearoa New Zealand and the presenters’ comments were ‘uncalled for and unfair’. The Authority found the comments reflected the presenters’ opinions and were unlikely to cause widespread disproportionate offence or distress or otherwise undermine widely shared community standards. The remaining standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Accuracy, Fairness...

A news bulletin on Newstalk ZB reported on the upcoming speaking tour of New Zealand by Posie Parker. The complainant considered the item’s portrayal of Parker (including through its tone and description of Parker as an ‘anti-trans rights activist’ and a ‘trans-exclusionary speaker’ rather than a ‘women’s rights campaigner’) was in breach of the balance, fairness, accuracy and discrimination and denigration broadcasting standards. The Authority found the balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ a controversial issue of public importance and, in any event, listeners would have been aware of alternative viewpoints. The Authority also found, given Parker’s views, the descriptions ‘anti-trans rights activist’ and ‘trans-exclusionary speaker’ were fair and accurate. The discrimination and denigration standard did not apply. Not Upheld: Balance, Fairness, Discrimination and Denigration, Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item looked at a New Zealand based animal research testing facility – included interviews with people who were pro-animal use and people who were anti-animal use – included discussions on the type of animals being used, whether animal testing was necessary, alternatives and research facilities – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – to the extent that the item touched on a controversial issue of public importance it provided an adequate overview of significant viewpoints – not upheld Standard 5 (accuracy) – no misleading or inaccurate statements – not upheld Standard 6 (fairness) – participants were treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 60 Minutes, broadcast on TV3 at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with South African Rugby Union President about the possibility of a rugby game between the New Zealand Māori team and the South African team – allegedly in breach of fairness Findings Standard 6 (fairness) – interviewee had sufficient opportunity to respond and clearly expressed his views – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] During Morning Report, broadcast on Radio New Zealand National between 6am and 9am on 20 February 2009, the host spent approximately six minutes interviewing the President of the South African Rugby Union. They discussed the possibility of revising the Union’s rules against playing racially selected sports teams, to allow a rugby game between the New Zealand Māori team and the South African team. The interviewee expressed the following views on the subject: . ....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-046 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P G CURRAN of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...