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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 70/94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JARDINE INSURANCE BROKERS LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 25/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTRY OF AGRICULTURE AND FISHERIES Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaint under section 8(1)(b) of the Broadcasting Act 1989Campbell Live – item reported that a Fijian island used by a New Zealand production company to film the television series Treasure Island, was being “trashed” – interviewed two men who had seen rubbish on the island – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no reasonable basis upon which to conclude that the rubbish was left by Treasure Island production – broadcaster has not provided any evidence to support claims made in the item – inaccurate – upheld Standard 6 (fairness) – unfair to production company – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item interviewed Christchurch women who wanted to cancel their gym contracts due to the closure or relocation of premises – reported that Configure Express Northlands had relocated but that members could not cancel their contracts without incurring financial loss – barrister gave legal advice that the contracts had been frustrated and were unenforceable – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – item contained comments from two women which suggested their issues related solely to relocation, that the gym refused to refund them and that they would be significantly out of pocket – omitted important information about the women’s individual circumstances – impression not mitigated by opportunity given to the complainant to respond to the issues – reasonable to expect Fair Go to adhere to the same high standards the programme imposes on others – complainant…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 111/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND IMMIGRATION SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson R A Barraclough L M Loates...

The Authority has upheld two complaints from Action for Smokefree 2025 (ASH) about two items on ThreeNews reporting concerns about ASH, including alleged conflicts of interest and its stance on vaping. The Authority agreed the first item (26 July 2024), presented as a ‘special investigation’ into concerns about alleged links between ASH and the ‘pro-vaping’ lobby in Australia, breached the fairness, balance and accuracy standards: the reporter did not fairly inform ASH about the nature of the story or ASH’s contribution to it; ASH’s comments on the issues were not fairly presented, meaning the item was unbalanced; and, collectively, a number of statements and the presentation of ASH’s position created a misleading and unfairly negative impression of ASH....

The Authority upheld a complaint that a broadcast of First Up was misleading and breached the accuracy standard. The Authority found the quiz question ‘what charges did Sweden drop last week against WikiLeaks founder, Julian Assange? ’ was misleading, as charges were never formally laid against Mr Assange. The Authority also found that RNZ did not make reasonable efforts to ensure the accuracy of the broadcast noting that the error was careless. The Authority did not make any orders on this occasion. Upheld: Accuracy No Orders...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – interview with complainant about a possible ban on pseudoephedrine – followed by interview with a GP – interviewer told GP that complainant had suggested that over-the-counter pharmaceuticals containing pseudoephedrine were not the main source of supply for makers of “P” – similar statement made in News item broadcast after the interview – interviewer’s comment and News item allegedly misrepresented Minister’s comments – allegedly unbalanced and inaccurateFindings Principle 4 (balance) – different views expressed – not upheld Principle 6 (accuracy) – Minister’s comment accepted as implication initially – later broadcast as fact – inaccurate – upheldNo Order This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] Morning Report covered a story on kauri swamp logs that were allegedly being illegally exported to China. It reported that the company Oravida was one of the ‘kauri wholesalers’ involved. RNZ upheld a complaint from Oravida’s director that the broadcast was unfair as comment was not sought from Oravida. RNZ had removed the audio and written pieces that referred to Oravida and its director from its website, and two days later in a subsequent broadcast briefly reported Oravida’s position that it had never been involved in illegal trading. The Authority upheld the complaint that the action taken by RNZ in upholding the fairness complaint was insufficient and that the broadcast was also inaccurate. The Authority did not make any order noting that a full correction and apology was broadcast after the referral of the matter to this Authority....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-182 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND FIRE SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b )(i) of the Broadcasting Act 1989Campbell Live – item discussed several current events in relation to global warming – contained a report from Britain’s ITN television station on the effects global warming was having on penguins in Antarctica – allegedly inaccurate and unbalanced Findings Standard 5 (accuracy) – item’s introduction presented the ITN item as providing factual evidence on global warming – statement regarding percentage of sea ice reduction in Antarctica inaccurate – statement that only humans can change the fate of penguins not clearly distinguishable as commentary – contrary to guideline 5d – upheld No Order This note does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on 12 December 2007, looked at several international current events relating to global warming....

Complaint3 News Special – interviews with Nicky Hager and Prime Minister about issues raised in Hager’s book "Seeds of Distrust" – complaints that implication in interview that the book was factually correct was unbalanced and partial – some facts inaccurate – different interview styles unfair – Authority made the following findings: Standard 4 – issues were scientific and government accountability – science aspect – balanced – no uphold; government accountability – not balanced – uphold Standard 5 – scientific facts in dispute – unable to determine; approach to interview with Prime Minister in comparison with the interview with Mr Hager neither impartial nor objective – uphold; statement that Prime Minister declined her earlier offer to do another interview not inaccurate – no uphold Standard 6 – preparation of programme fair – no uphold; presentation of programme – unfair as Prime Minister not advised of source of allegations and the accuser was interviewed in…...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Paakiwaha, host Willie Jackson interviewed the Head of News and Current Affairs at Māori Television about the recent resignation of senior staff, among other things. Mihingarangi Forbes and Annabelle Lee, two of the individuals referred to, complained that the interview was unfair, inaccurate and unbalanced. The Authority upheld aspects of the accuracy complaint, as Mr Jackson claimed Ms Forbes leaked information to media (which was also unfair) and declined an invitation to appear on the programme, which was inaccurate. The Authority also found the item was unfair to Ms Forbes, Ms Lee and another former staff member as the discussion reflected negatively on their professional ability and they were not given a timely and relevant opportunity to respond or give comment....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Nightline – alleged that ACC had not fulfilled its legal obligation to tell its clients about an Independent Earner Tax Credit – allegedly unbalanced and inaccurate FindingsStandard 4 (balance) – complainant concerned that it was not given an opportunity to respond to one statement in the item – that issue was not a controversial issue of public importance – not upheld Standard 5 (accuracy) – item was inaccurate in stating that ACC had a legal obligation to inform its clients of the credit – one aspect upheld OrderSection 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on TV3 on 17 April 2009, and repeated on Nightline at 10....

The Authority has upheld a complaint that a 1 News item reporting on then Leader of the Opposition and National Party leader Hon Simon Bridges travelling from Tauranga to Wellington during COVID-19 Level 4 lockdown breached the accuracy standard. The Authority found that the item, which was focussed on MPs breaking lockdown rules, was misleading in putting Mr Bridges in that category.  The Authority acknowledged that, during the time of the broadcast, there was confusion surrounding the scope of the rules, particularly as to what constituted an essential service. However, the broadcaster had access to information suggesting Mr Bridges was engaged in an ‘essential service’ and, given the level of harm potentially caused by portraying a senior Member of Parliament as breaking lockdown rules, had not made reasonable efforts to ensure that this particular item did not mislead the public. Upheld: Accuracy No Order...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about improving the safety of the site of the 1986 Chernobyl nuclear disaster – reported thousands had died during and after the event – allegedly inaccurateFindingsStandard 5 (accuracy) – although a human and environmental catastrophe, UN and WHO sources suggest deaths of less than 100 – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Fresh concerns about improving the safety of the 1986 Chernobyl nuclear disaster site in the Ukraine were covered in an item on One News broadcast on TV One at 6. 00pm on 13 May 2005. It was reported that “thousands of people died during and after the disaster”. Complaint [2] Allan Dewar complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate....

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Summary A soccer game between Croatia and Yugoslavia ended in a riot, according to a news item on One Network News broadcast on TV One on 19 August 1999 between 6. 00–7. 00pm. The footage which accompanied the item showed baton-wielding police, players and spectators fighting on the soccer field. Gordon Sunde complained to Television New Zealand Ltd, the broadcaster, that the item had been fabricated and was totally misleading. The game, he said, had been played without incident. The video clip shown related to a game which had been played between the same two countries in 1991 and had no relationship to the one being reported. He sought an apology and correction. TVNZ responded to the complaint informally and advised that a correction would be prepared for broadcast. It explained that the footage had been used by mistake and apologised to Mr Sunde....