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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Downsize Me! – recommendations on weight loss and nutrition – allegedly inaccurate and misleading Findings Standard 5 (accuracy) – "factual programme" in the sense that it reported actual events and offered general information – advice and "scare tactics" presented in personable way – general messages were to eat better, exercise regularly and improve health – viewers would have understood that most of the advice was tailored to the particular participant – however, broadcasters need to take special care when discussing medical conditions – statement about coconut oil misleading – one aspect upheld No Order This headnote does not form part of the decision. Broadcast [1] Downsize Me! was a health, diet and exercise programme where overweight people worked for eight weeks to lose weight and reduce health risks. The Tuesday 30 September 2008 episode, broadcast at 7....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item reported on woman who sought a refund for baby items purchased from the complainant’s business – reporter approached complainant for an interview at her place of business – footage and audio recording of the conversation was broadcast – allegedly in breach of privacy, fairness and accuracy standards FindingsStandard 6 (fairness) – no previous attempts were made to obtain comment before door-stepping the owners at their place of business – covert filming and recording of conversation meant that the owners were not properly informed of the nature of their participation as required by guideline 6c – owners specifically stated that they did not want to be filmed or recorded – tone of programme was negative towards owners and their position was not adequately presented – owners treated unfairly – upheld Standard 5 (accuracy) – item was not even-handed as required by…...

Summary [This summary does not form part of the decision. ] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unresolved insurance claims participated in the programme. The Authority upheld a complaint that the broadcast breached the controversial issues and accuracy standards because the programme did not include the insurance industry's perspective and was misleading about the industry's willingness to participate in the programme. Upheld: Controversial Issues, Accuracy Order: Section 13(1)(a) – broadcast statement Introduction [1] Campbell Live marked the fourth anniversary of the first Canterbury earthquake with a live broadcast from a Christchurch school hall where an audience of local residents with unsettled insurance claims participated in the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on walkout by New Zealand delegation during the Iranian president’s speech at a United Nations nuclear conference – reporter made statements about Iran’s nuclear programme and about a previous walkout during an earlier speech given by the Iranian president – allegedly inaccurate FindingsStandard 5 (accuracy) – statement that “Its reason: it’s for generating electricity” was careless and misleading – upheld – comment that a previous speech by President Ahmadinejad was “racist” was not material to the item – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Tuesday 4 May 2010, reported on the New Zealand delegation’s walkout during the Iranian president’s speech at a United Nations nuclear conference....

ComplaintOne News – Item on electricity pricing to large irrigation customers – aspects confusing and inaccurate FindingsStandard 5 – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] "Some farmers could see their bills rise more than a thousand percent" was a comment made in the introduction to an item about electricity price rises for large irrigation users in Canterbury. The item was included in One News broadcast on TV One between 6. 00–7. 00pm on Sunday 29 September 2002. [2] Orion New Zealand Ltd, through its General Manager, Commercial (Roger Sutton) complained to Television New Zealand Ltd, the broadcaster, that the comment, among others, was inaccurate. The actual price increase in electricity charges, it said, was about 25%....

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

An appeal against this decision was dismissed in the High Court: CIV 2008-485-514 PDF428. 08 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – three items discussing proposal by Wellington City Council to scrap free parking – allegedly unbalanced, inaccurate and unfairFindings Principle 4 (balance) – subsumed into consideration of Principles 5 and 6Principle 5 (fairness) – Wellington City Council treated unfairly – upheldPrinciple 6 (accuracy) – items left the impression that the Council was considering scrapping free weekend parking – inaccurate – upheldOrder Section 13(1)(a) – broadcast statementThis headnote does not form part of the decision. Broadcast[1] On 20 April 2007, the presenter of Radio New Zealand National’s Morning Report programme, Sean Plunket, commented that the Wellington City Council was “looking at scrapping its free weekend and evening parking in the city”. He said: Retailers are furious....

Māori Television Service (MTS) aired a story on Te Kāea about how hapū Te Parawhau felt they had been shut out of negotiations on the sale of a piece of land, known as Pūriri Park in Northland, to Housing New Zealand (HNZ). The Authority upheld HNZ’s complaint under the balance standard, finding the omission of HNZ’s point of view from the initial broadcast likely prevented audiences from arriving at an informed and reasoned opinion about the sale and HNZ’s involvement. The Authority also upheld HNZ’s complaint under the accuracy and fairness standards, finding that while MTS aired a follow-up broadcast featuring comment from Te Parawhau and HNZ, this broadcast did not remedy the harm caused to HNZ by the initial broadcast of inaccurate information about the land sold....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

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 –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on “skimming” scheme in which accused allegedly “fleeced money from customers who used eftpos machines inside at least one Auckland business” – referred to and showed footage of the “Brooklyn Bar” in Auckland where, according to one customer, he had his card “skimmed” – allegedly in breach of standards relating to accuracy and fairnessFindingsStandard 6 (fairness) – item wrongly identified the Brooklyn Bar as having been targeted by the fraud – Brooklyn Bar was singled out and was the only business identified, which was unfair and created the impression the business was unsafe – reporter should have obtained verification from the complainant who owns the bar – complainant not provided with a fair and reasonable opportunity to comment and correct information – complainant and his business treated unfairly – upheldStandard 5 (accuracy) – item created misleading impression that…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-146 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAEME ANDREWS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – item on formaldehyde levels in imported clothing – allegedly inaccurate Findings Standard 5 (accuracy) – programme would have misled and unnecessarily alarmed viewers in its presentation of formaldehyde test results – upheld Orders Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $4,000 This headnote does not form part of the decision. Broadcast [1] An episode of Target, a consumer affairs programme, was broadcast on TV3 at 7. 30pm on 21 August 2007. The programme discussed the use of formaldehyde, “a highly toxic chemical that can be fatal”, in the manufacture of clothing. The presenter stated that formaldehyde was used to help keep fabric stain-free, wrinkle-free and disinfected....

Summary [This summary does not form part of the decision. ] During KPMG Early Edition, the host read out an opinion piece criticising Israel’s actions in the Israel-Hamas conflict. She referred to a recent bombing of a UN school which ‘killed everyone inside’. The Authority upheld the complaint that this was inaccurate, as in fact 16 out of 3,300 people sheltering in the school were killed. It did not uphold the complaint other statements were inaccurate, as they were clearly the host’s opinion. The Authority did not make any order, as publication of this decision is sufficient to correct the error. Upheld: Accuracy No Order Introduction [1] During Newstalk ZB’s KPMG Early Edition the host read out an opinion piece about the current Israel-Hamas conflict, in which she was heavily critical of Israel’s actions....

Download a PDF of Decision No. 1993-025:Gray and Television New Zealand Ltd - 1993-025 PDF1. 23 MB...

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

Summary[This summary does not form part of the decision. ]An item on ONE News reported on incidents of violence in Israel and Palestine. The newsreader said, ‘Road blocks are in place and thousands of police and soldiers are patrolling across Israel as it tries to stop a wave of violence’, and then crossed to a correspondent reporting from East Jerusalem. The item also went on to report on other incidents of violence between Israelis and Palestinians, including in Gaza. The Authority upheld a complaint that the item was inaccurate because East Jerusalem is internationally recognised as being part of Palestine, not Israel, and viewers would have been misled into thinking that much of the violence took place in Israel. Upheld: AccuracyNo OrderIntroduction[1] An item on ONE News reported on incidents of violence in Israel and Palestine....

A broadcast of The Long Lunch hosted by Wendyl Nissen included an interview with Horowhenua District Councillor (HDC) Ross Campbell, who talked about his decision to wear a body camera to Council meetings after what was described as incidents of bullying towards him. MediaWorks upheld the complaint under the fairness standard, finding that it should have sought comment from HDC prior to the broadcast, but did not take any remedial action. The Authority upheld HDC’s complaint that the action taken by MediaWorks following the finding of the breach of the fairness standard was insufficient. The Authority found that MediaWorks ought to have broadcast a follow-up item to remedy the breach. The Authority also upheld the complaint that the item was unbalanced as it did not include any comment from HDC or acknowledgement of an alternative viewpoint with respect to the allegations of bullying....