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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 59/94 Dated the 2nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EXCLUSIVE BRETHREN CHRISTIAN FELLOWSHIP 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: 19/95 Decision No: 20/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by KINGS COLLEGE of Auckland and its headmaster JOHN TAYLOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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...

This decision has been amended to remove the names of persons who were not a party to the complaint....

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – interview with one of the "medal thieves" – viewers were told a false name was used – caption said it was an actor's voice – figure shown in interview was in fact an actor – allegedly misleading and in breach of programme information standard Findings Standard 5 (accuracy) – viewers were misled into thinking they were seeing the actual interview – broadcaster did not take sufficient steps to correct the mistake for its viewers in the same medium – upheld Standard 8 (programme information) – subsumed into consideration of Standard 5 Order Section 13(1)(a) – broadcast of a statement This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 65 /94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

ComplaintAssignment – election special – inaccurate statement regarding student loans FindingsStandard 5 – requirement for accuracy is absolute – minor breach – uphold No Order This headnote does not form part of the decision. Summary [1] An Assignment programme broadcast on TV One at 8. 00pm on 10 July 2002 was an election special, which analysed the Auckland electorates in the context of the upcoming General Election. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the Prime Minister’s comments regarding student loans were inaccurate, and that Ms Harré was treated unfairly on the programme. [3] In declining to uphold the complaint, TVNZ said that the Prime Minister’s comments were "essentially correct" and that Ms Harré was dealt with fairly in the context of the programme....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a One News item "fundamentally misrepresented" the Electoral Finance Bill by saying, first, that "new rules for election spending will mean big donations to political parties' campaigns will no longer be kept secret", and second, that "other secret donors would also be outed – donations over $5000 would have to be declared”. The complainant said the Bill required no greater degree of disclosure of the amounts of donations and the identities of donors than the existing law. The Broadcaster’s ResponseTVNZ said the story was about third party activities at election time, rather than donations to political parties. As third parties would have to register with the Electoral Commission if they intended to spend more than $5,000 on an election campaign, their identity would no longer be secret....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about new pricing structures for national calls at Telecom – graphic stated $0. 08c per minute on national calls – correct price $0. 18c per minute – allegedly inaccurateFindingsStandard 5 (accuracy) – graphic inaccurate – significant mistake requiring correction – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] 3 News, broadcast on TV3 at 6:00pm on 26 August 2004, contained an item on new pricing structures at Telecom for national calls. During the item, a graphic noted the following: “Anytime Plan” National Calling: $0. 08c per minute National Capped: $2. 75 (up to two hours) Home to Mobile: $0. 48c calls to 027 & 025, $0. 55c calls to 021 & 029 [2] The correct price for national calls was in fact $0. 18c per minute....

An episode of Marcus and Joni breached the accuracy standard as it contained inaccurate and misleading information about COVID-19 vaccines and their safety. It also promoted conspiracies and advocated for ineffective remedies. The Authority found the broadcaster had not made reasonable efforts to ensure the accuracy of the programme, particularly as the guests were not recognised experts in the subjects discussed. The balance and programme information standards did not apply. Upheld: Accuracy Not Upheld: Balance, Programme Information Orders: Daystar: Section 13(1)(a) – broadcast statement; Section 16(4) – $500 costs to the Crown; Mainland: Section 16(4) - $500 costs to the Crown...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Complaint60 Minutes – Dover Samuels – Police investigation found insufficient evidence to prosecute – inaccurate to state he was "cleared" of the charges FindingsStandard G1 – inaccurate use of the word "cleared’ – does not mean "insufficient evidence" – uphold No Order This headnote does not form part of the decision. Summary A 60 Minutes item, broadcast on 17 December 2000 on TV One at 7. 35pm, looked into allegations made against Dover Samuels MP, which had been forwarded to the Police by the Prime Minister. Near the end of the item, the reporter stated that Mr Samuels had been "cleared" of previous allegations investigated by the Police. Peter Low complained to Television New Zealand Ltd, the broadcaster, that TV One had been inaccurate in using the word "cleared". Mr Low explained that the Police had used the term "insufficient evidence"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on likely ban of guided heli-hunting on conservation land – contained file footage of commercial deer recovery – footage allegedly inaccurate, misleading and unfair FindingsStandard 5 (accuracy) – footage of commercial hunting would have misled viewers to believe that it applied directly to the story – footage should have been explained to ensure that viewers understood it related to commercial hunting which is a completely different industry to heli-hunting – broadcaster did not make reasonable efforts to ensure that the item did not mislead – upheld Standard 6 (fairness) – commercial hunting industry was not an “organisation” for the purposes of the standard – not upheld No Order 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…...

Mary Anne Shanahan declared a conflict of interest and stood aside from this decision....