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Decisions
SP and TVWorks Ltd - 2010-112
2010-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Noise Control – followed noise control officers working in Auckland – one officer was called to a 50th birthday party – host of the party shown arguing with him – allegedly in breach of fairness standard FindingsStandard 6 (fairness) – complainant was not fully informed of the nature of the programme and her participation – combination of factors resulted in complainant being treated unfairly – upheld OrdersSection 16(1) – costs to the complainant $7,000 This headnote does not form part of the decision. Broadcast [1] An episode of Noise Control, a reality programme following noise control officers in Auckland, was broadcast on TV3 at 8pm on Monday 2 August 2010. In one segment, the programme’s narrator stated that “noise control officer [name] is on his way to a 50th birthday bash in Ponsonby”....

Decisions
Ministry of Health and Feek and Radio New Zealand Ltd - 2003-162, 2003-163
2003-162–163

ComplaintNine to Noon – Ministry of Health official described as Deputy-Director of Clinical Services and “Disinformation” – unfair – inaccurate – unbalanced FindingsPrinciple 4 and Principle 5 – subsumed under Principle 6 Principle 6 – use of word “disinformation” unfair to Ministry and Deputy Director-General – upheld OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Dr Colin Feek, the Ministry of Health’s Deputy Director-General of Clinical Services, was interviewed on Nine to Noon, on National Radio on 10 June 2003 about an audit on the way hospitals treated patients with heart problems. At the conclusion of the interview, he was described as the Deputy Director-General of Clinical Services “and Disinformation”. [2] The Ministry of Health complained to Radio New Zealand Ltd, the broadcaster, that the comment was inaccurate, unbalanced, and unfair to both the Ministry and Dr Feek....

Decisions
Pahl and The Radio Network Ltd - 2002-087
2002-087

ComplaintNewstalk ZB – talkback – reference to named Judge "jerking off at work" – bad taste – unbalanced – anti-male FindingsPrinciple 1 – robust environment – no uphold Principle 5 – reference to named Judge unfair – majority – uphold Principle 7 and Guideline 7a – neither men nor judges denigrated – no uphold No Order This headnote does not form part of the decision. Summary [1] A High Court Judge who had viewed pornography on the Internet while at work was the subject of a talkback discussion on Newstalk ZB on 19 February 2002 at around 10. 00pm. During the broadcast, the host made a reference to the Judge "jerking off at work". [2] Dennis Pahl complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the reference was anti-male, defamatory, in poor taste and showed a "demonstrable lack of balance" in the show....

Decisions
Weir and TV3 Network Services Ltd - 2001-032
2001-032

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

Decisions
Anderson and 3 Others and Cruise FM Waikato - 2012-133
2012-133

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

Decisions
Hastings District Council and TVWorks Ltd - 2009-088
2009-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

Decisions
FS and Television New Zealand Ltd - 2012-036
2012-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Inspectors – Environmental Health Officer carried out routine spot check at fish and chip shop in Dunedin – made adverse comments about the state of the premises and delivered a food certificate downgrade from a ‘B’ to a ‘D’ – showed footage of business and of the shop owner with his face pixelated – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 3 (privacy) – shop owner had an interest in seclusion in the back part of his shop – camera crew’s actions amounted to an intrusion in the nature of prying because any consent given was not informed and did not extend to the broadcast of the footage three years after filming – intrusion highly offensive – there was a high level of public interest in the footage at the time of filming but not three years later –…...

Decisions
Aranyi & Others and Television New Zealand Ltd - 2015-036
2015-036

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, host Mike Hosking offered his views on the incident of Prime Minister John Key's repeated pulling of a café waitress' ponytail. He described the waitress' motivations for speaking out as 'selfish' and 'a puffed up self-involved pile of political bollocks'. The Authority upheld complaints that this was unfair to the waitress. While public figures can expect criticism and robust scrutiny, in the Authority's view the waitress was not a public figure. The format of the 'final word' segment did not allow for a response from the waitress so she was unable to defend herself in this context. The Authority did not uphold the remainder of the complaints. Upheld: FairnessNot Upheld: Controversial Issues, Accuracy, Discrimination and DenigrationNo OrderIntroduction[1] In April 2015 there was public disclosure of some conduct of the Prime Minister....

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