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Prentice and Roberts and TV3 Network Services Ltd - 1997-075–078
1997-075–078

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-075 Decision No: 1997-076 Decision No: 1997-077 Decision No: 1997-078 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by GEOFFREY PRENTICE of Auckland and GERARD ROBERTS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
University of Auckland and Radio Pacific Ltd - 1998-141
1998-141

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

Decisions
Dr X and Prime Television New Zealand Ltd - 2005-052
2005-052

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 –…...

Decisions
Gall and Television New Zealand Ltd - 2004-040
2004-040

ComplaintOne News – seabed and foreshore – Waitara hui – closing headline stated hui “disintegrated into conflict and name-calling” – allegedly inaccurate and misleading Findings Standard 5 – closing headline substantially misreported events – inaccurate and misleading – upheld Standard 6 – inaccuracy a question of scripting, not editing – Guideline 6a not applicable – closing headline unfair to organisers and participants – upheld OrderBroadcast of statementThis headnote does not form part of the decision Summary [1] A closing headline on One News broadcast on TV One on 23 September 2003 reported that the hui held that day in Waitara on the seabed and foreshore issue had “ disintegrated into conflict and name-calling. ” [2] David Gall complained to Television New Zealand Ltd, the broadcaster, that the closing headline was inaccurate and misleading, and not supported by what was reported in the main body of the news item....

Decisions
Zohs and and CanWest TVWorks Ltd - 2004-112
2004-112

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Decisions
Claridge and Blue Skies FM Ltd - 2003-054
2003-054

ComplaintNews item about community parties on New Year’s Eve – complainant named and said to be "spouting lies" and "hadn’t checked the facts" – unbalanced – unfair – inaccurate FindingsPrinciple 4 and Principle 6 – subsumed under Principle 5 Principle 5 – any response, including decline to comment, not reported – unfair – uphold No Order This headnote does not form part of the decision. Summary [1] The possibility of three venues for New Year’s Eve party-goers in Central Otago was dealt with in a news item broadcast at 6. 30am, 7. 30am, 8. 30am and midday on 21 March 2003 on Blues Skies FM in Alexandra. The Chairman of one group which had staged a successful street party for five years, expressed his anger at one of the other groups. Naming the other group’s chair, he said that she had not checked the facts and was "spouting" lies....

Decisions
George and Television New Zealand Ltd - 2011-132
2011-132

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989A Rotten Shame – investigated systematic failures in the building industry that led to the leaky homes crisis – reporter door-stepped building inspector who had inspected a house eleven years earlier which had since been demolished – portion of the interview included in the programme – allegedly in breach of controversial issues, accuracy and fairness standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsAction taken: Standard 6 (fairness) – presenter’s approach in trying to obtain comment from Mr George by door-stepping him was unfair – broadcaster’s action in upholding the complaint and apologising to the complainant in its decision was inadequate – upheld Standard 6 (fairness) – other aspects of the programme were not unfair to the complainant – item focused on systematic failures which led to the leaky homes crisis rather than on the…...

Decisions
MQ and Television New Zealand Ltd - 2011-033
2011-033

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police – twice showed the complainant being arrested and taken to the police station to “detox” after solvent abuse – complainant’s first name was disclosed and his house was shown – allegedly in breach of privacy and fairness standards FindingsStandard 3 (privacy) – complainant was identifiable due to use of his first name, full length shots of his body and clothing, footage of his property and street, recordings of his voice – complainant’s solvent abuse was a private fact – disclosure of complainant’s solvent abuse in the late 1990s would be highly offensive to an objective reasonable person – public interest did not outweigh the complainant’s right to privacy – upheld Standard 6 (fairness) – breach of complainant’s privacy was also unfair – unfair to re-broadcast footage more than 10 years after filming – upheld OrdersSection 13(1)(d) – costs to the complainant for breach of…...

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