ANNUAL REPORT FOR THE YEAR ENDED 30 JCINE 1998

CONTENTS

Foreword 2 Members 5 ,f Formal Complaints 6 Code Reviews 8 , Research and Consultation 10 International Relations II , Staff 12 :'. Statements of Objectives & Service Performance 13 Financial Statements 17: Appendices 28 - Analysis of decisions 28 - Complaints determined by theAuthority 29 „

MISSION STATEMENT To establish and maintain acceptable standards of broadcasting on all New Zealand radio and television, within the context of current social values, research and the principle of self-regulation, in a changing and deregulated industry.

Submitted to the Minister of Broadcasting for presentation to the House of Representatives pursuant to clause 14 of the First Schedule of the Broadcasting Act 1989. ^ FOREWORD

I have now completed thirteen months awareness was higher than average the introduction of the levy and some as Chair of the Broadcasting Standards among older people and among those continue to object to being required to Authority. It has been a time of who occupy a higher socio-economic help finance a legislative watchdog. considerable learning, particularly about position in society. The results indicated The income from the levy has allowed the codes of broadcasting practice and overall a high level of public awareness the Authority to comply more fully with their place within the broadcasting of the Authority. industry in New Zealand. In the total its legislative role. Previously, the bulk broadcasting environment in New Questions about the Authority's of the Authority's resources, I'm told, Zealand, the Authority's role is small, purpose revealed some ambiguity were focused on the determination of but not, I believe, insignificant. All however. While many respondents complaints. While complaints, broadcasters are required to maintain a referred to "standards", a number understandably, receive the highest number of broadcasting standards in mentioned "censorship" and the control priority, the Broadcasting Act lists some their programmes. There are four of "content and quality". other core functions relating to the statutory standards: the observance of The results showed that many people development and approval of codes of good taste and decency; the indeed had an accurate understanding broadcasting practice, carrying out maintenance of law and order; privacy of the Authority's role, but significant research on matters of broadcasting of the individual; and balance. There are numbers had a mistaken impression standards, and issuing advisory opinions also the standards set out in a number and, possibly, expected proactive on standards issues and the ethical of codes of broadcasting practice censorship from the Authority. conduct of broadcasting. dealing with such matters as the The overall awareness level for the The levy income has allowed the protection of children, the portrayal of Broadcasting Standards Authority is Authority to pursue these other violence, and safeguards against very encouraging, as is the widespread functions. encouraging discrimination. The understanding of the Authority's role. Authority's functions are essentially The survey noted that television was by complaint driven and it is not involved in Complaints far the principal source of the monitoring or censorship. respondents' information. The number of decisions issued by the Authority in the past year, I am pleased Awareness of The lack of knowledge and the mistaken to report, was 177 - a drop of 22 from impressions are a matter of some the previous year. However, the the Authority concern. Because of its central role in number of complex complaints is approving codes of broadcasting increasing. This is apparent in the The Broadcasting Standards Authority is practice, and in determining complaints statistics in Appendix I which show that the avenue by which viewers and about specific programmes, the the proportion of complaints raising the listeners are able to air a grievance Authority's plans include a strategy to difficult issues of balance, fairness, about a broadcast which has not been improve public awareness of it accuracy, and privacy in the past year satisfactorily answered by the (especially among the young) and was 65%. Last year, it was 59%, broadcaster. But its value as a of its roles. and two years earlier, 44%. The watchdog depends significantly on complexity is also reflected in Output I knowledge of its existence. Levy where the percentage of complaints Since 1996, broadcasters have been determined within 40 working days required to screen or air daily a notice Since the enactment in 1996 of an after all the information has been publicising the procedure for Amendment to the Broadcasting Act, gathered has dropped from complaints. In May this year, the the Authority has been partly funded by 91% to 85%. Authority commissioned a market a levy on broadcasters. Broadcasters The Authority has to date determined research company to measure the with a total operating annual revenue in complaints "on the papers". Given the public's awareness of the Broadcasting excess of $500,000 are required to pay challenging issues dealt with in some Standards Authority, and the public's an annual levy of 0.00051 percent of current affairs items, the Authority familiarity with the complaints process. operating revenue. anticipates that hearings might become The results recorded that 81 % of the The legislative procedure devised to necessary on occasions in the future to respondents knew of the "Broadcasting collect the levy was designed to ensure that it is fully informed of the Standards Authority". They also minimise compliance costs on issues which the broadcast has disclosed that the level of name broadcasters. Broadcasters opposed examined. position in March this year. In view of from a number of fronts, including Code Reviews the requirement on the Authority to becoming better informed about In the past year, the Authority reflect the values held by New children's programming, and examining completed its research for the review Zealanders in its decisions, he has issues relating to watersheds. The of the Pay Television Code of developed a major research project Authority also acknowledges that the Broadcasting Practice. The report which will allow the Authority to current generation of parents with "Review of the Pay Television Code of establish a benchmark recording public young children is the first generation of Broadcasting Practice", and the attitudes to broadcasting standards parents in New Zealand who accompanying research "Community issues. This base will be used to themselves have been reared in an Attitudes to Adult Material on Pay compare results with earlier research, environment where television was Television", were published in October. and to monitor trends. It is hoped that reasonably widespread. Now the The research showed that a majority of it will also allow the Authority to television set is even more ubiquitous, the respondents believed that R18 compare attitudes in New Zealand to as many homes have two or three, if material should be available on pay those in some overseas countries which not more, sets. television, but almost everybody have conducted similar research. thought R18 material had an adverse effect on children. Television and Consultations Privacy Taking the submissions into account as The Authority is acutely conscious of its well as the research, the Authority's The Authority's core functions are the responsibilities to broadcasters and, recommendations included the implementation of codes of after rather sporadic efforts in past proposal for a single code of broadcasting practice, and the handling years, it has decided as a formal strategy broadcasting practice for television. of complaints. The research to consult regularly with broadcasters consultation programmes are throughout the country. Consultation is an integral part of undertaken to provide knowledge to developing codes of broadcasting The Authority has participated in media assist in these areas. The Authority practice, and the concept of a single and journalism courses taught by remains acutely conscious of the code was discussed at length in the various universities and polytechnics. broadcasting environment in which it meetings the Authority held with As part of its consultation programme, operates, and the impact that broadcasters, and in the subsequent it is visiting a range of such institutions environment has on these roles. submissions received by the Authority. to advise them of the Authority's After considering this material and In the past year, protocols relating to willingness to be involved as a resource noting the recent and ongoing the coverage of criminal trials by in relevant courses. developments in technology, the television have been developed by a Authority has recently advised Courts Consultative Committee television broadcasters that it accepts Children's comprising representatives of the justice the case for separate codes for pay and system and the media. Some matters free-to-air television. Television arising from media coverage of trials have been referred to the Authority. While the Review of the Pay Code has and Children's been the focus of the code review Media Practices Privacy is increasingly the issue raised in activities in the past year, the Authority complaints referred to the Authority has also initiated a review of the entire The Authority is continually reminded dealing with the coverage of trials. radio code. This review will include a from various sources of the concern Privacy is a concept which the specific focus on the applicability of the felt by many about children's television. Authority has explored in some detail, existing code for talkback radio. The Authority has dealt with, and is and it plans to publish shortly a dealing with this concern in several compendium of its decisions on the ways. Member, Rosemary McLeod, and matter in the near future. Research Complaints Manager, Phillipa Ballard, represented the Authority at the Upon the publication of the research Second World Summit on Children's Membership results for the pay code review, the Television in London in March this year. Authority assessed its research The Authority consists of four programme and, given the stability of its The issues surrounding children's members. In such a small group, it is current funding base, decided to employ television - including what should and essential that each person contribute a Research and Communications should not be broadcast - are complex freely and fully on the assorted matters Officer. DrWiebe Zwaga began in this and the Authority is approaching them with which the Authority deals. I am pleased to report that the In August 1991, the Authority statutory provisions still have to be Members approach their extensive recommended that liquor advertising be complied with, but if the Codes which tasks enthusiastically, and the allowed on television and radio, albeit are formulated have their genesis with contributions at the Authority meetings under strict conditions. Those the broadcasters and reflect the reflect the thorough examination they conditions are now policed by the experience of the industry, then they have given to the material before them. Advertising Standards Authority which, are far more likely to be observed in periodically, reviews them publicly. practice. The broadcasters' role as a Given the range of their backgrounds, it Authority Member Lyndsay Loates watchdog on such public interest issues is inevitable that the scope of the views was a member of the Review Team as the right to free speech, and honesty advanced by the Members emphasise which examined the current Code in and fair play in our institutions, is different aspects of matters under early 1998. absolutely fundamental. We need to discussion. Debate among strong- take care in settling any Codes that minded people need not always be My sincere thanks to Lyndsay Loates, these functions are not obstructed. unanimous. Nevertheless, I have found Rosemary McLeod and Joan Withers. the debate among the Members is While Authority meetings may be My impression is that broadcasters always constructive and while some exhausting, this is the result of dealing take their role seriously and, in general decisions are not unanimous, the with our challenges in a way which terms, strive for professionalism in what respect held for each other ensures I would like to think is both they do. From time to time of course our relationships remain harmonious conscientious and stimulating. some overstep the mark. But in the and constructive. context of the busy broadcasting environment in New Zealand this is Since my appointment in June last year, Staff relatively rare. When it happens, and a each of the other three Members complaint is made, then it is the The effectiveness of the Authority is completed their term. Two of these Authority's role to intervene. positions were then filled after dependent on the effectiveness of its consultation with the community and staff. Although there is only a small As for the viewing public, I believe they broadcasters respectively. I believe that number of staff in the Authority's are far more discerning than many the Membership should contain some secretariat in Wellington, they ensure would give them credit for. They can who are experienced in the work to that the Members remain aware of be relied upon to let their disapproval ensure consistency, along with some developments in broadcasting practice, be known when occasions require it. new blood to avoid the possibility that and are given the material to enable consistency does not become a goal in them to address thoroughly the New Zealand has a relatively itself. In other words, there must be a complaints and other issues with which lighthanded regulatory environment reappraisal of issues as necessary. they must deal. Relationships between for its broadcasters - certainly when the Members and staff continue, compared with some of our I would like to think that both these I believe, to be harmonious. commonwealth counterparts. ideals are to be found in the present Some would say it is too light, others Authority. Lyndsay Loates was would not agree. It is not for the reappointed, filling the role of Conclusion Authority to pass a judgment on this: community representative. After that is a matter for the politicians. My first 13 months as the Authority's broadcasters had been consulted, Joan But from my perspective the balance Chair has left me with a favourable Withers replaced Allan Martin. She feels about right. impression of both the Authority and brings to the Authority an extensive the broadcasters with whom it comes background in radio, and an into contact. understanding of the industry which has proved valuable to the Authority. Contrary perhaps to popular belief, the Rosemary McLeod was reappointed as Authority carries no candle for more a Member. regulation as a panacea for shortcomings in broadcasting. And it I would like to thank Allan Martin for Sam Maling has no appetite to proscribe either. his contribution to the Authority. Chairperson His approach to the issues before the The Broadcasting Act requires the Authority invariably included the Authority to encourage broadcasters significant wisdom he had acquired to develop their own Codes of through his contributions to Practice appropriate to the type of television broadcasting in broadcasting they undertake. That is New Zealand. much the best way. Of course the Lyndsay Loates Rosemary McLeod Joan Withers Sam Maling Auckland, began her term on A Wellington-based journalist, Joan Withers MBA, of Auckland, Sam Maling LLB, a senior the Authority in July 1994. was appointed to the Authority joined the Authority in August litigation partner in the She has worked as a professional in May 1995. She has won 1997. A former Chief Executive Christchurch law firm of Lane journalist both in New Zealand numerous journalism awards for of the Radio Network of New Neave Ronaldson, was appointed and overseas and has won investigative reporting, feature Zealand, her career in media Chairperson of the Authority in several national journalism writing and column writing. management spans almost June 1997. He is a director of awards. After a period as deputy She has also had extensive 20 years. She is now a company Pyne Gould Corporation Ltd editor and senior feature writer experience as a television drama director, currently holding and Aspinall (NZ) Ltd. with More Magazine, she has script writer and editor and has directorships on the boards He is also a former Vice worked as a freelance journalist. worked as a news reporter for of Ceramco Corporation Ltd, President of both television and radio. Auckland International Airport the New Zealand Law Society. Ltd.The Warehouse Group Ltd, and the Auckland Trotting Club. V FORMAL COMPLAINTS

The determination of formal (i) Balance, The Authority is required to examine complaints continues to be the Fairness and such complaints in "context", and Authority's central focus. The therefore it is vitally important that Authority issued its first decision on Accuracy Members remain in touch with 19 January 1990. By 30 June 1998, community standards and are aware of eight and a half years later, it had Nearly 50% of the complaints referred changes that occur. Furthermore, released 1,119 decisions. The to theAuthority in 1997/98 involved "context" not only includes the tone assessment of complaints over the issues of balance, fairness, and accuracy. of the full programme to which years has involved, and still involves, This proportion has increased over objection is taken, but also such more than 50% of the Authority's total the years from between 35 to 40% in matters as the hour of broadcast, resources and an estimated 80% of the past. Some of these complaints warnings (if any), and the type of the Members' time. involve an allegation that television broadcaster (eg it might be relevant news has not dealt with the issue in a that the item occurs during a talkback For only the second occasion since fair and balanced way. Others make session, or is broadcast by a student 1990, the number of complaints the same complaint about magazine radio station). determined in the current financial style programmes and radio. Although year was below the number these complaints in the main focus The overall decline in the number of determined in the previous year. The on relatively short items, they complaints has not eventuated in a number released totalled 177. This require a careful evaluation of the decrease in the amount of time which was a decrease of 22 (or I 1%) when topic canvassed. complaints of this type require of the compared with 199 decisions issued in Authority's Members. 1996-1997. Some of the balance, fairness and accuracy complaints refer to the But despite the reduction in numbers, broadcast of substantially longer items (Hi) Alcohol there was an increased complexity in on programmes such as 60 MINUTES, Promotion many of the complaints received and, 20120, ASSIGNMENT, or to documentaries as a consequence, considerable time broadcast by either TV3 or TVNZ. The number of complaints about was spent in thoroughly examining Sometimes the complainant is a party Alcohol Promotion has decreased cases before a decision could be dealt with in the programme or a substantially in the past few years. In reached. Given the overall trend since spokesperson for that party. Usually the early 1990s, issues of alcohol 1990, it seems unlikely that the this complainant is very well informed promotion and alcohol advertising number of complaints will reduce about the subject discussed. Such were raised in more than 20% of the significantly in the immediate future. complaints require a thorough complaints determined by the It now seems to be clear that the consideration by the Authority of all Authority. In the last financial year, Authority must plan in various ways the issues explored during the only one decision (out of 177) was a to expedite earlier decision-making on broadcast. complaint about alcohol promotion. the more complex issues. They are not easy to determine. While a dissatisfied complainant may appeal the Authority's decision (iv) Privacy to the High Court, the Authority Issues Raised acknowledges that this option may be Under s.4(l)(c) of the Broadcasting costly. Generally speaking, the parties Act, a complaint may allege that a in Complaints look to the Authority as the forum broadcast amounts to a breach of an where the complaint will be dealt with individual's privacy. Privacy is the Perhaps, contrary to expectations, and assessed conscientiously and in an complaint category which has shown and as comments in past Annual unbiased manner. the most substantial increase in the Reports have pointed out, the The Authority needs to make sure past year both by way of proportion unique factors of each complaint that its approach meets these and absolute number. Between mean that it is rare to be able to expectations. January 1990 and June 1997, the reach quick decisions by referring to Authority determined 52 privacy earlier decisions. Precedents have complaints out of 942 (or 5.5%). been established and are of (ii) Good Taste From July 1997 to June 1998, the considerable use. This is particularly and Decency Authority determined 30 privacy so in the area of privacy. complaints out of 177 (17%). This While it is acknowledged that trend has been increasing for the past While earlier decisions are never complaints which focus on the two years. prescriptive about the outcome in question of good taste and decency subsequent similar complaints, they generally take less time to determine, In determining privacy complaints, do provide the Authority with an they are also challenging. Community many of which involve complex factual indicator of the resources required standards and expectations do not situations, the Authority applies the for later determinations. remain static. Applying these privacy principles released in an standards within a broadcasting Advisory Opinion dated June 1992, The main types of complaints are dealt environment requires care and and updated in an Opinion released in with briefly. judgment. May 1996. WHEN DEALING WITH PRIVACY COMPLAINTS, THE AUTHORITY IS FREQUENTLY REQUIRED TO BALANCE THE INDIVIDUAL'S PRIVACY AGAINST THE PUBLIC'S RIGHT TO KNOW. THESE CONCEPTS ARE OFTEN VERY FINELY BALANCED.

THE AUTHORITY HAS DECIDED TO PUBLISH IN THE FORTHCOMING YEAR A RECORD OF ALL THE DECISIONS IT HAS ISSUED ON PRIVACY COMPLAINTS. IT IS HOPED THAT THIS WILL ASSIST BROADCASTERS WITH THEIR DECISION-MAKING IN THIS INCREASINGLY COMPLEX AREA.

Broadcasters 1993/94 1994/95 1995/96 1996/97 1997/98 Complained F] NUMBER ISSUED JsJ NUMBER UPHELD ^ NUMBER INWHICH ORDERS IMPOSED About

THE ATTACHED TABLE RECORDS THE BASIS OF COMPLAINT PERCENTAGE OF COMPLAINTS AGAINST EACH BROADCASTER. FURTHER DETAILS ARE PROVIDED IN APPENDIX I AND APPENDIX II. IN SUMMARY, 76 (43%) OF THE COMPLAINTS CONCERNED PROGRAMMES BROADCAST ON TVNZ. A TOTAL OF 12 (16%) WERE UPHELD, AND 64 (84%) WERE NOT UPHELD. THE EQUIVALENT FIGURE FOR TV3 ARE 45 (25% OF THE TOTAL COMPLAINTS), OF WHICH TEN (22%) WERE UPHELD AND 35 (78%) DECLINED. RNZ ATTRACTED 15 COMPLAINTS TO THE AUTHORITY OF WHICH 2 WERE UPHELD AND 13 DECLINED. NINE COMPLAINTS WERE MADE AGAINST PROGRAMMES BROADCAST BY THE RADIO NETWORK. ONE WAS UPHELD AND EIGHT DECLINED.

THE AUTHORITY IS AWARE THAT SOME RADIO BROADCASTERS CONSIDER THAT THE BROADCASTING ACT, AND THE AUTHORITY, IS RELEVANT MAINLY TO TELEVISION COMPLAINTS BY BROADCASTER BROADCASTERS. RADIO BROADCASTERS, IT IS CONTENDED, DO NOT FALL FOUL OF THE STANDARDS TO THE SAME DEGREE. FOR THE RECORD, THE AUTHORITY NOTES THAT OF THE 177 COMPLAINTS DETERMINED IN 1997- 98, 127 (72%) APPLIED TO TELEVISION BROADCASTERS AND 50 (28%) TO RADIO BROADCASTERS. THE DECISION RATIO FOR TELEVISION COMPLAINTS WAS 18% UPHELD AND 82% DECLINED. FOR RADIO, THE EQUIVALENT PERCENTAGES WERE 36% AND 64%. Orders THE AUTHORITY REITERATES THE POINT MADE IN LAST YEAR'S REPORT THAT THE ORDERS THAT IT IMPOSES WHEN A COMPLAINT IS UPHELD ARE DESIGNED TO BE REMEDIAL RATHER THAN PUNITIVE. TWENTY orders were imposed in the last The second matter finalised was an that the Authority had not acted financial year, and most of them appeal by TVNZ which came to a within its proper discretion. involved a financial imposition - either hearing. In his ruling on the appeal by costs to the Crown or, when a privacy TVNZ against the Authority's The third appeal resolved in the past complaint was upheld, compensation decision on a complaint by Southland year was brought by Radio New to the complainant. Seven orders Fuel Injection Ltd, Doogue J Zealand Ltd against the decision for compensation were imposed, of emphasised that the High Court's of the Authority on a complaint which five were for $250 and two jurisdiction was to determine the from the Hon Murray McCully for $500. appeal as if the decision appealed about a Morning Report item. The against had been made in the exercise appeal was upheld. The High Court The Authority may impose an order of a discretion. It was not an appeal considered that the Authority had for costs to the Crown up to a by way of a rehearing. He dismissed given insufficient attention to the maximum of $5000. Ten orders for TVNZ's appeal on this occasion on the opportunity offered to the Minister costs were imposed. One was for basis that the Authority was fully to respond in a later broadcast $3,000, two for $750, three for $500, entitled to reach the conclusion that it to the then opposition housing and four for $250. did, and that there was no basis to say spokesperson. The Authority may also order the broadcast of an apology or a summary of its decision. It required the broadcast of one of each. g CODE REVIEWS Finally, in relation to two complaints, the Authority, using powers conferred In the past financial year, the Review of The Summary also pointed out that under s. 12 of the Broadcasting Act, the Pay Television Code has dominated the Authority had conducted a major ordered a broadcaster to make the Authority's work in the code public opinion survey in which it material available to it. review area. The central importance sought to ascertain community views of this Review resulted in the deferral about the broadcast of adult material earlier in the year of an examination on pay television. It wrote in the Appeals of some other codes. While the Report released in 1997: Review of the Pay Code continues as The results of that survey reveal A complainant or a broadcaster is an important task for that a majority of people think entitled as of right to appeal a the Authority, the substantial progress that pay television subscribers decision of the Authority to the High now achieved means that attention should be able to see a wide range Court. Appeal action was taken on can now be given to the current of programmes including RI8. five occasions in the past year, on four relevance of some of the other codes They express concern about occasions by the broadcaster, and of broadcasting practice. access by children to adult once by the complainant. On two material, and show a preference occasions, the appellant (one for it to be broadcast late at night. broadcaster and one complainant) When asked whether the rules failed to comply with the time limits Review of the should be the same for pay and laid down in the Broadcasting Act free-to-air television, respondents and the appeal was not accepted. Pay Television are equivocal, although there is a Three other appeals were each slight preference for a single code filed by solicitors acting forTV3, Code - of practice for all television and the matters have yet to be broadcasters. heard. The Report It is the Authority's considered Three appeals filed in earlier years After evaluating carefully the view that: results of the survey of public opinion were finalised in the past financial 9 Time band restrictions should on adult material on pay television, year. be standardised for pay and and the submissions from the public free-to-air television and RI8 A notice of appeal on behalf of earlier received, the Authority films should not be broadcast Comalco New Zealand Ltd in decided to put some recommend­ until 10.00pm. relation to a decision on a complaint ations before the television industry. about a Frontline item was receivedTh e Review was released in October # It is confusing to viewers that by the Authority in May 1994. 1997 and the Executive Summary the pay television code used There have been a number of hearings observed that all broadcasters, the same classification symbols over the years in regard to procedural including subscription service providers, as films and videos, even aspects of this complaint, both in the were required by the Act to maintain though restrictions cannot be High Court and the Court of Appeal. standards of good taste and decency, applied to a broadcast medium. The appeal itself had not reached and standards consistent with the This confusion must be a hearing and, in March this year, the codes of practice. These standards removed. solicitors for Comalco brought the relate to protection of children, the • A single code of practice for action to an end by filing a Notice of portrayal of violence and safeguards all television broadcasters is Discontinuance. against discrimination. appropriate. The Authority will develop a draft and continuing advances in technology, research for the Pay Code Review was code as a basis for consultation coupled with the need to maintain completed and the report had been with broadcasters, which will flexibility in an industry facing dynamic released, the Authority decided to incorporate: change, overwhelmingly made a case focus on the issue of the standards for for separate codes for pay and free- talkback radio. However, upon • One system of classification to-air television. It has now asked the initiating this process, it rapidly using symbols which are pay broadcasters to work with it to became apparent that there were distinct from those used for settle the contents of a new code. A other aspects of the Radio Code the film and video industries. working party has been formed which needed updating. 0 Time zone restrictions for comprising representatives from the adult material. principal pay television operators and The Authority had also come to the Authority staff. The review of the conclusion, during its review of the • Appropriate warnings for free-to-air code has been deferred Pay Code, that while the television programmes advising viewers temporarily while the pay code is code was substantially sound, there of the content. being reviewed. were a number of aspects which were no longer directly applicable, given the • Classification of promos. The Authority has also concluded at changes both in technology and The research report entitled this stage that: broadcasting practices. The Authority "Community Attitudes to Adult came to a similar conclusion when • The 8.30pm watershed for examining and talking to radio Material on Pay Television" programmes with more adult themes was released at the same time. broadcasters about the current or content should be retained. Radio Code. • Classification systems on both pay Review of the and free-to-air should be The Authority has decided to adopt a standardised, where possible. similar process for the Radio Code review as it did to the Television Code. Pay Television It is sometimes overlooked by critics Thus, Radio New Zealand Ltd, the that the classification of a programme Radio Broadcasters Association, and Code - Ongoing is the responsibility of the broadcaster. Iwi stations have been asked to review Consultations Furthermore, that broadcasters have the entire code to ensure that all the an ongoing obligation to comply with provisions remain relevant. the standards and requirements of the It has again been suggested that The Broadcasting Act envisages that Broadcasting Act, notwithstanding the broadcasters form a group to work code development will involve particular classification given to a film with the Authority on the review. extensive consultation between the or to a broadcast. Authority, broadcasters and other In addition, the radio broadcasters interested parties. Indeed, it is implied TheAuthority has also advised all have been asked to consider in that the usual process will entail the television broadcasters nevertheless, particular two matters which, the industry drafting a code which is put that in view of the overriding Authority believes, are not necessarily before the Authority for approval. requirements in the Broadcasting Act, dealt with adequately in the current it expects there to be many similar code. These concerns focus on the Having released the Review, the standards in the pay and free-to-air standards which relate to talkback and Authority then undertook a codes. Access radio. comprehensive consultation with the television broadcasters - both pay and free-to-air. Central to the The codes on standards and broadcasters' concerns was the Other Reviews fairness give guidance on recommendation for a single code of good practice which all practice for pay and free-to-air. The applicability of the current Radio broadcasters are required to Code of Broadcasting Practice to icflect Reseat ch and The Authority met with broadcasters, talkback radio has been a challenge consultation provide the basis and subsequently called for detailed both to talkback broadcasters and the for these guidelines. submissions. It concluded that recent Authority for some years. When the V RESEARCH AND CONSULTATION

Limitations on its ability to conduct violence, good taste and decency, Programme Standards Manager,TVNZ. adequate research, due to financial balance and fairness, and children's The Authority is represented by Dr constraints, has been a recurring media habits. Zwaga, Dr Stace, Executive Director, theme in the Authority's Annual and Ms Phillipa Ballard, Complaints Reports. However, as explained in last The proposal calls for focus groups to Manager. The Authority thought it of year's report, the Authority's financial precede the quantitative study to particular importance that situation was dramatically improved ensure that concepts are addressed in broadcasters be represented, and it with the enactment of an amendment the public opinion survey in a manner was delighted when Mr Edmunds was to the Broadcasting Act in 1996. familiar to respondents. It is also nominated to represent the free-to-air It provided for a levy of 0.00051 suggested that the substantial television broadcasters. per cent of operating revenue on benchmark study be followed up with broadcasters, providing the trend monitors which focus on Consultation is the other aspect of broadcaster's total annual operating specific standards issues, and assess Dr Zwaga's newly-created position. revenue is in excess of $500,000. changes in attitudes. The Authority has made an effort over the years to engage in consultations This income allowed the Authority to The proposal emulates to some with broadcasters throughout the survey public opinion as part of its extent the research carried out under country. In the past, such review of the Pay Code. The the auspices of the Broadcasting consultations have tended either to be Authority was fortunate to have the Standards Commission in the United sporadic, or to have focused on services of Linda Sheldon as a Kingdom. To assist in the research, immediate issues. research consultant for the survey. both at conceptual and Ms Sheldon had formerly been the methodological levels, the Authority The appointment of Dr Zwaga to a research director for the Australian has been in contact with the BSC to position which included Broadcasting Authority. take advantage of the methodological communications was designed to remedy practices which were found useful this. The process of consultation was The Authority's review of the Pay there. begun in May 1998. A range of issues Code was written by Ms Phillipa were put to broadcasters when Dr Stace, Ballard, the Authority's Complaints The Authority formed a Consultative accompanied by Dr Zwaga, visited the Manager. She also took the Committee to give it expert advice principal radio and television broadcasters responsibility for preparing the report when it carried out the research into throughout New Zealand. Although this on the Authority's concurrent community attitudes towards adult programme is not yet completed, research on community attitudes. material on television. It found the broadcasters have expressed their While she was involved in this work, advice which it was given added appreciation at the interest shown by her complaints workload was carried substantially to the quality of the the Authority's representatives in the out by other members of the research undertaken, and ensured that issues discussed. The Authority intends Authority's staff. the research was of a high standard. to maintain the closer relations that The competence of the Consultative have been established. On the release of the reports in Committee gave the Authority October 1997, the Authority confidence that any potential criticism While the Authority at present examined its responsibilities and its of the research could be refuted. participates in the teaching structure and decided to employ a programme at a number of Research and Communications Officer. In view of the added value of the universities and polytechnics, the DrWiebe Zwaga started in this Consultative Committee to the consultation process has also position in early March 1998. Dr research on attitudes to adult involved visits by Dr Stace and Zwaga has a Ph.D in sociology and material, the Authority decided to Dr Zwaga to the leaders of media was recently employed by the New form a similar committee to assist and journalism courses throughout Zealand Broadcasting School at with its current research into the country. Christchurch Polytechnic. As the title attitudes to broadcasting standards. The educational institutions have of the position records, Dr Zwaga has The Committee includes Professor been advised that the Authority is two distinct functions. In the area of Michael Hill, Sociology Department at keen to continue to take part in research, he has developed a proposal Victoria University; Reece Walters, courses which study broadcasting for a substantial ongoing piece of Institute of Criminology,Victoria standards and regulatory agencies, research to provide an up-to-date University, Dr Jenny Neale, Research and to help students gain a deeper public opinion on broadcasting Dean at Victoria University; Garry appreciation of both the standards issues. It is proposed that Dickinson, formerly Chief broadcasting standards regime, the survey will measure attitudes to Mathematician with the Department and the standards expected of such standards matters as television of Statistics; and Mr David Edmunds, broadcasters. i INTERNATIONAL RELATIONS

Media internationalisation is already a Exhibition and Conference in Sydney. Of equal importance, the occasion truism. The death of Princess Diana It was an ideal opportunity to gather provided the opportunity to meet exemplified the reality of the global up-to-date information on the people from broadcasting regulatory village. The next major challenge for advances in technology - specifically regimes from a number of countries. the Authority will be convergence. the standards issues raised by Of particular relevance were the digitalisation - in both television and meetings convened by the In a recent paper released by the radio. There was one theme apparent Broadcasting Standards Commission in European Commission, "convergence" at the conference which even the the United Kingdom. was said to be most commonly technologists, when confronted, Such meetings are of particular expressed as: admitted was highly relevant. It was importance as agencies realise that acknowledged that despite the the issues they face are, in many The ability of different network rhetoric of technologically neutral instances, common concerns. platforms to carry essentially legislation and free market decision Not only are procedures adopted similar kinds of services, or the making, the history of broadcasting elsewhere assessed for their coming together of consumer involves considerable government application in each member's own devices such as the telephone, intervention. The Authority must, country, but networks are established television and personal computer. when approving codes of broadcasting to enable ongoing liaison by way The ability of the Authority to deal practice and determining formal (usually) of email. effectively in a world which has fully complaints, remain aware of both converged is open to question. advances in technology and political The approach in New Zealand to Meanwhile, given the increasing decision making. regulatory standards for radio internationalisation of the media and broadcasters was explained when the This duality was clearly apparent to the need to keep abreast of Chair (Sam Maling) addressed the the Executive Director who, while in technological and regulatory Commonwealth Broadcasting Sydney, agreed to an urgent request to developments, the Authority is Association conference in Gibraltar in make a submission in Canberra to the proactively seeking opportunities to May this year. The delegates from Australian Senate's IT Committee on participate in conferences which look other commonwealth countries the Authority's approach to privacy at broadcasting standards issues displayed considerable interest in the complaints. The Senate Committee's across borders. The Authority has process followed in New Zealand. mandate included the task of found that the approach in New investigating privacy issues within the Zealand to broadcasting standards In addition to the gatherings listed media. issues has been of considerable above, the Authority is represented at meetings, seminars and conferences in interest to delegates from other While in Sydney, the Executive New Zealand which in some way deal countries. Director took the opportunity to with issues of broadcasting standards. meet with a number of members and As noted in last year's report, the staff of the Australian Broadcasting In February this year in Auckland, Authority's Executive Director Authority, and to discuss issues of Members, Lyndsay Loates and Joan attended the meeting of the mutual interest. Broadcasting Regulatory RoundTable Withers, and staff, Michael Stace, for Asia and the Pacific in Tokyo in The first World Summit on Children's Phillipa Ballard, and Di Berry, June 1997. The meeting for 1998 Television was held in Melbourne in attended the Media Ethics Conference has been deferred until September 1995. The Authority was represented and workshop. As the programme given the economic state in the by a Member and the then Executive dealt with a number of aspects of host country - South Korea. It is Director (Lyndsay Loates and Gail broadcasting standards, the planned that Mr Sam Maling, Powell). The second World Summit Authority sponsored the the Chair, will attend. was held in London in March this year conference to the sum of and the Authority decided that it was $2,000. The Australian Key Centre for appropriate again to be represented Much of the discussion literally Cultural and Media Policy organised a by a Member - Rosemary McLeod, and took place in the dark (during conference in Sydney in November a staff member - Phillipa Ballard. 1997 entitled Cultural Crossroads: Auckland's power crisis), but the Ownership.Access and Industry. The issue of television broadcasting Authority's representatives found The Authority decided that this was standards for children is one of the the thoughtful way in which the an appropriate occasion for wider more difficult faced by the Authority issues were approached illuminating, dissemination of the Pay Code Review because of what some regard as its and of considerable value. The and accompanying research. detrimental influence, while as the Authority's approach to privacy Accordingly, Phillipa Ballard and research in New Zealand and was commented on vigorously - by Linda Sheldon addressed conference elsewhere has shown, it is also one of some in support, and by others who workshops on these issues. the more important concerns for were critical. The conference viewers. By its participation, the reinforced the message for the In February this year, the Executive Authority is able to remain abreast of Authority that broadcasting standards Director represented the Authority at current international thinking on this often involve ethical issues and values the Australasian Cable and Satellite complicated issue. which are central to our society. ^ STAFF

The small number of Authority staff in her position at a time when the experience with the New Zealand handle the workload in a competent complaints were becoming increasing Broadcasting School in Christchurch. manner. The experience of the staff in complex, she has settled well into the He also has experience as a Research their positions is such that they are position. As detailed earlier, DrWiebe Director with a market research each able to handle a variety of tasks. Zwaga was appointed in March 1998 company in Amsterdam. Complaints Executive Felicity Steel to the new position of Research and The Authority Members record their resigned in late 1997 and she was Consultation Officer. He has relevant appreciation for the able way the replaced by Di Berry. Di has had academic qualifications and teaching staff conscientiously fulfil their extensive legal experience in New experience from Victoria and Massey duties. South Wales and although she started Universities, as well as teaching

STAFF

Michael Stace LLM, D.Jur. Executive Director Phillipa Ballard M.A., LLB Complaints Manager Wiebe Zwaga M.A., Ph.D. Research and Communications Officer Di Berry B.A, LL.B. Complaints Executive Elizabeth Wallace Financial Controller Deborah Houston Office Manager Madeline Palmer Receptionist

OFFICE

2nd floor, Lotteries Commission Building 54-56 Cambridge Terrace, PO Box 9213 Wellington, New Zealand Telephone: 64 04 382 9508 Facsimile: 64 04 382 9543 email: [email protected] website: http.//www.bsa.govt.nz STATEMENT OF OBJECTIVES & SERVICE PERFORMANCE

OUTPUT 1 DETERMINE FORMAL COMPLAINTS

THE AUTHORITY WILL DETERMINE COMPLAINTS REFERRED AFTER CONSIDERATION BY THE BROADCASTER OR PRIVACY COMPLAINTS SENT DIRECTLY TO THE AUTHORITY, AS PROMPTLY AND INFORMALLY AS POSSIBLE, MINDFUL OF THE QUASI-JUDICIAL NATURE OF THE AUTHORITY AND FOLLOWING THE PRINCIPLES OF NATURAL JUSTICE AND OTHER REQUIREMENTS OF THE ACT 1989.

TFE, OUTCOME

IMPROVED COMPLIANCE WITH THE BROADCASTING STANDARDS.

|^ TIMELINESS THEAUTHORITY WILL ISSUE DECISIONS WITHIN 40 WORKING DAYS OF RECEIPT OF FINAL COMMENT FROM ALL PARTIES, UNLESS DELAYED BY COURT PROCEED­ INGS. COMPLAINTS ON PARTY POLITICAL ADVERTISING WILL BE FAST-TRACKED AND DECISIONS ISSUED WITHIN 48 HOURS OF RECEIPT. DECISIONS WILL BE DESPATCHED TO THE PARTIES WITHIN A DAY OF DATE OF SIGNATURE. QUALITY THEAUTHORITY WILL RECOGNISE COMMUNITY STANDARDS AND EXPECTATIONS, THE PRODUCTION REALITIES WHICH BROADCASTERS FACE, RESEARCH FINDINGS AND INTERNATIONAL PRACTICES WHEN RELEVANT. DECISIONS WILL BE, AND WILL BE SEEN TO BE, PRINCIPLED, FIRM, JUST AND RELEVANT BY THE COMPLAINANT, PUBLIC AND BROADCASTERS. THEY WILL BE WRITTEN IN A CONCISE AND LOGICAL MANNER AND EXPLAIN CLEARLY THE AUTHORITY'S REASONS AND EXPECTATIONS. COMPLEX DECISIONS WILL BE SUMMARISED FOR THE MEDIA TO ENSURE ACCURATE REPORTING. THE HIGH QUALITY OF THE DECISIONS WILL BE MAINTAINED BY A QUALITY MANAGEMENT PROCESS INCORPORATING AN IN-HOUSE REVIEW OF THE DRAFT DECISION AND A REVIEW BY AT LEAST ONE AUTHORITY MEMBER BEFORE THE DECISION IS FINALLY APPROVED BY THE CHAIRPERSON. SANCTIONS WILL BE FAIR AND EFFECTIVE. THE AUTHORITY WILL EXERCISE ITS POWER TO ORDER A BROADCASTER TO PAY COSTS TO THE CROWN IN A FAIR AND REASONABLE MANNER. THEAUTHORITY WILL RESPOND TO ALL QUERIES ABOUT FORMAL COMPLAINTS PROCEDURES IN A HELPFUL AND "USER-FRIENDLY" MANNER AND PROVIDE ACCURATE AND FULL INFORMATION WHILE MAINTAINING IMPARTIALITY.

W QUANTITY

THIS NUMBER IS DEMAND DRIVEN AND IT IS EXPECTED THAT BETWEEN 175 - 200 COMPLAINTS WILL BE RECEIVED.

PERFORMANCE

DEAL EXPEDITIOUSLY WITH ALL COMPLAINTS RECEIVED ACHIEVED ISSUE DECISIONS WITHIN 40 WORKING DAYS AFTER RECEIPT OF FINAL COMMENT UNLESS DELAYED BY COURT PROCEEDINGS 85% SEEK VIEWS OF THE FORMAL COMPLAINTS PROCESS UNDER THE BROADCASTING ACT UNDERWAY

1993/94 1994/95 1995/96 1996/9? COMPLAINTS RECEIVED 168 162 179 206 174

COMPLAINTS DETERMINED TOTAL DECISIONS ISSUED: 151 144 171 199 177 UPHELD (ALL OR IN PART) 54 50 50 42 41 NOT UPHELD 97 94 121 157 136' INTERLOCUTORY DECISIONS 1 ILLISIL DECLINED JURISDICTION (TIME BAR, ETC) 12 9 13 8 5 WITHDRAWN 11 10 4 G O 13 ORDERS 9 7 19 13 20

ADVISORY OPINIONS 2

DECISIONS ISSUED WITHIN 40 WORKING DAYS 81% 84% 92% 91% 85%

ACTUAL2 FINANCIAL $492,114 $447,845 % OF TOTAL RESOURCES 51 % 58% MEMBERS' TIME 80% 80%

Notes I INCLUDES 11 DECISIONS WHICH THE AUTHORITY DECLINED TO DETERMINE 2 INCLUDES A PORTION OF OVERHEADS OUTPUT 2 REVIEW CODES OF BROADCASTING PRACTICE

The Authority, mindful of public views, local and international practices and research findings, will assess the adequacy of the codes developed by the broadcasters. If the codes do not appear adequate, the Authority will encourage broadcasters to develop new standards which meet the Authority's concerns. As a last resort, the Authority will impose codes.

V OUTCOME Adequate and easily understood codes which contribute to acceptable standards on radio and television.

V TIMELINESS A code will be reviewed when it is shown to be inadequate, either during consideration of formal complaints or where there is significant demand by broadcasters or the public for a review.

Ipr QUALITY The Authority will consult extensively when undertaking a formal review of a code. The review will be handled in a professional manner including announcing the review publicly and providing detailed information to all known interested parties. Discussion papers about the parameters of the review and the time frame will be clearly written and distributed widely. Public input will be thoroughly assessed and all viewpoints given careful consideration.

PERFORMANCE

Actual Complete the review of pay television code In progress Consult with broadcasters on consequent amendments to the codes Ongoing Consult with broadcasters on standards for talkback programmes Underway Continue to investigate the appropriateness of the television code for the protection of children Ongoing Consult with broadcasters on the standards for commercial radio Underway

Financial $107,053 l!§||§|§! % of total resources 11% $93,372 Members" time 12.5% 12% 12.5%

Notes I Includes portion of overheads OUTPUT 3 RESEARCH

As resources permit, the Authority will use its own staff and commission experienced researchers to conduct New Zealand-specific research on broadcasting standards and community views and publish the findings.

^ OUTCOME Expanded knowledge so that the Authority's ability to improve codes and determine complaints is enhanced and thereby assisting broadcasters in maintaining standards acceptable to ordinary viewers and listeners.

QUALITY Research priorities will be carefully assessed based on the Authority's strategic goals and public concerns. Both internal and commis­ sioned research will meet all the professional criteria for quality research. Findings will be published as soon as they are available. The Authority will use a range of consultation techniques, which take account of geographical spread and minority views, to keep in touch with the opinions of New Zealand viewers and listeners. Local consultations will be advertised widely and handled in a friendly and informal manner.

PERFORMANCE

Complete the examination of the different and confusing classification codes used in New Zealand and investigate the possibility of a unified system of classification Achieved Investigate research on "protection of children" issues Ongoing Consider repeating a monitor of television violence and examine trends Achieved Publish all relevant research reports Achieved

Financial $268,602 $171,278 % of total resources 28% 22% Members' time 5% 5%

Notes I Includes portion of overheads OUTPUT 4 PUBLICATIONS, INFORMATION AND PROMOTION

The Authority will use appropriate opportunities to stimulate debate about standards matters, the role of the Authority and the way individuals and groups can influence broadcasters' decisions about standards issues, including use of the formal complaints process.

OUTCOME Raised awareness about standards matters.

ftw QUALITY Published information will be easily understood, eye-catching and professionally produced. Essential material will be published in English, Maori and Samoan languages.

ibi TIMELINESS The Authority will release public statements at every appropriate opportunity to publicise its work. New editions of the codes and brochures will be published as soon as is practicable after changes are made. Subscription copies of decisions will be despatched 48 hours after the decision is sent to the parties.

PERFORMANCE

Continue to publish in English, Maori and Samoan the Complaints Procedures brochure and distribute the Codes of Broadcasting Practice Achieved Continue to publish and distribute widely, free of charge, the brochures about the procedures for making formal complaints Achieved Continue to offer a subscription service for the Authority's decisions Achieved Develop, in liaison with appropriate groups, an educational kit to use in schools to increase understanding of standards issues Underway Publish the Authority's decisions and other information on the internet Achieved • Liaise with the industry in the exploration of issues relating to ethical broadcasting conduct Ongoing

WAV Financial $98,751 $65,987 % of total resources 10% 8% Members' time 2.5% 2.5%

Notes I Includes portion of overheads BROADCASTING STANDARDS AUTHORITY FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 1998

CONTENTS

Statement of Responsibility and Report of the Audit Office

Statement of Financial Performance

Statement of Movement in Public Equity

Statement of Financial Position

Statement of Cash Flows

Statement of Accounting Policies

Notes to the Financial Statements ^ STATEMENT OF RESPONSIBILITY

The Board and management of the

Broadcasting Standards Authority

is responsible for the preparation of these financial

statements and the judgments used herein.

The Board and management of the

Broadcasting Standards Authority is responsible

for establishing and maintaining a system of

internal control designed to provide reasonable

assurances as to the integrity and reliability

of financial reporting.

In the opinion of the Board and management,

these financial statements

fairly reflect the financial position and operations

of the Broadcasting Standards Authority

for the year ended 30 June 1998.

Sarn Maling Michael Stace CHAIRPERSON EXECUTIVE DIRECTOR Audit New Zealand REPORT OF THE AUDIT OFFICE TO THE READERS OF THE FINANCIAL STATEMENTS OF BROADCASTING STANDARDS AUTHORITY FOR THE YEAR ENDED 30 JUNE 1998 We have audited the financial statements on pages 13 to 16 and pages 20 to 27. The financial statements provide information about the past financial and service performance of Broadcasting Standards Authority and its financial position as at 30 June 1998. This informa­ tion is stated in accordance with the accounting policies set out on pages 23 and 24. %p RESPONSIBILITIES OF THE AUTHORITY The Public Finance Act 1989 and the Broadcasting Act 1989 requires the Board to prepare financial statements in accordance with generally accepted accounting practice which fairly reflect the financial position of Broadcasting Standards Authority as at 30 June 1998, the results of its operations and cash flows and the service performance achievements for the year ended 30 June 1998. AUDITOR'S RESPONSIBILITIES Section 43(1) of the Public Finance Act 1989 requires the Audit Office to audit the financial statements presented by the Board. It is the responsibility of the Audit Office to express an independent opinion on the financial statements and report its opinion to you. The Controller and Auditor-General has appointed John O'Connell, of Audit New Zealand, to undertake the audit. _ BASIS OF OPINION An audit includes examining, on a test basis, evidence relevant to the amounts and disclosures in the financial statements. It also includes assessing: the significant estimates and judgements made by the Board in the preparation of the financial statements; and whether the accounting policies are appropriate to Broadcasting Standards Authority's circumstances, consistently applied and adequately disclosed. We conducted our audit in accordance with generally accepted auditing standards in New Zealand. We planned and performed our audit so as to obtain all the information and explanations which we considered necessary in order to provide us with sufficient evidence to give reasonable assurance that the financial statements are free from material misstatements, whether caused by fraud or error. In forming our opinion, we also evaluated the overall adequacy of the presentation of information in the financial statements. Other than in our capacity as auditor acting on behalf of the Controller and Auditor-General, we have no relationship with or interests in the Broadcasting Standards Authority. UNQUALIFIED OPINION We have obtained all the information and explanations we have required. In our opinion the financial statements of Broadcasting Standards Authority on pages 13 to 16 and pages 20 to 27: comply with generally accepted accounting practice; and fairly reflect: the financial position as at 30 June 1998; • the results of its operations and cash flows for the year ended on that date; and • the service performance achievements in relation to the performance targets and other measures adopted for the year ended on that date.

Our audit was completed on 8 October 1998 and our unqualified opinion is expressed as at that date.

John O'Connell Audit New Zealand

On behalf of the Controller and Auditor-General Wellington, New Zealand STATEMENT OF FINANCIAL PERFORMANCE

BROADCASTING STANDARDS AUTHORITY FOR THE YEAR ENDED 30 JUNE 1998

NOTES 1998 1998 1997 ACTUAL BUDGET ACTUAL $ $ $ |H INCOME GRANT 488,889 488,889 488,889 BROADCASTING LEVY 348,582 345,000 342,780 INTEREST 43,308 25,000 31,514 PUBLICATION SALES 5,567 3,000 7,261 GAIN ON ASSET SALES 744 - - OTHER - - 461

TOTAL INCOME 887,090 861,889 870,905

LESS EXPENDITURE

HUMAN RESOURCES 1 437,370 465,000 367,946 OTHER EXPENSES 2 318,155 481,520 302,198 DEPRECIATION 22,955 20,000 28,802 TOTAL EXPENDITURE 778,480 966,520 698,946

SURPLUS OF INCOME V OVER EXPENDITURE TRANSFERRED TO PUBLIC EQUITY $108,610 ($104,631) $171,959

^ STATEMENT OF MOVEMENT IN PUBLIC EQUITY

BROADCASTING STANDARDS AUTHORITY AS AT 30 JUNE 1998

NOTES 1998 1998 1997 ACTUAL BUDGET ACTUAL $ $ $ PUBLIC EQUITY BROUGHT FORWARD AS AT 1 JULY 244,287 244,287 72,328 NET OPERATING SURPLUS/(DEFICIT) 108,610 (104,631) 171,959 TOTAL RECOGNISED REVENUES AND EXPENSES FOR THE YEAR108,61 0 (104,631) 171,959

|P TOTAL PUBLIC EQUITY $352,897 $139,656 $244,287 STATEMENT OF FINANCIAL POSITION

BROADCASTING STANDARDS AUTHORITY AS AT 30 JUNE 1998

NOTES 1998 1998 1997

Actual Budget Actual

$ $ $

CURRENT ASSETS

Cash, Bank & Term Deposits 4 395,296 159,998 283,579

Accounts Receivable & Accrued

Interest 344 150 100

Prepayments 767 500 542

GST Receivable 8,677 6,000 15,050

405,084 166,648 299,271

LESS CURRENT LIABILITIES

Accounts Payable & Accruals 82,882 56,992 68,705

Employee Entitlements 13,503 10,000 13,635

WORKING CAPITAL 308,699 99,656 216,932

ii.,., NON CURRENT ASSETS 5 44,198 40,000 27,355

NET ASSETS 352,897 139,656 244,287

PUBLIC EQUITY 352,897 139,656 244,287

$139,656 $244,287 w TOTAL PUBLIC EQUITY $352,897

Sam Maling Michael Stace Wellington

Chairperson Executive Director 8 October 1998 STATEMENT OF CASH FLOWS

BROADCASTING STANDARDS AUTHORITY FOR THE YEAR ENDED 30 JUNE 1998

NOTES 1998 1998 1997 Actual Budget Actual $ $ $ , CASH FLOWS FROM W OPERATING ACTIVITIES Cash was provided from: Grants and Publication Sales 494,213 491,889 496,558 Broadcasting Levy 348,582 345,000 342,780 Interest Received 43,308 25,000 31,514 Net GST Received from IRD 6,373

Cash was disbursed to: Payments to Employees & Members (435,166) (465,000) (333,175) Payments to Suppliers & Other Operating Expenses (304,635) (481,520) (335,455) Net GST Paid to IRD (12,654)

Net Cash Flow From Operating 152,675 (84,631) 189,568 Activities

. CASH FLOWS FROM W INVESTING ACTIVITIES Cash was provided from: Sale of Fixed Assets 744 - 758 Finance on Hire Purchase 5,881

Cash was disbursed to: Purchase of Fixed Assets (39,799) (37,000) (11,828) Repayment of Hire Purchase Loan (1,903) (1,950) (1,396)

Net Cash Flows From Investing Activities (40,958) (38,950) (6,585)

, NET INCREASE IN CASH HELD 111,717 (123,581) 182,983 PLUS Opening Cash Brought Forward 283,579 283,579 100,596

ENDING CASH CARRIED FORWARD 4 $395,296 $159,998 $283,579 STATEMENT OF ACCOUNTING POLICIES

BROADCASTING STANDARDS AUTHORITY FOR THE YEAR ENDED 30 JUNE 1998

REPORTING ENTITY

These are the financial statements of the Broadcasting Standards Authority, a Crown entity in terms of the Public Finance Act 1989. These financial statements have been prepared in accordance with section 41 of the Public Finance Act 1989.

MEASUREMENT SYSTEM

The measurement base adopted is that of historical cost unless otherwise stated.

ACCOUNTING POLICIES

The following accounting policies which materially affect the measurement of financial performance, position and cash flows of the Authority have been applied:

i 1. Fixed Assets _

Fixed assets are recorded at historical cost less accumulated depreciation,

f^, 2. Depreciation Depreciation of fixed assets is provided on a straight line basis on all tangible fixed assets, at rates calculated to allocate the assets' cost less estimated residual value, over their estimated useful lives: Partitions, Office Equipment Furniture and Fittings 5 years Photocopy Equipment Computer Hardware 3 years 3. Receivables — Accounts receivables are stated at their estimated net realisable value.

ijgs 4. Lease Payments Operating lease payments, where lessors effectively retain substantially all the risks and benefits of ownership of the leased items, are included in the determination of the operating result in equal instalments over the lease terms.

5. Taxation — a) Income tax: Exempt from the payment of income tax in terms of the Income Tax Act 1976 b) FBT: FBT is payable on all fringe benefits c) GST: The Authority is a registered trader for GST purposes and is liable for GST on all goods and services supplied. The financial statements are prepared GST exclusive except for accounts receivable which is GST inclusive.

6. Financial Instruments Broadcasting Standards Authority is party to financial instruments as part of its normal operations.These financial instruments include bank accounts, short-term deposits, debtors and creditors. All financial instruments are recognised in the statement of financial position and all revenues and expenses in relation to financial instruments are recognised in the statement of financial performance.

7. Provision for Employee Entitlement Annual leave is recognised on an entitlement basis.

^ 8. Budget Figures The budget figures are those approved by the Board at the beginning of the financial year. The budget figures have been prepared in accordance with generally accepted accounting practice and are consistent with the accounting policies adopted by the Board for the preparation of the financial statements. 9. Revenue Broadcasting Standards Authority derives revenue in part through the provision of Outputs to the Crown, for services to third parties, from the levy imposed by the legislation on broadcasters, and income from its investments. Such revenue is recognised when earned and is reported in the financial period to which it relates.

10. Cost of Service Statements The Cost of Service Statements, as reported in the Statement of Objectives and Service Performance, report the net cost of services for the outputs of the Broadcasting Standards Authority and are represented by the costs of providing the output less all the revenue that can be allocated to these activities.

Cost Allocation Broadcasting Standards Authority has derived the net cost of service for each significant activity using the cost allocation system outlined below.

Cost Allocation Policy Direct costs are charged directly to significant activities. Indirect costs are charged to significant activities based on estimated usage.

11. Changes in Accounting Policies There have been no changes in accounting policies. All policies have been applied on bases consistent with those used in previous years. NOTES TO THE FINANCIAL STATEMENTS

BROADCASTING STANDARDS AUTHORITY FOR THE YEAR ENDED 30 JUNE 1998

1. HUMAN RESOURCES 1998 1998 1997 Actual Budget Actual $ $ $ Consultancy/Contract Services 1,495 4,000 1,754 Members' Fees 142,372 132,000 108,790 Staff Remuneration 293,503 329,000 257,402

$437,370 $465,000 $367,946

2. OTHER EXPENSES 1998 1998 1997 Actual Budget Actual $ $ $ Audit of Financial Statements 9,274 7,200 7,200 Complaints 24,199 33,500 23,693 Information and Promotion 21,015 50,500 29,355 Office Expenses 34,197 43,720 29,650 Rent and Maintenance 36,087 37,000 35,015 Research/Seminar 116,863 208,500 127,111 Code Reviews 1,072 7,000 - Loss on Sale of Asset - - 94 Travel, Accommodation & Training 75,448 94,100 50,080

$318,155 $481,520 $302,198

•s* 3. BUDGETED EXPENDITURE The budgeted expenditure targets published in the Broadcasting Standards Authority's 1997/98 Statement of Intent (SOI) were prepared in March 1997 and recalculated in August 1997 upon finalisation of the year end figures. The recalculated targets are included in this report. The SOI had anticipated a surplus of $6,875 compared to the budgeted loss in the Statement of Financial Performance of $ 104,631 .The effect of the changes are included in the budgeted cost figures reported in the Output Statements.

4. CASH, BANK & TERM DEPOSITS This comprises cash balances held on hand and in deposits with New Zealand banks.

1998 1998 1997 Actual Budget Actual $ $ $ Cash on hand: Petty Cash 100 100 100 Banks: WestpacTrust, Countrywide Bank - Current Accounts 29,996 10,000 6,340 - Ready Access/Term Deposit 365,200 149,898 277,139

$395,296 $159,998 $283,579 |p 5. NON CURRENT ASSETS

1996/97 5,687 Artworks At cost 5,687 (5,687) Accumulated Depreciation (5,687) Net Current Value

50,411 Computer Equipment At cost 65,298 (45,134) Accumulated Depreciation (34,781) 5,277 Net Current Value 30,517

50,336 Furniture & Fittings At cost 51,737 (49,155) Accumulated Depreciation (49,550) 1,181 Net Current Value 2,187

56,080 Partitioning & Fitout At cost 56,080 (52,438) Accumulated Depreciation (56,078) 3,642 Net Current Value 2_

16,765 Photocopier At cost 16,765 (7,909) Accumulated Depreciation (13,492) 8,856 Net Current Value 3,273

23,635 Office Equip/Televisions At cost 25,537 (15,237) Accumulated Depreciation (17,319) 8,397 Net Current Value 8,218

202,914 TOTAL FIXED ASSETS At cost 221,106 (175,559) Accumulated Depreciation (176,908) 27,355 Net Current Value 44.198

i 6. RECONCILIATION OF THE NET OPERATING SURPLUS WITH NET CASH FLOWS FROM OPERATING ACTIVITIES FOR THE YEAR

1998 1997 Actual Actual $ $ Reported Surplus For The Year 108,610 171,959

Add Non-Cash Items:

Depreciation 22,956 28,801

Adjust Item Classified As Investing Activity:

Net (Profit)Loss on Sale of Fixed Assets (744) 95

Add Movements In Other Working Capital Items: (Increase) Decrease in Accounts Receivable (244) (60) Increase (Decrease) in Accounts Payable 16,081 (5,561) Increase (Decrease) in Provision for Holiday Pay (132) 4,105 (Increase) Decrease in Net GST Receivable 6,373 (9,229) (IncreaseNet Cash) FloDecreasw Froem i nOperatin Prepaymentg Activities s $152,67(2255 ) $189,56(5428) 7. STATEMENT OF COMMITMENTS

The following significant future commitments have been incurred by the Broadcasting Standards Authority against future years' income.

Leased Premises

TheAuthority has a lease from the NZ Lotteries Commission for the rental of the premises comprising part of the second floor, 54-56 Cambridge Terrace, Wellington from July I 1998 until July I 2001.

1998 1997 $ $ Less than one year 29,857 28,695 One to two years 29,857 Three to five years 29,857 $89,571 $28,695 Total Rent Expenditure Committed

1997/98 1996/97 Capital Commitments Nil Nil

Finance Lease Liabilities 1997/98 1996/97 Less than one year 2,411 2,411 One to two years 402 2,411 Two to five years 402

Total $2,813 $5,224

Future finance charges (231) (739) Recognised as a liability 2,582 4,485

8. STATEMENT OF CONTINGENT LIABILITY

As at 30 June 1998 eight decisions of the Authority are in various stages of appeal in the High Court and judicial review has been sought on one decision. The basis of the appeals is to overturn a decision by the Authority. The awarding of legal costs will be the only impact on the Authority. As at 30 June 1997 there were eight decisions in appeal.

9. FINANCIAL INSTRUMENTS

Broadcasting Standards Authority is party to financial instrument arrangements as part of its everyday operations. These financial instruments include instruments such as bank balances, investments and accounts receivable.

%P CREDIT RISK In the normal course of its business the Authority incurs credit risk from trade debtors, and transactions with financial institutions. TheAuthority does not require any collateral or security to support financial instruments with financial institutions that the Authority deals with, as these entities have high credit ratings. For its other financial instruments the Authority does not have significant concentrations of credit risk.

tV FAIR VALUE The fair value of financial instruments is equivalent to the carrying amount disclosed in the Statement of Financial Position.

% CURRENCY AND INTEREST RATE RISK The Authority has no exposure to interest rate or currency risk on its financial instruments.

mJ 10. RELATED PARTY INFORMATION The Broadcasting Standards Authority is a wholly owned entity of the Crown.The Government provides a major source of revenue (Grant) via the Ministry of Commerce. The provision of these funds is on an arm's-length basis and is not considered to be a related party transaction. There were no other related party transactions. APPENDIX 1 ANALYSIS OF DECISIONS

July 1997 • June 1998 Complaints Received: 174 Decisions Issued: 177 July 1996- June 1997 Complaints Received : 206 Decisions Issued: 199 July 1995 June 1996 Complaints Received: 179 Decisions Issued: 171 July 1994 • June 1995 Complaints Received : 162 Decisions Issued: 144 July 1993 • June 1994 Complaints Received: 168 Decisions Issued : 151 July 1992 June 1993 Complaints Received : 159 Decisions Issued : 144 July 1991 June 1992 Complaints Received: 106 Decisions Issued: 76 July 1990 June 1991 Complaints Received: 52 Decisions Issued: 45 July 1989 • June 1990 Complaints Received: 43 Decisions Issued : 12

July 1997 - June 1998 BASIS OF COMPLAINT (1996 - 1997 Figures in brackets) Total Cood Taste & Decency Balance. Fairness (including language) and Accuracy

Declined* 136 (157) 41 (50) 63 (80) Upheld (all or in part) 41 (42) 8 (II) 26 (20) Declined jurisdiction 6 (8) Complaints Withdrawn 15 (8)

Alcohol Advertising Violence Privacy

Declined I (5) 5 (6) 21 (13) Upheld (all or in part) (3) (2) 7 (5)

Racism Other Sexism

Declined (-) (I) (2) Upheld (all or in part) (-) (I) (-) The Authority made 20 orders during the year, of which 17 were against a broadcaster and three against a complainant. On ten occasions, the broadcaster was ordered to pay costs to the Crown. The amounts involved were $3,000 (I), $750 (2), $500 (3) and $250 (4). On seven occasions after a breach of privacy had been determined (including one decision where the broadcaster was required to pay costs to the Crown), the broadcaster was ordered to pay compensation to the complainant in the sum of $500 (2) and $250 (5). The order on two occasions involved the broadcast of a brief summary of the decision, in a manner approved by the Authority. The order for a statement was combined with an order for costs on one occasion. The three instances where an order was imposed against a complainant involved an order for costs to the broadcaster against the same complainant, of $100 on each occasion. TheAuthority found the complaints to be vexatious and trivial and had declined to determine earlier complaints from the same complainant. * This category includes the nine decisions where the Authority, after fully investigating the complaint, issued a decision in which it declined to determine the complaint.

BY BROADCASTER AND PROGRAMME

TVNZ Total News Current Holmes Talk Back Documentary Other Affairs

Declined 64 (84) 20 (37) (") (4) (3) 27 (31) Upheld (all or in part) 12 (19) (4) (4) (2) (-) 3 (9) TV3 Current Affairs Declined 35 (39) (9| 8 (9) (-) 15 (21) Upheld (nil or in pare) 10 (13) (2i 3 (5) (-) 3 |6) MaxTV Declined Upheld (all or in part) Sky Declined (-) (-) Upheld (nil or in parti (-) (-) RNZ Declined 13 (15) 8 (6) (I) (I) (71 Upheld (nil or in pnrc) 2 (I) 2 (I) (-) (-) (-) TRN Declined (3) (I) (-) (2) Upheld (nil or in pnrc) (-) (-) (-) (-) Private & Other Radio Declined 14 (13) (3) (4) 11 (6) Upheld (all or in part) 15 (8) (-) (5) 12 (3) APPENDIX 1 1 COMPLAINTS DETERMINED BY THE AUTHORITY

JULY 1997 - JUNE 1998

7-09^ Frank Harris 60 Minutes item profiling the Offensive language Not Upheld ' 7-111 Side's College Talkback host's view on Action taken by NotUpheld Hurricanes rugby team.TVNZ corporal punishment at broadcaster insufficient StBede'sCollege.TRN 7^S|: G E Williams 3 National News, introductioInaccurate n NotUpheld to the weather,TV3 'MU Gregory Shaw Fair Go item on home Inaccurate and unfair Upheld in part builder.TVNZ David Currie Tonight item on drugs Untrue, unbalanced NotUpheld and driving,TVNZ and unfair -7413 Lancaster Sales and Fair Go item on secondhand Unfair Upheld; Broadcast Service Ltd cardealer.TVNZ of summary 74)|§§ RobertTerry One Network News Unbalanced Dedinedto ordered item on campaign to determine recover unpaid fines,TVNZ l997-'!4 Ro.icTransport 3 National News iteUnfairm o,n inaccurate , Upheld, Broadcast Forum New Zealand truck tatlgating,TV3 and used deceptive of summary 7-0«|| R J Healing Song Treep",C93FM Offensive language NotUpheld programme practice ordered.and costs of $500 7-0#ft Dan Gallagher Billy Connolly's World Tour Offensive language NotUpheld to the Crown ofAustra/ia, TV3 - 7»+f5 WomenAgainst Music video "Pussywalk", Offensive, Upheld. Costs of • '|J§ EdwarDinkha "Voice of Mesopotamia", Action taken having Upheld: Broadcast jgraphy Max TV to women $3,000 to the programme in the Assyrian upheld complaint, of an apology Crown ordered language,Access Community was not sufficient ordered Radio Auckland Inc. 7-114 Eleanor Kietzmann Nightline item showeBreacdh footag of privace y NotUpheld of house which was central to 7-0«S Wellington News item on construction of Misleading and NotUpheld murder enquiry,TV3 !gg Palestine Group Jewish housing settlement, RNZ inaccurate I99WS7 Michelle McBride Promo for Who Dares Wins, Offensive and in­ NotUpheld Promos for Third Rock from the Offensive and inappropriate NotUpheld '7-OCj Robitajohnson TVNZ appropriate for children Sun and It's a Man'swhe World,n children are watchin TV3g MIS Michelle McBride Who Dares Wins, TVNZ Offensiveand NotUpheld Rugby match.TVNZ Absence of disapproval NotUpheld '7-093. DrJJ Small inappropriate for children by commentators of violent incident '7-1(9 Suzanne Morton and Promo for RsalTV showed baby Offensiveand Upheld in part i Gordon being dangled out of window,TV3 inappropriate for children *-0§# SV RYoung News item about escaped Untruthful and NotUpheld monkeys. RNZ inaccurate Breakfast show discussion on Action taken NotUpheld sexual attributes of women, not sufficient >7-0^g Lee-Ann Mead Film review of Matilda,Denigrator y NotUpheld rrtT-m Rachel Medusa Radio One Dunedin Lake City 96FM (Rorarua) Tonight item on collectioInaccuratn e NotUpheld 17-OSj Palmerston News items about Unbalanced, Upheld in relation ofspidersatAuckland 17-afSl North City Council's decision to unfair and partial to failure to keep 199J.I21 HRCorrin MuseumTVNZ l^flflf Council remove trees,TRN tape for 35 days; Not Upheld on 1997-122 G L Brown 3 National News itePartial.denigratorm on y NotUpheld all other aspects shop trading hours,TV3 to workers

>7-0ij§ The Rowan Talkback discussion on Unbalanced, unfair 1997-123 RJ A Miller Holmes item on MP's Upheld ssl Partnership Spice Girls' performance and partial Unfair, lacked objectivity NotUpheld cookbookTVNZ ofthehaka,TRN W2424 L Smith Holmes item on MP's Upheld Unfair, lacked objectivity 97-|!§' MurayArnesen 60 Minutes,Breac investigatioh of privacn y cookbookJVNZ into the affairs of a NotUpheld Tauranga pastor.TVNZ 1997-125 Minister of Housing One Network News item on NotUpheld Unfair and unbalanced (Hon Murray McCully) rent increases for Housing }7-lfj|? MurrayArnesen 60 Minutes, investigatioUnfair nan d New Zealand tenantsJVNZ into the affairs of a unbalanced Upheld in part Tauranga pastor.TVNZ 1997-S26 Patrick Curran One Network News, Biased and selective NotUpheld various items on Irish affairs. coverage 97-t^ LUtica Holmes item on unveiling Inaccurate Dedinedto TVNZ memorial in Croatia,TVNZ determine 1997-117 Nick Kearney Holmes item on attack on rugby Unfair Upheld in part 37-I^J Ivan Hansen Holmes item about creditor Failure to show league referee by spectator, NotUpheld digging up carpark,TVNZ respect for the law TVNZ

-p) Nicholas Lucas Birthday call, 98 More FM, Discriminated 1997-118 Criminal Bar 3 National News, Breacbroadcash oft privacof y NotUpheld Dunedin against Catholics NotUpheld Association taped telephone call by MP's lawyer seeking payment 97-185 Melanie Smith and 60 Minutes iteBiasem odn anrapd eunfai r foraninterview,TV3 ->> Teresa Sammut-Smith charge against rugby player to rape victim Upheld Roger Randle.TVNZ •997 '29 Criminal Bar 3 National News, Unfair Upheld; costs Association broadcast of taped of $500 to the 97.)§i Michelle McBride Who Dares Wins. TVNZ Offensive and unsuitable NotUpheld telephone call by MP's lawyer Crown ordered for children seeking payment for interview,TV3 Promo for Cold Feet showed 97-HJT John Malcolm Offensiveand NotUpheld naked man covering his unsuitable £997-439 Ministry of Housing 60 Minutes item on claims Unfair and unbalanced Upheld in part genitals with his hands.TVNZ for children (Hon Murray McCully) about odometer tampering in imported carsJVNZ 20120 item on release of 97-108 Complainant X Untruthful and NotUpheld David Dougherty from prison inaccurate ff9?-(3f Hon Peter Dunne One NetworkUnbalance News,d NotUpheld following his re-trial,TV3 (leader of United NZ) item reporting results of political pollingJVNZ Talkback host's view that there Offensiveand 97-109 RobinWarnes NotUpheld were too many support groups discriminated against 1997432 DLHurndell Off the Planet,Offensivean episode ond NotUpheld for suicidal youth, Radio Pacific disadvantaged listeners 26.6.97.TV3 inappropriate for children

Music video of Primal Scream's Offensive, unsuitable NotUpheld •97-110 WM Moore 1997433 Elaine Hadfield Holmes item on Promotion of alcohol NotUpheld "Kowalski",TVNZ for children, denigrated unorthodox approach of the Church, and social rugby team.TVNZ contained violence W J Robert Smith Air NewZealandInaccurate, Unfai Ho/Wayr , NotUpheld pNewman programme on 5.7.97JVNZ

1997-135 Gary James 20/20 item on problems Breach of privacy Upheld, 1997-158 'l.il.p Newman within the Ambulance compensation Service,TV3 of$500 to complainant I9»7-|S9 CC Police Stop! item on ordered 27.11.97.TV3 1997-136 Brian Ross 20120 item on problemBreacs h of privacy Upheld, f9»4@ NZ Police 20/20 item on the within the Ambulance compensation David Bain case,TV3 Service,TV3 of $500 to Otago District) complainant Request session, Upheld, ordered Xtreme 100FM (Hastings' compensation {9S74SI MrX of $250 ordered 1997-137 William Wyber Trailer for radio play, RNZ Insufficient action taken NotUpheld Request session, Unfair Upheld, costs of Mrs B Request session, Xtreme Breach of privacy Upheld, Xtreme 100FM (Hastings) $250 to Crown I00FM (Hastings) compensation mjet Mrx ordered of$250 to NotUpheld complainant News bulletins referring Inaccurate ordered to cell phone masts as •* -• lHenry antennae, RNZ 1997-139 Mrs B Request session, Unfair and in Upheld, costs of Xtreme I00FM (Hastings) bad taste inside NZ: Crown Breach of privacy NotUpheld $250 to the lersus Ca/der,TV3 Crown ordered WiNM Gary ReynoldRugbs y Test, 16.8.97.TVNZ Offensive language NotUpheld Lynn Phease Promo for Police Stop.'.TV3 Editing unfair Upheld in Part 1997-165 Peter Lord 3 National NewOffensivs iteme showin and unsuitablg e NotUpheld Lynn Phease Police Stop/ episode showed Offensive NotUpheld woman skiing topless,TV3 for children footage of scene at fatal accidentan d unfair tW-iSi Josh Moore and motorcycle rider receiving Radio play,"C'mon Black", RNZ Offensive language NotUpheld a traffic ticket shortly before 1997467 Chris Sorrell he died,TV3 One Network News, item on Unbalanced Dedinedto 1997-168 Prrirt Terry cabinet appointmentsJVNZ determine 1997-142 Margaret Mitchell Promo for Poke Stop.',TVEditin3 g unfair Upheld in Part 1997-169 Douglas Jenkin 20120 item on murdeIncorrectlr of womay classifiedn , NotUpheld Margaret Mitchell Poke Stop.' episode on 24.6.97 Offensive NotUpheld by a man released from prison gratuitous violence, showed footage at scene of fatalan d unfair on bail after earlier charges detail invited accident and motorcycle rider of rape and kidnapping,TV3 imitation of crime receiving a traffic ticket shortly before he died, TV3 5 'lasjenkin AWtennium,TVNZ Incorrectly classified, NotUpheld violent, discriminatory 1997-H4 Steve Alloway Broadcast of telephone call with Breach of privacy NotUpheld real estate agent, 95bFM = p Smits MusicVideo"Smokin' Offensive and Not MeOut".TVNZ stereotyped women Upheld 1997-145 Steve Alloway Broadcast of telephone call with Unfair Upheld, costs of real estate agent,95bFM $250 to the m-m YH One Network News item about Breach of privacy Crown ordered fire on Ponui Island.TVNZ NotUpheld 1997-146 Robert Green Timebomb, a documentary Offensive language NotUpheld 1997-173 YH One NetworkUnfai rNews item about on the state of the social welfare fire on Ponui Island.TVNZ NotUpheld system in NZTVNZ i9$474 MoniqueBarden Fair Go item on customers' Unfair/inaccurate and NotUpheld Joyce Heijboer Air New ZealandInaccurate an Holidayd NotUphel d dissatisfaction with unfairly edited Campbell programme on 19.7.97 JVNZ unbalanced kitchen builderJVNZ

1997-148 W&P Jones Queen of Music video "The Offensiveand NotUpheld 1997-175 Ar,-'ew McPherson Bufly and the VampireInappropriate NotUpheld unsuitable for children New Orleons",TVNZ Slayer, episode on 7.7.97JVfor3 children 1997-149 Monarchist League 3 National NewsInaccurat commenet by NotUpheld IW-I76 "lu'lip Smits Ed's Night pHrty,TV3 Offensive NotUpheld ofNZInc presenter on republicanism.TV3 1997-177 GcrldMoonen Sunday discussion oDiscriminatorn decision y NotUpheld 1997-150 Graeme Clode Promos for Rl 8 films, Inappropriate during NotUpheld of Office of Film and literature Sky Network Television children's viewing time Classification about objectionable photographs,TV3 IBB WGFaber Holmes, presenter's comments Offensive and NotUpheld on royal family following discriminatory NotUpheld interview with Dame Barbara yMickleson Police Stop! item on illegal Discriminatory Cartland.TVNZ drag racing,TV3 f99?-t79 HMRomaniuk Beyond 2000 and Next Step, Dedinedto 1997-152 CB Noble Holmes, presenter'Unfais commentr and sunbalance d NotUpheld Inaccurate on royal family following interview previewed as if they were up to Determine with Dame Barbara Cartland, the minute. Sky Network Television TVNZ 1997-180 RobertTer7 One Network News tributUnbalancee to d Dedinedto 1997-153 Minister of Housing 3 National News,Unfair and unbalance item d NotUpheld Princess of WalesJVNZ determine, (Hon Murray McCully)concernin g state housing complainant rentals.TV3 ordered to pay costs to TVNZ ;r*J54 Minister of Housing Holmes item on poor standards Unfair and unbalanced NotUpheld of$l00 (Hon Murray McCully)o f housing for Maori in the North.TVNZ 199748t RobertTerry One Netmrk NewsUnbalanced ite m on Declined to controversy over determine, 1997-155 Andrew McPherson Beovis & Butt-head Excessive violence NotUpheld Judge BeattieJVNZ complainant episode on 7.7.97,TV3 ordered to pay costs to TVNZ lan Ward Request programme, RNZ Unfair NotUpheld of$100 RobertTerry One Network News item on Unbalanced Declined to 1998-014 Anne Dingwall Highwater, Offensivreferencee No jurisdiction controversy over determine, tobestiality.TVNZ to determine the Judge Beattie, complainant SiiffiilSll complaint \ 3.9.97.TVNZ ordered to pay 1 1 costs of $100 H^MiS* FranKeina HovocGuyFawkes Glamorising NotUpheld toTVNZ day party.TVNZ anti-social behaviour Green Society Morning Report item on Exercise of green politics, RNZ Commissions of orderedtosupply «»«« HuS"Barr focus on Politics, report on the Inaccurate, unfair NotUpheld Inquiry Act powers material to the Ngai Tahu settlement, RNZ and unbalanced Authority 199*017 TimShadbolt Assignment programme on Unbalanced, unfair NotUpheld Green Society Checkpoint itemExercise of cm Broadcaster WestAuckland included and inaccurate green politics, RNZ Commissions of ordered to supply discussion of Mr Shadbolt's Inquiry Act powers material to the mayoralty.TVNZ Authority I9980<8 Raewyn Clark 20120 item on Armed Unnecessary intrusion NotUpheld Martin Durham Jokes about the Princess Offensive Offenders Squad included into surviving family of Wales, Channel Z NotUpheld archival footage of aftermath member's grief of Schlaepfer family murders,TV3 MaartenGroen Jokes about the Princess Offensive of Wales, Channel Z NotUpheld 1998-019 RayMainwaring The Simpsons, episode on Offensive language and NotUpheld 30.I0.97JVNZ unsuitable for children Glenyss Barker Shortiand StreetViolent and episode NotUpheld \mm Talkback programme Breach of complainant's NotUpheld onl.9.97,TVNZ inappropriate for children s on aspects of the Christchurch ehikfs privacy Janet Chapman The Gong Show episode on Inappropriate Civic Creche case.TRN NotUpheld I3.9.97.TVNZ for children 1998-021 E Individual abused during request Action taken Upheld, costs of AGCARM Rubber Gloves or Unbalanced session. Soundwave FM (Napier) insufficient $250tothe NotUpheld Green Fingers, documentary on Crown ordered organic farming.Tv'NZ Individual abused during request Breach of Upheld, The Alliance This Week in PaAjmentUnbalanced, , failed session,Soundwave FM (Napier) privacy compensation of NotUpheld (Media Director, edition on 21.6.97, RNZ to present all viewpoints $250 to John Pagani) complainant ordered tan McLean froser, discussion of healtUnbalancedh , NotUpheld reforms.TVNZ did not deal fairly 1998-023 J Broadcastof obscene phone call, Offensive and Upheld, costs of with Minister of Health 92.2XS (Palmerston North) unfair to victim $750 to the Crown ordered Wing-YauYee Breakfast show, Radio i98FM Action taken insufficient NotUpheld 1998-014 J Broadcast of obscene phone call. Breach of Upheld, Tony Simpson Morning Report, item on Unbalanced NotUpheld 92.2XS (Palmerston North) privacy compensation illegal importing of RCD, RNZ of $250 to complainant Kristian Harang One Network News, item Offensive NotUpheld ordered on Hero Parade.TVNZ •PHP 19-' . AJ Dickson Inskfe New Zealand: Inaccurate Upheld Assignment,Unbalance programmd aned abou t In Cold Blood, documentary Phillip Smits WescAuckland included unfair NotUpheld on similarities of discussion of murder case, mass murders,TV3 TVNZ 1998-326 "I D Dunlop Inside New Zealand:Inaccurate NotUpheld Assignment, programme about Privacy of child of In Cold Blood, documentary WestAuckland included murder victim Phillip Smits NotUpheld on similarities of mass discussion of murder case, was breached murder$,TV3 TVNZ I998-C27 "\r.D.n McMillan Inside New Zealand: lnaccurate,unbalanced. Upheld in part 20/20 item about the trial of Inaccurate and fn Cold B/ood, documentary and discriminatory Gay Oakes and the unsuccessful unbalanced Allan Hill NotUpheld use of the battered woman on similarities of mass syndrome as a defence,TV3 murders,TV3

20/20 item about the trial of Inaccurate and 1998-028 Green Society Morning Report,Unbalanced item NotUpheld Gay Oakes and the unsuccessful unbalanced on the release of the Gladys Gardner NotUpheld use of the battered woman Labour Parry's environmental syndrome as a defence,TV3 policy, RNZ

Checkpoint, item on the Unbalanced NotUpheld 20/20 item about the trial of Privacy of victim's 1998-929 Green Society release of the Gladys Gardner Gay Oakes and the unsuccessful family breached NotUpheld use of the battered woman Labour Party s environmental syndrome as a defence,TV3 policy, RNZ

20/20, item on the response by Breach of privacy NotUpheld H R Corrin One Network News, item on Inaccurate and NotUpheld Wellington Free Ambulance exhibition at Auckland discriminatory to fatal collapse of woman,TV3 MuseunVTVNZ

19984)31 Gordon McKay Film. Desperate Remedies, Offensive and unsuitable Not Upheld Yvonne Lennon McPhail and Gadsbf,Offensive an episodd sexise t NotUpheld TVNZ when children are watching on28.IO,97,TVNZ

David Hay Promo for BillyT Awards,TVNZ Action taken NotUpheld 1998432 Ruth Barton 3 National News, Unnecessary intrusion insufficient item on death of intogrief NotUpheld toddler in house fire,TV3 Graham Drake Breakfostshow.91ZM.TRN Offensive Dedinedto determine 1998433 Ruth Barton 3 National News,Breach of privac itemy on death NotUpheld of toddler in house fire,TV3 I998-0M Mark Eden 60 Minutes, itemUnbalance on the dus e NotUpheld RobertTerry One Network News item Unbalanced Declined to of animals in research.TVNZ and unfair on high price of groceries Determine in Queenstown.TVNZ 1998435 Department of Talkback host's comments about Inaccurate, unfair, Upheld In part Conservation DOCs goat culling programme. unbalanced and did not 1998453 Complainant X 20/20 item on re-trial Unbalanced NotUpheld (Wanganui) Radio Pacific respect principles of law and subsequent acquittal of David Dougherty,TV3 1996-036 WFCarlin Talkback host's comments about Inaccurate, unfair and Upheld in part DOC's goat culling programme, unbalanced Linda Taylor-Dean News item which accused Breach of privacy NotUpheld Radio Pacific Council employee of sabotage, (998437 Manu Caddie Radio host suggested Unfair Upheld Coromandel FM complainant responsible for bomb scare, Channel Z •ftiliBt"- Thames CoromandeNews iteml which accused Inaccurate and unfair, Upheld, costs of District Council Council employee and not corrected $500 to Crown J 998-038 Manu Caddie Radio host suggested Breach of privacy NotUpheld of sabotage, speedily ordered complainant responsible for Coromandel FM bomb scare, Channel Z iGPCostello One Network News Inaccurate and NotUpheld 199M3* C Poke Stop! item showingUnfai r and NotUpheld item on leasehold properties unbalanced police arresting woman on deceptive editing inTaranaki.TVNZ drug charges,TV3 imm. DS Roberts Great EscapesBreach includeof privacd y NotUpheld 1998.040 C Poke Stop', itemBreac showinh of gprivac y NotUpheld footage of difficult mountain police arresting woman on rescue.TVNZ drug eharges,TV3 Dr Glyn Thomas One Network NewOffensivs e and denigrated NotUpheld item on exhibit of virgin in Christian beliefs f998-04* Maternity Services AssignmentUnfai programmr and e Upheld in part condom atTe Papa, Consumer Council on birthing options which unbalanced TVNZ examined conduct of midwife in case where (999-059 South Island House fair Go item featuring Unfair, inaccurate NotUpheld babydied.TVNZ - - Relocators Ltd experience of three and unbalanced dissatisfied customers, Maternity Services Assignment programme Breach of privacy NotUpheld TVNZ Consumer Council on birthing options which examined conduct of t998460 NZ Committee Men Abduction:Inaccurat Incidente and inUphel d midwife in case where for Scientific Lake County, TVNZ deceptive babydied/TVNZ ligation of programme practice nsofthe \m ME David Hay City councillors described Offensive and NotUpheld lormal Inc. (Deputy Mayor as morons for opposing discriminatory of Auckland) funding of Hero Parade in 1198-061 ;oh»Connell Morning Report, interview Unbalanced, unfair and NotUpheld 60 Minutes item.TVNZ about Hero Parade, unsuitable for children RNZ (998044 M Scott Checkpoint iteInaccuratm on eunio annd NotUpheld protest of government unbalanced 1998-062 Kristian Harang Holmes, item about Offensive Upheld policies, RNZ Hero Parade, TVNZ South Auckland Hajj Festival described as Discriminatory, NotUpheld Muslim "barbaric" in an opinion piece, and offensive Kate & David Turner Holmes, item abouOffensivt e & unsuitable Upheld Association Inc Radio Pacific Hero Parade.TVNZ for children News report about Breach of privacy NotUpheld Wellington Great Train journeysAction taken NotUpheld 1998464 D Palestine Group included map which showed insufficient charges against a (A Sidani) Israel as including the Police Officer, 92.2XS Occupied TerritoriesJVNZ imm HCHildreth Talkback hosts comment about Breach of privacy NotUpheld Roger RandleTRN PJ E Nichols The Way WeInaccurat Were,e NotUpheld episode on 13.1.98 NotUpheld \m-tm NickParfict Talkback host's comment Offensive contained reference to the about caller.TRN British letting us down in 1941,TVNZ Mark Donnelly Remark during live Inaccurate & NotUpheld on behalf of cricket match about lights unbalanced I99fi^043 Don Carson "Aspects of Israel" Offensive and NotUpheld Eden Park atEdenParkTVNZ item on fete of discriminat07 Neighbours Assoc. money in Swiss banks belonging to 1998-968 NZ Police One Network News, item Unfair NotUpheld Holocaust victims, about missing couple in Wellington Access Radio Marlborough SoundsJVNZ 1998-049 P Announcer broadcast Breach of privacy Upheld, costs to himself leaving sexually Crown of $750 suggestive message on and compensation \mm NZ Police One Network News, item Breach of Privacy NotUpheld answerphone,95bFM of $250 to about missing couple in complainant Marlborough ordered SoundsJVNZ Pulp Comedy, NotUpheld (99*050 RobertTerry One Network NewsUnbalanced item on Dedinedto Warwick Pascoe Offensive ACT Party annual Determine comedians' jokes.TV3 conference.TVNZ IB .- OlindaWoodroffe Talkback on Samoan Defamatory Authority unable to consider 1998-05! RobertTerry One Network NewsUnbalanced item 1998401 radio station, Declined to Radio 531 PI complaint on increase in price of Determine until defamation crude oilJVNZ action resolved