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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 156 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-073 Dated the 11th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintOne News – interview with golfer Michael Campbell – liquor signage on backdrop – incidental promotion not minimised – upheld by TVNZ – a breach of standard A3 – staff reminded of responsibilities – action insufficient FindingsActon taken sufficient This headnote does not form part of the decision. Summary Golfer Michael Campbell was interviewed on One News, broadcast on TV One on 16 January 2001, about his participation in the forthcoming New Zealand open golfing championship. The work "Steinlager" was clearly visible on the backdrop behind him. GALA’s Complaints Secretary (Cliff Turner) complained to Television New Zealand Ltd, the broadcaster, that the signage breached the standard which required that incidental liquor promotions be minimised. TVNZ upheld the complaint. It acknowledged that a different camera angle could have been used. It advised that sports staff had been fully reminded of their responsibilities under the Promotion of Liquor Code....

ComplaintOne News – item on Ngati Ruanui’s acceptance of Treaty of Waitangi claim settlement – conflicts of 1860s–1880s described as Taranaki Land Wars – description unfair and inaccurate – item biased FindingsStandard G1 – not a point of fact – no uphold Standard G6 – not unbalanced, unfair or impartial – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 12 April 2001 reported that Ngati Ruanui of South Taranaki had voted to accept a $41 million offer from the government to settle a Treaty of Waitangi claim dating back to the 1860s. During the course of the item, the conflicts of the 1860s-1880s were described as the Taranaki Land Wars....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – item reported on deaths of two people involved in a police pursuit – stated that 10 people in 2010 had died “as a result of patrol car pursuits” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – item did not state that police were responsible for the deaths – viewers would have understood the meaning of the reporter’s statement – not inaccurate or misleading – not upheld Standard 6 (fairness) – item was straightforward news report – no judgement was made about the actions of the police involved in the pursuits – not unfair to the police – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 10....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Real Crime: Broken Promises, Broken Brides – investigated the mistreatment of foreign brides in New Zealand – profiled a Malaysian woman who died of a methadone overdose – interviewed her husband who was convicted of her manslaughter – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – programme did not create a misleading impression that the complainant intended to murder his wife – reporter outlined the facts of the case and clearly stated the complainant was convicted of manslaughter – complainant’s perspective was included in the programme – programme was accurate and would not have misled viewers – not upheld Standard 6 (fairness) – complainant was provided with a sufficient opportunity to give his perspective in two interviews – interviews were not unfairly edited – overall complainant was treated fairly – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A and Marae Investigates – items discussed domestic violence – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, responsible programming, and children’s interestsFindingsStandard 4 (controversial issues) – items discussed controversial issue of public importance – items clearly framed as focusing on men’s violence against women – did not discuss gender of perpetrators and victims of domestic violence so not required to present alternative viewpoints on that issue – not necessary to expressly acknowledge that men could be the victims of domestic violence – not upheld Standard 7 (discrimination and denigration) – no implication that men are the only perpetrators of domestic violence – item did not encourage discrimination against, or the denigration of, men as a section of the community – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-101:McElroy and Television New Zealand Ltd - 1993-101 PDF468. 14 KB...

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in standard G2; Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits – bordering on gratuitous; comment – children in studio audience – unsatisfactory as programme classified AO This headnote does not form part of the decision. Summary [1] An episode of Strassman broadcast on TV2 at 9. 30pm on 26 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. [3] In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....

Summary [This summary does not form part of the decision. ]During a cat-themed episode of What Now, one of the presenters offered a number of wacky cures for his co-presenter’s cat allergy, including encouraging a dog to lick what appeared to be peanut butter off his face. The Authority did not uphold the complaint that the programme made light of allergies and used a common food allergen, peanut butter, in a dangerous and irresponsible manner. The presenter was not allergic to peanuts and no mention was made of peanut allergies. It was unfortunate that peanut butter featured, given that peanuts are a common food allergen, but the food product was irrelevant; the point was to test dog saliva as a possible cure for the presenter’s cat allergy, and no attention was drawn to the actual product....

Download a PDF of Decision No. 1990-020:Malone and Television New Zealand Ltd - 1990-020 PDF (315. 48 KB)...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item interviewed Christchurch women who wanted to cancel their gym contracts due to the closure or relocation of premises – reported that Configure Express Northlands had relocated but that members could not cancel their contracts without incurring financial loss – barrister gave legal advice that the contracts had been frustrated and were unenforceable – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – item contained comments from two women which suggested their issues related solely to relocation, that the gym refused to refund them and that they would be significantly out of pocket – omitted important information about the women’s individual circumstances – impression not mitigated by opportunity given to the complainant to respond to the issues – reasonable to expect Fair Go to adhere to the same high standards the programme imposes on others – complainant…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – follow-up item on the use of sow crates in the pig farming industry – interviewed woman planning a whistle-blowing campaign offering rewards to farm workers for exposing cruel farming practices, and CEO of the New Zealand Pork Industry Board – allegedly in breach of law and order and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 6 (fairness) – no evidence that interview with New Zealand Pork Industry Board CEO was unfairly edited – as industry advocate he should expect robust questioning on these issues – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

ComplaintFair Go – item about identity theft – reporter obtained driver’s licence in someone else’s name – item failed to maintain standards of law and order – unbalanced – inaccurate – unfair FindingsStandard 2 referred only – no encouragement to break the law – fraud and crime elements emphasised – high public interest and educative value – no uphold This headnote does not form part of the decision. Summary [1] An item on Fair Go examined the issue of identity theft. It featured a Fair Go reporter investigating the issue by obtaining a driver’s licence in someone else’s name. The item was broadcast on TV One at 7. 30pm on 9 April 2003. [2] The Land Transport Safety Authority (LTSA) complained to Television New Zealand Ltd, the broadcaster, that the item had failed to refer to the "criminal" actions of the reporter in obtaining the driver’s licence....

ComplaintThe Weakest Link – G rating – contestant said "pissed off" – offensive language FindingsStandard 1 and guideline a – contextual matters – no uphold Standard 9 and guideline a – context and use – no uphold This headnote does not form part of the decision. Summary [1] A celebrity edition of The Weakest Link was broadcast on TV One between 7. 40–8. 40pm on 6 January 2002. A contestant, Pam Corkery, said among her later final comments that she was "pissed off" at her inability to answer one specific question. [2] Gordon Hayes complained to Television New Zealand Ltd, the broadcaster, that to include such language in a programme rated G was "absolutely disgusting". [3] In response, TVNZ described the phrase as a "mild vulgarism" which was not sufficiently offensive to breach current community standards, and that children who were still awake after 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on an incident at Fairfield College in which a group of teenage girls were admitted to hospital after taking drugs – included summary of problems previously experienced at Fairfield College – allegedly in breach of standards relating to controversial issues, accuracy and fairness FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – in any event, alternative viewpoints were presented and representatives from Fairfield College were invited to appear on the programme – not upheld Standard 5 (accuracy) – item was not inaccurate and did not create a misleading impression about the problems faced at Fairfield College – not upheld Standard 6 (fairness) – Fairfield College was provided with a reasonable opportunity to comment and its response was adequately conveyed in the broadcast – Fairfield College was treated fairly – not upheld This…...

ComplaintSecret New Zealand – death of Norman Kirk – various theories explored – a conspiracy theory advanced linked death to trial of Dr Bill Sutch for spying – inaccurate details of trial – unfair FindingsStandard 5 – speculation advanced – not fact – no uphold Standard 6 – Dr Sutch not dealt with unfairly in context – no uphold This headnote does not form part of the decision. Summary [1] Secret New Zealand presented three perspectives on the death in 1974 of former Prime Minister, Norman Kirk. The series examined events in New Zealand which were not adequately explained at the time . The episode complained about was broadcast on TV One at 8. 00pm on 2 September 2002. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and unfair....