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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 79/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-167 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRIENDS OF THE EARTH (NEW ZEALAND) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryAn item in an Assignment programme broadcast on TV One on 18 June 1998 commencing at 7. 30 pm depicted a public meeting of the Act Party in Tauranga. The reporter stated that Act staff had told the broadcaster after the meeting that supporters of the group, Voters’ Voice, had given each Act MP a copy of the recent speeches of Pauline Hansen. The Chairman of Voters’ Voice (Inc) claimed that the statement was a fabrication. Voters’ Voice took umbrage at the statement, he wrote, for the organisation was constitutionally bound to avoid party political opinion. Act officials could confirm no such event took place, he added. The broadcaster, Television New Zealand Limited, responded that its investigation revealed that the reporter’s statement was made to him by a senior Act representative in the presence of a witness....

ComplaintWhat Now? PM – decriminalisation of cannabis – information intended for children – pictures of a joint being rolled – unsuitable for childrenFindingsStandard G12 – visuals not consistent with voiceover commentary – unsuitable for children – uphold No Order This headnote does not form part of the decision. Summary The decriminalisation of cannabis was the subject of an item on What Now? PM broadcast on TV2 on 13 July 2000 at about 5. 00pm. Footage accompanying the item showed a cannabis joint being rolled, and two people sharing a joint. Sharon Wilton complained to Television New Zealand Ltd, the broadcaster, that the visual content was unsuitable for inclusion in a programme intended for children. TVNZ explained that the purpose of the item was to inform children of the legislative moves to decriminalise cannabis and the position of MP Nandor Tanczos....

ComplaintStrippers – sensationalist – voyeuristic – offensive – unsuitable for children and young teenagers FindingsStandard 1, Guideline 1a – context – no uphold Standard 9, Guideline 9a – not children’s normal viewing time – no uphold This headnote does not form part of the decision. Summary [1] Strippers is a British documentary series which followed a small group of women for three months and examined female striptease. One episode was broadcast at 9. 30pm on TV2 on 10 September 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the programme contained many strip scenes and breached the standard relating to the observance of good taste and decency. The warning which preceded the broadcast, he said, would not stop children and young teenagers watching the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 24 December item interviewed woman whose husband was killed by a drunk driver – 7 January item spoke to youths appearing in court after being arrested for drink-driving – both items allegedly in breach of controversial issues and accuracy FindingsStandard 4 (controversial issues – viewpoints) – items were straightforward news reports – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – not misleading to omit discussion of the points raised by the complainant – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on two National MPs and whether they supported the National Party’s stance on global warming – included footage of a reporter asking the MPs whether they believed in global warming – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item was not about global warming – item looked at whether the personal views of two National MPs regarding climate change were consistent with their party’s stance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – reporter asked legitimate questions in a professional manner – MPs treated fairly – not upheld This headnote does not form part of the decision....

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1)(c) of the Broadcasting Act 1989Skin Doctors – footage of woman undergoing breast augmentation surgery and her consultations with her plastic surgeon – allegedly in breach of privacy Findings Standard 3 (privacy) – programme disclosed private facts about complainant – disclosure highly offensive – complainant did not give informed consent – no public interest – upheld Orders Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $10,000 Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Bogan’s Heroes – extreme satire about prison life – allegedly in breach of standards relating to good taste and decency and violenceFindingsStandard 1 – majority considers contextual factors sufficient to avoid a breach – not upheld Standard 10 – majority considers violence unrealistic and farcical – not upheldThis headnote does not form part of the decision. Broadcast [1] On 20 July 2005 at 11. 25pm, TV2 broadcast Bogan’s Heroes, a satire about criminals and life in prison. Complaint [2] Mr Cozens complained to Television New Zealand Ltd, the broadcaster, that the programme was tasteless and offensive. He noted that the programme was described in the Listener as an AO-rated “extreme prison based comedy”. [3] He considered that the programme was excessively violent, indecent, and extremely offensive....

ComplaintFair Go – comments about complainant which collects membership fees for fitness centres – complaint that item unbalanced, inaccurate and unfair Findings Standard 4 – subsumed under Standard 6 Standard 5 – subsumed under Standard 6 Standard 6 – one aspect of discussion of credit contracts omitted relevant information provided by complainant – unfair – uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] Some of the activities of Adfit Membership Services Ltd, a company which collects membership fees for more than 100 fitness centres, were investigated in an item on Fair Go, broadcast on TV One at 7. 30pm on 10 September 2003. Fair Go is a consumer rights programme which looks at issues from the consumers' perspective....

Complaints under section 8(1)(a) of the Broadcasting Act 1989One News – item about an MP who reactivated Dutch citizenship – possible breach of law – MP’s lawyer presented as constitutional specialist and not as legal representative Standard 5 – inaccurate – upheld by broadcaster – role as lawyer since reported in other programme – action considered insufficient Standard 4 – balance – not considered by broadcaster – referred to AuthorityProcess Application by complainant for Discovery – declined Application by complainant for Interlocutory Decision – declinedFindings Standard 4 – item’s focus on possibility of by-election – balanced – not upheld Action Taken – a correction broadcast at the time of error should have occurred – now a year later, no order appropriate – upheldNo OrderThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – live televised debate on race relations included panel and studio audience – comments by Derek Fox interpreted as stating that Don Brash (the Leader of the Opposition) has not read the Treaty of Waitangi – allegedly inaccurateFindingsStandard 5 (accuracy) – comment misinterpreted – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The programme was a panel and studio audience discussion, broadcast live, in which the participants discussed race relations issues between Māori and Pākehā in New Zealand....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

ComplaintEyes Wide Shut – film – screened at 9. 30pm during school holidays – sexual content – unsuitable for children Findings Standard 1 and Guideline 1a – not relevant Standard 9 and Guidelines 9a, 9b & 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] Eyes Wide Shut was a film broadcast during the school holidays, on TV2 at 9. 30pm on Tuesday 21 January 2003. The film was preceded by a warning which cited "strong sexual content", "nudity" and "drug use", and it was classified AO. [2] Cherry Smith complained to Television New Zealand Ltd, the broadcaster, that by not providing sufficient information about the film prior to its broadcast, TVNZ failed to consider the interests of children....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on a fatal bus crash that occurred south of Gisborne on Christmas Eve in 2016. The bus was carrying students and teachers from a visiting Tongan school band. The item featured photos, sourced from a public Facebook page for the Tongan community, of some of the injured passengers in hospital. The Authority upheld a complaint that the broadcast breached the injured passengers’ privacy. While the photos were in the public domain, those featured did not consent to their images appearing in the news item. As injured patients receiving medical care, they were in a particularly vulnerable position....

The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

ComplaintWhat Now? – children’s programme – skit – revolved around farting – breach of good taste and decency – broadcaster not mindful of the effect on children FindingsStandard 1 – contextual matters – no uphold Standard 9 – skit would appeal to children – no uphold This headnote does not form part of the decision. Summary [1] What Now? , a children’s programme, broadcast on TV2 at 7. 30am on 21 April 2002, featured a parody of a well-known television commercial. The parody revolved around "farting". [2] P M McGrath complained to Television New Zealand Ltd, the broadcaster, that the item was disgusting, and not appropriate viewing material for children. [3] Declining to uphold the complaint, TVNZ said it was the policy of What Now? to encourage children to be relaxed about bodily functions and that the programme’s child development experts endorsed this approach....

ComplaintTaste New Zealand – profiles of some food entrepreneurs included one on Ron Hubbard – did not refer to his membership of the Food and Nutritional Advisory Committee and that Committee’s attitude to soy – unbalanced FindingsSection 4(1)(d) – Standard 4 – item did not deal with controversial issue – standard not relevant – no uphold – advise that future marginal complaints may be considered vexatious and trivial This headnote does not form part of the decision. Summary [1] Taste New Zealand is an entertainment series about the food industry. The episode broadcast at 8. 00pm on TV One on 25 September 2002 presented some profiles about a number of successful food entrepreneurs. Ron Hubbard of Hubbard Foods Ltd was one of the entrepreneurs featured. [2] Richard James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included Colmar Brunton poll results on the percentage of party votes for major political parties – results did not take account of “undecided voters” – allegedly inaccurateFindingsStandard 5 (accuracy) – omission of undecided voters not material given the focus and context of the item which was the decline in the level of support for the National Party – potential harm in terms of impact on voter participation was not significant given the length of time until next general election – viewers would not have been misled in any material respect – not upheld This headnote does not form part of the decision....