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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A, Breakfast, Close Up and One News – items discussed proposed mandatory fortification of bread with folic acid and whether there were health risks involved – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – programmes discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view across programmes within the period of current interest – not upheld Standard 5 (accuracy) – statements of fact were qualified – concerns adequately dealt with under Standard 4 – not upheld Standard 6 (fairness) – complainant did not nominate a person in original complaint who was treated unfairly – Minister was treated fairly – not upheld Standard 8 (responsible programming) – programmes presented range of views on a topical issue – would not have alarmed viewers – not upheld This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Scrubs – storyline involving a patient who had taken erectile dysfunction pills – allegedly in breach of children’s interests standard Findings Standard 9 (children’s interests) – storyline was handled in a discreet and inexplicit manner – acceptable within PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Scrubs, a comedy programme following the lives of staff at a fictional hospital, was broadcast on TV2 at 8pm on Wednesday 21 May 2008. One of three storylines in the episode followed a doctor, Elliot, as she treated a man who had a persistent erection after taking erectile dysfunction pills. [2] The storyline was introduced when Elliot addressed a patient in the waiting room, asking “what seems to be the problem?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News and Tonight – item reported on the release of the "Sutch Papers" by the New Zealand Security Intelligence Service – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – Sutch Papers released did not confirm that "Sutch had a longstanding association with the KGB" as stated in the item – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 6 June 2008 and repeated on Tonight at 10. 30pm the same evening, reported on the release of the Sutch Papers by the New Zealand Security Intelligence Service (NZSIS)....

Complaint under section 8(1C) of the Broadcasting Act 1989The Pretender – character stated "Jesus fucking Christ" – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Pretender was broadcast on TV2 at 10pm on Sunday 28 September 2008. The programme was a satirical comedy that followed the life of a fictional Member of Parliament, Denis Plant, and his fictitious political party, Future New Zealand. [2] During the episode, one of the characters said "Jesus fucking Christ" after learning of a potentially disastrous political blunder by Mr Plant. [3] The programme was preceded by a verbal and written warning that stated: This programme is rated Adults Only. It contains language that may offend some people....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sex and Lies in Cambodia – documentary about New Zealand man jailed in Cambodia for the rape of five teenage girls – interviewed a Swiss man who was assisting with the case and who had been accused but acquitted of similar crimes – filmed man with a hidden camera – allegedly in breach of privacy and unfairFindings Standard 3 (privacy) and privacy principle 3 – broadcast of hidden camera footage in breach of privacy principle 3 – no public interest in the footage – upheldStandard 6 (fairness) – man treated unfairly by broadcast of hidden camera footage – upheldOrder Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $500 Section 16(4) – payment of costs to the Crown $5,000. 00 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item discussed the case of an elderly woman who bought an expensive vacuum cleaner from a door-to-door salesman – item included an interview with the door-to-door salesman and a representative from the Consumers’ Institute – allegedly unbalanced, unfair and the action taken subsequently to correct an inaccuracy was insufficient Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – action taken by the broadcaster to correct the inaccuracy was sufficient – not upheld Standard 6 (fairness) – item gave the company and salesman an adequate opportunity to respond – host’s comment did not imply companies that sold expensive vacuum cleaners were dishonest – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item looked at the government’s surplus and the likelihood of tax cuts – presenter made a comment regarding possible tax cuts – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – presenter’s statement appeared to take a position – statement was balanced by comments from the political reporter – issue of tax cuts had a long history and was well publicised – not upheld Standard 5 (accuracy) – subsumed into consideration of Standard 4 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 10 October 2007, discussed the cause and effect of the Labour-led Government’s $8. 6 billion surplus and the likelihood of tax cuts before the next election....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Medical drama series Bodies – scene involving woman giving birth and then having difficulty delivering placenta – woman’s genitals explicitly shown – allegedly breach of good taste and decencyFindings Standard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] Bodies is a medical drama series set in the obstetric and gynaecological ward of a fictional English hospital. The episode screened on TV One on 9 May 2006 at 9. 30pm commenced with the story of a woman giving birth. Following the birth scenes, the woman was shown lying on her back with her legs elevated in stirrups, awaiting the delivery of the placenta. When the placenta was eventually delivered, the woman suffered a uterine inversion, whereby the uterus is literally turned inside-out and appears outside the vagina....

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – footage of parade in Auckland promoting Erotica exhibition – included bare-breasted women riding as pillion passengers on motorcycles – comments both for and against the parade – allegedly in breach of good taste and decency and the interests of children FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – warning during news item – unaccompanied children unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] Footage of bare-breasted women riding as pillion passengers on motorcycles was shown in an item on One News broadcast on TV One at 6. 00pm on 23 August 2006....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of privacyFindings Standard 3 (privacy) – signatures on a petition not private facts – not upheldThis headnote does not form part of the decision. Broadcast [1] Recent controversy about the noise levels at the Western Springs Speedway in Auckland was discussed on Close Up @ 7 on TV One at 7pm on 17 December 2004. The item included a studio discussion with a member of the local residents’ group that had petitioned to get the noise levels reduced, and an Auckland City Councillor. [2] The item began by showing the signatures of those whose petition over the noise levels had been presented to the Environment Court....

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – man shown gathering scallops – statement in programme that “there was sufficient there anyway to issue him with a couple of infringement notices” – allegedly in breach of privacyFindingsStandard 3 (privacy) – filmed in a public place – no private facts disclosed – not upheldThis headnote does not form part of the decision. Broadcast [1] A segment on Coastwatch broadcast on TV One at 7. 30pm on 14 February 2005 showed a diver approached by Ministry of Fisheries officers while gathering scallops. The fisheries officer told him that he should only have collected 60 scallops, whereas he had 104 scallops on the boat. The fisheries officer explained that this was “not in the area of what we consider to be a serious offence”, and the diver said that he had been trying to do things by the book....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about meeting of the five McCartney sisters with President Bush in Washington – women’s brother had been killed by IRA – item also showed President Bush meeting Irish Prime Minister – item later reported that the President declined to meet with Sinn Fein leader Gerry Adams – item failed to identify Irish Prime Minister – allegedly unbalanced and inaccurateFindings Standard 4 and Guideline 4a (balance) – no discussion of controversial issue of public importance – not upheld Standard 5 and Guideline 5a (accuracy) – Irish Prime Minister identified as such in the script – not inaccurate – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Border Patrol – footage of hedgehogs and ducks to which explosives had been attached – footage of wall splattered with blood and feathers – allegedly offensive and unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – restrained images – not upheldThis headnote does not form part of the decision. Broadcast [1] A disc containing images of extreme cruelty to animals was among hundreds of discs seized by a Customs Officer. The seizure was dealt with in an episode of Border Patrol and the item included footage of hedgehogs and ducks which had been tied up and had explosives attached to them. It also included footage of walls splattered with blood and feathers. The episode of Border Patrol was broadcast on TV One at 7. 30pm on 23 May 2005....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about massacre of about 80 people in northern Kenya including 22 children – allegedly unnecessarily graphic and excessively violent, and breached children’s interestsFindingsStandard 9 and guidelines 9a, 9e, and 9f (children’s interests) – introduction provided signpost and themes handled with discretion – not upheld Standard 10 and guideline 10g (violence) – discretion shown to exclude graphic material – not upheldThis headnote does not form part of the decision. Broadcast [1] A massacre in northern Kenya in which about 80 people were killed, including 22 children, was covered in a news item broadcast on One News on TV One beginning at 6. 00pm on 16 July 2005. Complaint [2] On behalf of Viewers for Television Excellence Inc....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Frontier of Dreams – history of New Zealand – first two episodes – stated that first migrants settled in New Zealand about 800 years ago – allegedly inaccurateFindingsStandard 5 (accuracy) – programme based on modern scholarship and the current understanding of scientific evidence – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Frontier of Dreams is a television history of Aotearoa/New Zealand. The first broadcast, a double episode, was screened on TV One at 7. 30pm on 24 September 2005. The first episode dealt with the history of New Zealand before settlement by humans which, it said, occurred about 800 years ago. While acknowledging that New Zealand might have been visited by humans earlier, the programme said the first migrants arrived about 800 years ago. This account was repeated in the second episode....

ComplaintHolmes – comment that Ponsonby Rugby Club had produced the most All Blacks – inaccurate – TVNZ upheld complaint as technical breach of Principle 5 and apologised – action taken insufficient FindingsAction taken sufficient – not upheld This headnote does not form part of the decision Summary [1] During a Holmes broadcast on TV One at 7. 00pm on 25 August 2003, a reporter commented that Ponsonby Rugby Club had produced the most All Blacks. The statement was repeated later in the programme by the presenter. [2] Mr Burke complained to Television New Zealand Ltd, the broadcaster, that the statement was inaccurate. [3] TVNZ upheld the complaint and apologised by letter to the complainant and members of his rugby club. [4] Dissatisfied that TVNZ's action upon upholding the complaint did not include an on-air correction and apology, Mr Burke referred his complaint to the Broadcasting Standards Authority under s....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item describing shooting down in Iraq of US military helicopter by “enemy fire” – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – balance provided in period of current interest – not upheld Standard 5 (accuracy) – not inaccurate in this context – not upheld This headnote does not form part of the decision. Broadcast [1] An item which described the shooting down in Iraq of a US military helicopter by “enemy fire” was broadcast on One News on 3 January 2004 at 6. 00pm. Complaint [2] Simon Delahunt complained to Television New Zealand Ltd, the broadcaster, that describing Iraqis as the “enemy” was unbalanced and inaccurate. In his view, the use of this: … subjective, generic term forg[ed] an identification between the New Zealand viewer and the occupier of Iraq....

Complaints under section 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Holmes – two items about a cat captured by complainant who thought it was a stray and took it from West Auckland to Penrose – second Holmes item advised cat found – allegedly inaccurate, unfair and a breach of privacy Eating Media Lunch – rebroadcast of some footage from Holmes – allegedly a breach of privacy FindingsHolmes items: Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld Standard 5 (Accuracy) and Guidelines 5a and 5b – no factual errors – item reported that letter of apology received since Holmes involvement, not because of Holmes involvement – not upheld Standard 6 (Fairness) and Guidelines 6a, 6c, 6d, 6f – light-hearted item – no intention to humiliate complainant – not upheld FindingsEating Media Lunch Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld…...