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Decisions
Caughey and Leyland and Television New Zealand Ltd - 2018-009 (10 May 2018)
2018-009

Summary[This summary does not form part of the decision. ] Over two evenings on 6 and 7 November 2017, 1 News explored issues of climate change in the lead up to the 2017 United Nations Climate Change Conference (COP23), presided over by Fiji. During the 6 November 2017 broadcast, a segment titled ‘Rising Sea Levels’ focused on the relocation of Vunidogoloa in Fiji two kilometres inland. The ‘threat’ of ‘rising sea levels’ was revisited during an item on 7 November 2017, which focused on Kiribati purchasing higher ground in Fiji. The Authority did not uphold complaints from two complainants that these broadcasts were inaccurate and unbalanced on the basis there had been little or no rise in sea levels in Fiji or Kiribati. These items focused on Fiji’s position that it was particularly vulnerable to the impacts of climate change, including rising sea levels....

Decisions
Hyslop & McElroy and Television New Zealand Ltd - 2018-073 (14 November 2018)
2018-073

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9. 30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants....

Decisions
Cable and Television New Zealand Ltd - 2020-110 (21 December 2020)
2020-110

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...

Decisions
O’Neill and Television New Zealand Ltd - 2022-064 (31 August 2022)
2022-064

The Authority did not uphold a complaint alleging an item on 1 News about nurses suffering ‘fatigue and burnout’ breached broadcasting standards. The complainant was concerned for an interviewee’s mental wellbeing and the broadcast’s omission of any interview with the interviewee’s employer or discussion of the employer’s accountability for the situation. The Authority found the balance standard did not apply, as no controversial issue was discussed; the issue of current nurse shortages is a fact. In any event, significant perspectives on the issue were broadcast within the (ongoing) period of current interest. The Authority also found the broadcast was materially accurate and unlikely to mislead viewers. The discrimination and denigration standard also did not apply. Not Upheld: Balance, Accuracy, Discrimination and Denigration...

Decisions
Kennedy and Television New Zealand Ltd - 1996-166
1996-166

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-166 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARY KENNEDY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Hadlow and Television New Zealand Ltd - 1998-088
1998-088

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-088 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE REV CANON GERALD HADLOW of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Jeune and Television New Zealand Ltd - 1998-160
1998-160

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Decisions
Edwards and Television New Zealand Limited - 1999-081
1999-081

Summary A character, "Xerox – Warrior Prince", in the "Serial Stuff" series in What Now, was portrayed eating some oversized food items. He also made some enthusiastic comments about food in skits in which he appeared. The actor who played the character had a larger build than the other actors. The programme was broadcast on TV2 on 14 March 1999, commencing at 8. 00 am. Mrs Edwards complained to Television New Zealand Limited, the broadcaster, that the character perpetuated the stereotype that people who are above "normal weight" were like that because they ate too much. "Fat phobia" could be reinforced in children’s minds, she wrote, and could lead to bulimia or anorexia. TVNZ responded that the effect of the "Billy Bunter type character" was to lampoon such stereotyping. The acting was exaggerated, it wrote, to show how silly pre-conceived ideas about types of people can be....

Decisions
Brittons Housemovers (Wellington) Ltd and Television New Zealand Ltd - 1999-199, 1999-200
1999-199–200

SummaryA nightmare housemoving experience was related by a woman featured in a programme entitled "My House, My Castle" broadcast on TV2 on 19 July 1999 beginning at 8. 00pm. The programme was previewed in the days preceding the broadcast. Michael Bott, on behalf of Brittons Housemovers (Wellington) Ltd, complained to Television New Zealand Ltd, the broadcaster, that footage showing a truck belonging to the company was used to illustrate the "housemoving story from hell". In fact, Brittons Housemovers had had no connection with the move, he wrote. The company cited a number of broadcasting standards which it contended were breached by the programme and the promos. In its response, TVNZ explained that the shots of the housemoving truck were archival shots which had been used to illustrate the story. It maintained that the company could not have been identified from that footage....

Decisions
PW and Television New Zealand Ltd - 2000-136
2000-136

ComplaintPrivate Investigators – item on computer software piracy – privacy – identification Findings(1) Privacy – no identification – no uphold This headnote does not form part of the decision. Summary An episode of Private Investigators, a series about the activities of private investigators in New Zealand, was broadcast on TV One at 7. 30pm on 27 June 2000. PW, through her lawyer, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached her privacy. The programme had included a segment about pirated computer games. Footage was broadcast which showed a private investigator recovering software from a house occupied by PW. PW’s lawyer explained that she had been recently released from the police witness protection scheme, and had expressed to the programme makers her wish not to be identified due to her background....

Decisions
Bernie and Television New Zealand Ltd - 2002-020
2002-020

ComplaintWeddings: Happily Ever After? – update on some couples who appeared in Weddings – breach of privacy FindingsPrivacy – consent form for footage from Weddings – subsequent information freely given – no uphold This headnote does not form part of the decision. Summary [1] An episode of Weddings: Happily Ever After? was broadcast on TV2 at 7. 00pm on 23 September 2001. The programme reported on the state of the relationships of some of the couples who had appeared on previous episodes of Weddings. [2] Kylie and Simon Bernie, one of the couples, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme had breached standards relating to privacy. Mr and Mrs Bernie maintained that they had not consented to the inclusion of information about them or their baby daughter in the programme....

Decisions
de Villiers and Television New Zealand Ltd - 2009-029
2009-029

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported sentencing of man convicted for stabbing a teenage tagger – reporter asked victim’s family for comment regarding defence lawyer telling them to “get over it” – footage showed lawyer saying it was “time for people to move forward, to move on” – allegedly in breach of accuracy and fairness Findings Standard 5 (accuracy) – reporter’s question was a reasonable summation of the lawyer’s comments when juxtaposed with footage of lawyer’s comments – not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant did not identify who he thought was treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Oswald and Television New Zealand Ltd - 2009-106
2009-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covered the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court explaining how his relationship with Ms Elliott began – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – details of relationship were not sufficiently explicit to require a warning – high degree of public interest – contextual factors – not upheld Standard 3 (privacy) – deceased person not an “individual” for the purposes of Broadcasting Act 1989 – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Thursday 9 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott....

Decisions
Cook and Television New Zealand Ltd - 2008-021
2008-021

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....

Decisions
Lowes and Television New Zealand Ltd - 2005-025
2005-025

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News, Marae and Te Karere – One News newsreader referred to Prince William as the popular choice for the next “King of England” – Marae discussion on constitutional change – presenter and guests referred to “Queen of England” – Te Karere item referred to Princes Charles as the “monarch of England” – all items allegedly inaccurate, and in breach of law and order standardFindingsStandard 2 – no basis for complaint – not upheld Standard 5 – not inaccurate – use of phrase “Queen/King of England” acceptable description – not upheldThis headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd broadcast items on Marae on 14 November 2004, One News on 11 February 2005 and Te Karere on 8 March 2005, all of which referred in some way to the British Royal Family....

Decisions
Freedman and Television New Zealand Ltd - 2005-095
2005-095

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Decisions
Bulathsinghala and 4 Others and Television New Zealand Ltd - 2004-129
2004-129

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Decisions
Mahurangi Christian Community Trust and Television New Zealand Ltd - 2004-212
2004-212

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

Decisions
Eichbaum and Television New Zealand Ltd - 2003-100
2003-100

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

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