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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-001 Dated the 23rd day January 1997 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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Election 2005 and Close Up – debates between Prime Minister and Leader of the Opposition, and Labour and National parties’ finance spokespersons, prior to the 2005 General Election – allegedly unbalancedFindingsStandard 4 (balance) – complaint a matter of viewer preferences – no issue of broadcasting standards arose – decline to determineThis headnote does not form part of the decision Broadcast [1] TVNZ broadcast two political programmes on TV One prior to the 2005 general election. The first was Election 2005, a live studio debate featuring the Prime Minister Rt Hon Helen Clark and National Party leader Dr Don Brash, screened on 22 August 2005. [2] The second was Close Up, which involved a studio discussion without an audience between Labour’s finance spokesperson, the Hon Dr Michael Cullen, and National’s finance spokesperson John Key, broadcast on 23 August 2005....

ComplaintOne World of Sport: Rugby Sevens – live broadcast during half-time break – "fuck"– offensive language FindingsStandard G2 – barely audible – emotionally charged sports broadcast – no uphold This headnote does not form part of the decision. Summary One World of Sport: Rugby Sevens was broadcast live on TV One from 7. 00pm until 9. 36pm on 5 February 2000. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that offensive language "containing the ‘f’ word" was broadcast in the half-time break of the final match, during filming of the New Zealand team’s half time huddle. Mr Schwabe said that it was irresponsible to broadcast from a live microphone in these and similar circumstances. TVNZ responded that, while there appeared to be strong language used, it was indistinct....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

TVNZ's request to the Authority to recall Decision 1999-053 and not to issue that decision for publication declined. A PDF of Decision 1999-054 can be downloaded here: Loos and Television New Zealand Ltd - 1999-054 PDF234. 41 kB...

Download a PDF of Decision No. 1992-038:Turner and Television New Zealand Ltd - 1992-038 PDF226. 84 KB...

Download a PDF of Decision No. 1992-087:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-087 PDF842. 45 KB...

ComplaintOne News – CCS referred to as Crippled Children’s Society – obsolete – discriminatory – inaccurate – unfair FindingsStandard 5 – not inaccurate – no uphold Standard 6 and Guideline 6g – denigration or discrimination not encouraged – no uphold This headnote does not form part of the decision Summary [1] The return to Wellington of night-club entertainer, Carmen, was dealt with during an item on One News broadcast on TV One between 6. 00–7. 00pm on 25 October 2002. The reporter pointed to one building bearing the CCS logo which, he said, had been a brothel and was now used by the Crippled Children’s Society. [2] Russell Vickery, a National Board Representative with NZCCS, complained to Television New Zealand Ltd, the broadcaster, that as the organisation was the New Zealand CCS Incorporated, it was incorrect and unfair to describe it as the Crippled Children’s Society....

ComplaintThe Book Group – drama – male sex scene – offensive FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The Book Group is a series about a group of people who regularly meet to discuss books, and is described by the broadcaster as a “quirky and unpredictable drama”. An episode broadcast on 24 September 2003 at 10. 05pm on TV One included a scene of two men having sex. [2] Michael Beedell complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and “inappropriate for public viewing”. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Beedell referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintOne News – item reporting preliminary hearing of private prosecution of Constable A for murder – report of evidence of prosecution witness – unbalanced – biased – broadcaster’s response to complainant assumed his sympathy for Constable A – complainant argues that assumption influenced determination FindingsStandard 4 – coverage of trial ongoing – day’s coverage balanced – no uphold Standard 6 and guideline 6a – one day’s evidence reported fairly – no uphold This headnote does not form part of the decision. Summary [1] The evidence given by a prosecution witness about events he had seen in Waitara on the morning of the shooting of Steven Wallace was dealt with in a news item which reported the second day of the private murder prosecution of Constable A. The item was included on One News broadcast on TV One on 22 January 2002 between 6. 00–7. 00pm....

ComplaintHavoc and Newsboy’s Sellout Tour – The Victory Lap – complainant shown blindfolded opening oysters at Bluff Seafood Festival – comments from Newsboy suggested he was drunk or had been taking drugs – inaccurate – unfair – defamatory FindingsStandard 6 – satirical series – festival and activities lampooned – complainant identifiable – reputation as oyster shucker not impugned – not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Richard Lee Kahukura was featured opening oysters while blindfolded at the Bluff Seafood Festival in an episode of the satirical series Havoc and Newsboy’s Sellout Tour – The Victory Lap broadcast on TV2 at 10. 00pm on 9 July 2002. [2] Mr Kahukura complained to Television New Zealand Ltd, the broadcaster, that the comments during the broadcast made by Newsboy, suggesting that he was drunk and drugged, were inaccurate, unfair, and defamatory....

Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this decision. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item focused on an investigation of alleged dangerous driving practices in the New Zealand Army – contained interviews with an army driving instructor Greg McQuillan and Colonel Paul van Den Broek – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – NZDF given adequate opportunity to respond to allegations and present the Army's perspective – broadcaster provided the necessary significant viewpoints on the topic within the period of current interest – not upheld Standard 5 (accuracy) – comment, "A licence to kill?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – satirical item reported on marketing strategy to enhance Palmerston North’s image as a visitor destination – included file footage of clock tower and other buildings – footage taken prior to $24 million redevelopment – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – file footage was extremely brief – not a material point of fact – would not have misled viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A satirical item on Close Up, broadcast on TV One at 7pm on Friday 1 October 2010, entitled “Worst Town”, reported on an initiative by Palmerston North City Council to improve the city’s image by marketing its top seven destinations. The presenter introduced the item as follows: You remember comedian [name] branded it ‘suicide capital of New Zealand’....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989North – host used the phrase “buggered it” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – tenth occasion that the complainant has complained about the word “bugger” – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During an episode of North, broadcast on TV One at 7pm on Sunday 27 March 2011, the presenter took a boat trip to Kawau Island. Speaking to the boat’s captain about the history of the island, the presenter said, “I’ve never understood Kawau. It’s always seemed to me that [Governor Sir George Grey] buggered it, you know? All sorts of animals and plants. . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Nothing Trivial – broadcast during Coronation Street – contained sexual references – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sexual references were fleeting and innocuous – consistent with viewer expectations of Coronation Street and PGR timeband – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 7. 30pm and 8. 30pm on 12 July 2011, during Coronation Street which was rated PGR. [2] In the promo, the characters were shown talking about their quiz topic strengths, while thinking about their personal lives, as follows: Emma: I like animals and I know a bit about cooking. . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Last House on the Left – horror movie contained scene which showed the violent rape of a young teenage girl – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – rape scene was justified by the movie’s “external” and “narrative” context – viewers were provided with sufficient information to regulate their own viewing behaviour – not upheld Standard 10 (violence) – contextual factors – rape scene was not gratuitous or designed to titillate – explicit warning for graphic and sexual violence – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Introduction [1] The Last House on the Left, a remake of a 1972 horror movie by Wes Craven, was broadcast on TV2 at 10....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reference to British Prime Minister David Cameron as “an old mate of John Key’s” in relation to the Leveson Inquiry into British press – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – reference to “old mate” in the introduction to the item was not a material point of fact and would not have misled viewers – not upheld Standard 6 (fairness) – brief comment did not implicate Mr Key in the manner alleged – not unfair to Mr Key – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the Leveson Inquiry into the culture, practices and ethics of British press....