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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

ComplaintHolmes – Employment Relations Bill – unbalanced – unfair FindingsStandard G6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary The introduction of the Employment Relations Bill was the subject discussed on Holmes broadcast on TV One on 14 March 2000 beginning at 7. 00pm. The Minister of Labour, a trade union representative, an employer representative and the Opposition spokesperson debated some of the issues. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the discussion simplified the highly complex legislation so much that many important concepts, such as collective bargaining, had not been explained. Furthermore, he complained that the participants had not received equal time. TVNZ responded that it did not believe the absence of an explanation about collective bargaining was a breach of broadcasting standards....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – street march through Auckland – topless protester shown – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 March 2005 showed a street march through Auckland that day in support of “family values”. A topless woman was among those shown protesting against the views expressed by the marchers. Complaint [2] Luke McKoy complained to Television New Zealand Ltd, the broadcaster, that showing a topless woman did not observe standards of good taste and decency....

Summary [This summary does not form part of the decision. ] An item on Seven Sharp reported on Kiwis living as ‘second class citizens’ in Australia. At the end of the item, one of the presenters commented, ‘So we hope for some changes in Australia, and until then I guess all you can do is find some Australians over here and be mean to them. ’ He poked his Australian co-presenter in the arm, and the presenters all laughed. The Authority did not uphold the complaint that the comment encouraged denigration and discrimination against Australian people. The comment did not carry any invective or ill-will. It was typical of the usual humour and banter that occurs on Seven Sharp, and viewers would have interpreted it as a light-hearted joke, not a serious call to action....

An appeal against this decision was allowed in part in the High Court with the Authority instructed to amend its order: AP158/91 PDF (204. 76 KB)Download a PDF of Decision No. 1991-025:Mansell and Television New Zealand Ltd - 1991-025 PDF683. 79 KB...

Complaint60 Minutes – documentary – youth suicide – mental health – psychosis and depression – drug use – misleading to blame suicide on cannabis – statements from Life Education Trust Director misleading Findings(1) Standard G1 – no inaccuracies – no uphold (2) Standard G6 – no bias or imbalance – story told from family perspective – honest opinions broadcast – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes broadcast by TV One at 7. 30pm on 13 February 2000 concerned the suicide of James Carruthers. The programme was based around the reflections of James’s parents, and the factors they believed had led to his death. Mr Currie complained to Television New Zealand Ltd, the broadcaster, that the programme had misleadingly blamed cannabis use for James’s behaviour and suicide....

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] An item on One News reported on court proceedings involving the complainant, a professional harness racing trainer and driver. The Authority did not uphold the complaint that two statements in the item were inaccurate and unfair, because they allegedly portrayed her as a ‘drugs cheat’ and were misleading. Taking into account all of the charges and the nature of the offending, the statements would not have misled viewers and did not cause any unwarranted harm to the complainant’s reputation. Not Upheld: Accuracy, Fairness Introduction [1] An item on One News, broadcast on TV One on 25 June 2013, reported on court proceedings involving the complainant, Nicola Chilcott, a professional harness racing trainer and driver....

ComplaintExposé: The Secret Policeman – documentary – BBC reporter acting undercover as a policeman – reported racist attitudes of some police officers – detrimental to those who do not accept racism, especially young people Findings Standard 2 and Guidelines 2b and 2c – in public interest that disturbing attitudes are disclosed – not children’s normally accepted viewing time – not upheld Standard 1, Standard 3, Standard 4, Standard 5, Standard 6, Standard 7, Standard 9 and Standard 10 – to the extent that complaint raised broadcasting standards, all issues assessed under Standard 2This headnote does not form part of the decision Summary [1] The BBC documentary Exposé: The Secret Policeman involved a reporter working undercover as a police officer in Manchester. The programme revealed that some officers behaved in a racist manner or articulated racist views. It was broadcast on TV One at 9. 35pm on 2 December 2003....

Download a PDF of Decision No. 1991-038:Sims and Television New Zealand Ltd - 1991-038 PDF400. 49 KB...

Summary[This summary does not form part of the decision. ]A ONE News item discussed two changes proposed as part of a review of Child Youth and Family Services (CYFS): first, dealing with 17-year-old offenders within the youth justice system rather than the adult justice system; and second, lifting the age that people can remain in CYFS care. The Authority did not uphold a complaint that footage of young skateboarders and riders shown during the item implicitly associated them with youth crime, which was unfair. The skateboarders and riders did not take part and were not referred to during the item at a level that triggered the fairness standard. The footage simply associated them with typical activities for people their age and was in the nature of visual wallpaper. It did not associate young skateboarders and riders with youth crime....

In a segment on Breakfast, the hosts tried out a ‘Bug-A-Salt’; a device in the shape of a firearm which shoots granules of salt to kill flies and other bugs. As part of the segment, the hosts did some ‘target practice’ on a Donald Trump ‘troll doll,’ shooting it down twice. The Authority did not uphold complaints that this breached the offensive and disturbing content and promotion of illegal or antisocial behaviour broadcasting standards. While the Authority found the segment pushed the boundaries of acceptable humour, in the context of the broadcast, including the comedic and light-hearted tone, the focus on the effectiveness of the Bug-A-Salt rather than Trump, and the lack of malicious intent, it found it was unlikely to cause widespread disproportionate offence or distress, or undermine widely shared community standards....

The Authority did not uphold an accuracy complaint about a 1 News item on the use of interlocking concrete blocks to curb coastal erosion on the West Coast. The complaint was that the item inaccurately referred to the location shown in the clip as Granity, rather than Hector, which devalues property in Granity. Given longstanding concerns about coastal erosion spanning across three towns within a small geographical area, including Granity, the Authority did not find any material inaccuracy likely to significantly affect the audience’s understanding of the item as a whole.   Not Upheld: Accuracy...

The Authority has not upheld a complaint that reality dating show Naked Attraction, broadcast after 10pm on TVNZ 2, was indecent and should not be shown on television. In the show, potential love interests are introduced by gradually revealing their naked bodies, from the feet up (un-pixelated). With reference to previous decisions on earlier episodes of the programme, the Authority found that while the programme may not have been to everybody’s taste, ample information was available to enable viewers to make a different viewing choice. In the context there was no harm caused which justified restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint about an item on 1 News which reported on Prime Minister Jacinda Ardern’s visit to the United States Congress, where she spoke with lawmakers including Senator Mitt Romney. The complaint alleged the use of the terms ‘Mormon’ and ‘god-fearing and gun-toting’ in the context of comments about Romney breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint a 1 News item on the Ministerial Inquiry into woody debris (including forestry slash) and sediment in Tairāwhiti | Gisborne and Wairoa was inaccurate, due to the inclusion of some background footage of a forest near Tūrangi which had suffered windthrow. The complainant alleged the footage misled the audience to think forest damaged by windthrow was an example of what poor practices in the forestry sector look like. The Authority found the alleged inaccuracy was not material, and would not have significantly impacted viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

The Authority has not upheld a complaint that an item on Breakfast stating ‘20 million tonnes of plastic waste’ was being exported each year breached the accuracy standard. The figure was accepted as inaccurate (with an estimate of 35,000 tonnes more likely). However, in the context of an item focussed on a petition to address the harm caused to other countries as a result of New Zealand’s large-scale plastic waste exports, the Authority found it was unlikely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a reporter’s comment during a segment on 1 News concerning the death of a child from a throat infection breached the offensive and disturbing content standard. The Authority acknowledged the relevant phrase represented a poor choice of words. However, in the context, the Authority accepted that it was inadvertent and did not merit regulatory intervention. Not Upheld: Offensive and Disturbing Content...

The Authority has not upheld a complaint that broadcasting an image of Julian Batchelor’s car (sign-written with ‘stop co-governance’ advertising, including Batchelor’s website domain name, and cell phone number) breached Batchelor’s privacy due to the car’s licence plate not being blurred. The Authority found that no private information had been disclosed – noting the car was parked in a publicly visible place, and the Authority has previously found brief footage of licence plates in a broadcast does not amount to an offensive disclosure of private facts, for the purposes of the standard. Not Upheld: Privacy...

The Authority has not upheld a complaint that the inclusion of a clip during Seven Sharp of two people pitch invading or ‘streaking’, one of whom was in a wheelchair, breached the promotion of illegal or antisocial behaviour standard. While the Authority acknowledged streaking is illegal at major sporting events, the streaking in the clip occurred at a club football match. The reason the clip was highlighted and presented in a positive light was because one of the streakers was in a wheelchair, which is not a typical occurrence, and because the clip had been shared around the world. Further, at the beginning of the clip the host explicitly commented ‘Pitch invasion is frowned upon these days. ’ In the circumstances, the Authority found the clip was unlikely to promote or encourage streaking. Not Upheld: Promotion of Illegal or Antisocial Behaviour...