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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaints under s....

The Authority has not upheld a complaint about a 1News item on Mother’s Day profiling a women’s duck shooting group in the Hawke’s Bay. The complaint alleged the tone of the item was disrespectful to wildlife including native wildlife, through irreverent comments such as describing duck shooting as ‘fun’ and good for ‘mental health’, which was ‘deeply offensive’; and it lacked balance and accuracy by not telling the other side of the story from the growing number of people who oppose duck shooting, or providing broader context about wildlife decline including among the four native species that are ‘allowed to be shot’. The Authority found the item was clearly framed as a light-hearted human-interest story rather than an in-depth exploration of a controversial issue requiring balancing viewpoints. Its tone and content were unlikely to disproportionately disturb or offend most viewers, in the context....

The Authority has not upheld a complaint that an episode of Travel Guides Australia breached the discrimination and denigration standard by featuring one of the show’s participants stating he grew hair quickly due to his ‘wog genetics’. The Authority noted the word ‘wog’ can have different meanings; typically referring to non-white people in British English and to people with Southern European ancestry in Australian English, and that these constituted recognised sections of the community for the purposes of the standard. While the Authority acknowledged the potential harm in the use of the word, in this particular context (being used by someone of Greek heritage to describe themselves), it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: Discrimination and Denigration...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item parodied “naked” news programmes – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – sequence unnecessarily lengthy – gratuitously explicit – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Eating Media Lunch is a series that lampoons aspects of the media both in New Zealand and overseas. The use of semi-naked news presenters in some countries was featured in the item broadcast on TV2 starting at 10. 00pm on Tuesday 15 November 2005. [2] The item presented the “Fuck News” which was said to originate in France. The item showed two partly dressed presenters who seemed to be having sexual intercourse while reading the news....

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 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...

In an episode of Seven Sharp, journalist Laura Daniels presented regarding creating a European inspired holiday from within New Zealand, in the context of COVID-19 travel restrictions. It included a scene where she pretended to eat cigarettes from a plate. The Authority did not uphold a complaint the broadcast was inappropriate for children to watch and breached the children’s interests standard. Taking the contextual factors into account, in particular the audience expectations of Seven Sharp, the Authority found the segment was unlikely to adversely affect children. Not Upheld: Children’s Interests...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Trial by Ordeal – documentary – examined three jury trials of John Barlow charged with double murder – questioned fairness in view of the length of the process – interviewed some participants and set up mock jury to hear evidence – allegedly gratuitous murder reconstructions, offensive and unnecessarily violent, and favoured defence over prosecutionFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 4 (balance) – opposing perspectives advanced – not upheld Standard 10 (violence) and Guidelines 10b (cumulative effect) and 10f (repeated gratuitously) – reconstructions, while gruesome, were not gratuitous or repeated unnecessarily – not upheldThis headnote does not form part of the decision. Broadcast [1] Trial by Ordeal was a documentary broadcast on TV One at 9. 00pm on 12 February 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about the disappearance of a six year old boy who had allegedly been kidnapped by his maternal grandfather – acting on an anonymous tip, reporter went to a remote farm and filmed an interview with the property owner – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) – broadcasting footage of complainant filmed on private property without his knowledge amounted to a breach of privacy principle 3 – no public interest in broadcasting the footage – upheld Standard 6 (fairness) – programme did not leave a negative impression of complainant – not unfair – not upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,000 Section 16(1) – payment of costs to the complainant $574....

ComplaintPromo for Always Greener – bare buttocks masked by a "smiley face" – indecent – harmful to children FindingsStandard 1 and Guideline 1a – masking device not offensive – no uphold Standard 9 and Guideline 9a – not harmful to child viewers – no uphold This headnote does not form part of the decision Summary [1] A promo for Always Greener was broadcast on TV One at various times on 2 February 2003. A "smiley face" was used to cover the bare buttocks of a male character. [2] John Lowe complained to Television New Zealand Ltd, the broadcaster, that masking the human form in this manner was offensive and harmful to children. [3] In response, TVNZ said the "smiley face" was attached so that the promo could be shown at any time. It declined to uphold the complaint that the masking breached broadcasting standards....

ComplaintSpace – interview with two female porn actors – promoted their profession and business interests – no information about full activities of interviewees – unbalanced – abusive and objectionable language in complainant’s final comment FindingsStandard G6 – decline to determine This headnote does not form part of the decision. Summary [1] Two visiting female porn actors were interviewed on Space, broadcast on TV2 between 10. 25pm and midnight on 9 November 2001. The questions focused mainly on how they became involved in the industry, and one of the interviewees asked viewers interested in entering the industry to contact them. [2] Phillip Smits complained to Television New Zealand Limited, the broadcaster, that the interview was unbalanced as no one spoke about the degrading aspects of the industry....

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

Decision The members of the Authority have viewed a tape of the film complained about and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing. Mulholland Falls, a film about organised crime in Los Angeles, was broadcast on TV2 on 25 October 1999 beginning at 8. 30pm. It followed the adventures of a special police squad which had been set up to destroy gangs. Stuart Maclean complained to TVNZ that the opening sequence, which depicted what he said was the beginning of oral sex, was not of a standard consistent with good taste and decency and was completely unacceptable at 8. 30pm on a channel which purported to be a family channel. TVNZ assessed the complaint under standards G2 and G12 of the Television Code of Broadcasting Practice....

ComplaintOne News – Hector dolphins on the Avon river – comment from observer – "just watching dolphins…sitting like a dork in the rain – use of term "dork" offensive Findings Standard G2 – no breach of good taste and decency – no uphold This headnote does not form part of the decision. Summary The word "dork" was used by a man interviewed during an item on Hector dolphins, broadcast on One News on 28 November 2000 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word dork, which he described as a "gutter word for penis" was irrelevant to the appearance of the dolphins. He contended that it should not have been broadcast in an early evening item of high interest to children....

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Summary [This summary does not form part of the decision]A ONE News item showed security footage of a violent attack on a liquor store worker by four men to assist police in identifying and apprehending the attackers. Two explicit warnings were given prior to the footage. The Authority did not uphold the complaint that the violence shown was gratuitous. It was an important news story aimed at identifying and catching the attackers and was accompanied by clear warnings from the broadcaster. Not Upheld: Good Taste and Decency, Violence, Responsible ProgrammingIntroduction[1] A ONE News item showed a violent attack on a liquor store worker by four men. The security footage showed the store worker being punched, kicked and dragged across the store, having a bottle of spirits smashed over his head and being kicked in the head as he lay on the ground....