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McBride and Television New Zealand Ltd - 1996-029
1996-029

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996 - 029 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Radfords and Television New Zealand Ltd - 2003-017
2003-017

Complaint Private Investigators – complainants’ boat repossessed from their property – no attempt to pixellate them – humiliating – breach of privacy FindingsStandard 3 and Guideline 3a – Privacy principle (i) – facts disclosed objectionable – no public interest – uphold OrderBroadcast of statement; compensation of $750 to each of the complainants This headnote does not form part of the decision. Summary [1] The repossession of a boat on which money was owing for the outboard motor was shown in a segment on Private Investigators broadcast on TV One at 9. 35pm on 6 November 2002. Private Investigators is a reality series which shows the range of activities undertaken by private investigators. [2] Mr and Mrs B Radford, the owners of the boat, complained through their solicitors to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached their privacy....

Decisions
Stevenson and Television New Zealand Ltd - 2004-028
2004-028

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....

Decisions
Blue and Television New Zealand Ltd - 2011-131
2011-131

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

Decisions
Loos and Television New Zealand Ltd - 1999-053
1999-053

A PDF of Decision 1999-053 can be downloaded here:Loos and Television New Zealand Ltd - 1999-053 PDF185. 19 KB...

Decisions
Smits and Television New Zealand Ltd - 2001-100
2001-100

ComplaintSpace – interview with rock group Pantera – language – fuck – motherfucker – offensive – standard G2 upheld by broadcaster – warning acknowledged as inadequate – action taken to improve warnings FindingsDecline to determine – s. 11(b) – attempt by complainant to re-litigate conviction for use of obscene language under Telecommunications Act This headnote does not form part of the decision. Summary "Pantera", a heavy metal band, was interviewed on Space which was broadcast on TV2 on 11 May 2001 starting at 10. 25pm. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the language in a programme aimed at young people was obscene. In response, TVNZ noted that the interview included the words "fuck" and "motherfucker". It referred to the programme’s AO rating and time of broadcast, and said that the language used was part of the "Pantera persona"....

Decisions
Tucker and Television New Zealand Ltd - 2010-095
2010-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30– item on two New Zealanders who assisted with oil spill clean-up in the Gulf of Mexico – stated that the pair thought that New Zealand maritime authorities would be well equipped to deal with a spill of the same scale on New Zealand shores – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – news reporter’s comment clearly conveyed technicians’ opinion – item not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4....

Decisions
O'Neil and Television New Zealand Ltd - 2010-124
2010-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989What Now – spoof of talent shows called "Fairytale's Got Talent" – guest judge said to Cinderella who was a contestant, "Next time I'm holding one of my balls, you're invited" – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – child viewers would have understood the comment to be a reference to the Cinderella fairytale – comment did not go beyond the programme's G rating – not upheld This headnote does not form part of the decision. Broadcast [1] During What Now, broadcast on TV2 at 8am on Sunday 15 August 2010, the programme's hosts and two former New Zealand Idol judges, Paul Ellis and Frankie Stevens, participated in a spoof of television talent contests, called "Fairytale's Got Talent". A contestant, Cinderella, performed on the saxophone....

Decisions
Niumata and Television New Zealand Ltd - 2002-166
2002-166

ComplaintBehind the Scenes – Ali G in da house – offensive behaviour FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] The programme Behind the Scenes – Ali G in da house was broadcast on TV 2 at 10. 45pm on 16 July 2002. [2] Angela Niumata complained to Television New Zealand Ltd, the broadcaster, that the programme included a sequence where the main character performed a suggestive and offensive act upon another character. [3] In declining to uphold the complaint, TVNZ said that in the context of adult comedy, the scene complained about did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Ms Niumata referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Henderson and Television New Zealand Ltd - 2013-053
2013-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenters used the term “anti-gay” to refer to people who opposed same-sex marriage – allegedly in breach of accuracy, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – while use of term “anti-gay” was sloppy, and incorrect when taken in isolation, it was corrected by context of discussion about gay marriage – not upheld Standard 7 (discrimination and denigration) – term “anti-gay” was used in context of discussion about gay marriage and did not carry any malice or invective – did not encourage discrimination or denigration against people opposed to same-sex marriage – not upheld Standard 8 (responsible programming) – viewers would not have been deceived – not upheld This headnote does not form part of the decision....

Decisions
Robertson and Television New Zealand Ltd - 2022-015 (30 May 2022)
2022-015

The Authority has not upheld a complaint about a 1 News item investigating Waka Kotahi’s communications around its use of glyphosate. The complainant stated the item was unbalanced as it did not present views supporting glyphosate’s safety. The Authority found, as the broadcast was narrowly focused on one aspect of a larger debate around glyphosate use, no further balancing material relating to glyphosate safety was required. It noted the item had signalled the existence of other views and glyphosate’s safety was the subject of ongoing media coverage. Accordingly, viewers could reasonably be expected to be aware it was the subject of competing points of view and were unlikely to be left misinformed by the broadcast. Not Upheld: Balance...

Decisions
Kane and Television New Zealand Ltd - 2022-012 (18 May 2022)
2022-012

The Authority has not upheld a complaint about a 1 News item on Tross Publishing, which it reported had been ‘accused of publishing books that are anti-Māori, inaccurate and harmful’ and discussed the use of its books in schools. While the complainant was concerned the broadcast was ‘anti-white’ and ‘anti-immigrant,’ the Authority found it did not encourage the denigration of, or discrimination against ‘white’ people, and that immigrants are not a recognised section of the community for the purposes of the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the item, the broadcast did not breach the accuracy standard, and Tross Publishing was treated fairly in the broadcast. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Earnshaw and Television New Zealand Ltd - 1994-034, 1994-035
1994-034–035

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Group Against Liquor Advertising and Television New Zealand Ltd - 1996-011
1996-011

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-011 Dated the 8th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Fowlie and Television New Zealand Ltd - 1996-097
1996-097

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-097 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN FOWLIE of Paeroa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Eden and Television New Zealand Ltd - 1998-034
1998-034

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-034 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK EDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

Decisions
Findlay and Television New Zealand Ltd - 2008-071
2008-071

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the word “cunt” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – language was relevant to the storyline and character development – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Sunday 10 February 2008....

Decisions
Hudig and Television New Zealand Ltd - 2007-050
2007-050

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item examined the case of a South African man living in New Zealand who had been sentenced to manslaughter for the death of his daughter – suggested treatment by Immigration New Zealand contributed to his state of mind at the time of his accident – allegedly unbalanced Findings Standard 4 (balance) – item focused on an individual story and did not discuss a controversial issue of public importance – balance standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 1 April 2007, examined the case of Garth Abbott, a South African man living in New Zealand, who had driven his car off Mount Wellington with his two young daughters inside....

Decisions
McDonald and Television New Zealand Ltd - 2005-012
2005-012

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....

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