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Decisions
Turver and Television New Zealand Ltd - 2016-032 (25 July 2016)
2016-032

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the upcoming flag referendum and featured an interview with an Australian advocate for changing the flag. The Authority did not uphold a complaint that presenter Mike Hosking ‘encouraged the New Zealand public to vote a certain way by reiterating his own prejudices and then using an Australian broadcaster to support his own views’. While Mr Hosking made his view in support of changing the flag known, the alternative view was adequately presented during the item. Given the widespread coverage of the flag referendum, viewers could also reasonably be expected to be aware of significant perspectives on the issue, and would not have been deceived or disadvantaged as a result of this item. Not Upheld: Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Seven Sharp discussed the upcoming flag referendum....

Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Decisions
Cole, Smith and Proctor and Television New Zealand Ltd - 1996-008, 1996-009, 1996-010
1996-008–010

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-008 Decision No: 1996-009 Decision No: 1996-010 Dated the 8th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PITA COLE of Wellington and ANTHONY SMITH of Palmerston North and BRENT PROCTOR of Bluff Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Smits and TV3 Network Services Ltd - 1996-066
1996-066

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-066 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Sorrell and Radio New Zealand Ltd - 1994-105
1994-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 105/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS SORRELL of Darfield Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Stringer and Radio Pacific Ltd - 1995-101
1995-101

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 101/95 Dated the 12th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUSAN STRINGER of Auckland Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Smokefree Coalition and Radio New Zealand Ltd - 2000-096
2000-096

Complaint Spectrum – documentary – Cuban cigar business – promoted cigar smoking – glamorised cigars – unbalanced – illegal FindingsPrinciple 2 – no jurisdiction over Smoke-free Environments Act – no uphold Principle 4 – not a controversial issue – no uphold Principle 7 – freedom of speech – no uphold This headnote does not form part of the decision. Summary A Spectrum documentary broadcast on National Radio on 7 December 1999 focused on people involved in the cigar industry. Cuban growers and manufacturers were interviewed, as well as a retailer of cigars in New Zealand. The Smokefree Coalition complained to Radio New Zealand Ltd, the broadcaster, that the programme promoted and glamorised cigar smoking, and gave considerable airtime to promoting the business of an Auckland retailer of cigars....

Decisions
Binks and 20 Others and TVWorks Ltd - 2010-141
2010-141

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Outrageous Fortune – coarse language broadcast during the first ten minutes of the programme including the word “cunt” – broadcaster upheld breaches of good taste and decency and children’s interests standards in relation to the use of the word “cunt” – action taken allegedly insufficientFindingsStandard 9 (children’s interests) – guideline 9b – frequent use of language amounted to broadcast of strong adult material too close to 8. 30pm watershed – broadcaster did not adequately consider children’s interests – upheld Standard 8 (responsible programming) – frequent coarse language and use of the word “cunt” in first 10 minutes of the programme constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheldStandard 1 (good taste and decency) – frequent coarse language before 8....

Decisions
Bainimara and TV3 Network Services Ltd - 2001-042, 2001-043
2001-042–043

Complaint3 News – armed gunmen in Fiji – new uprising or old army exercise? – developing news or old footage? – inaccurate and misleading – caused tourists to cancel trips to Fiji FindingsStandard G1 – inaccurate description of event as "latest incident" – uphold Standards G2, G6, G11, G14, G15, G16, G21 – overall, items not unbalanced or misleading or causing unnecessary panic alarm or distress – no uphold No Order This headnote does not form part of the decision. Summary Footage of Fijian men firing automatic rifles inside an Indian school complex in Labasa on the Fiji island of Vanua Levu, was the subject of two separate news items broadcast on 3 News at 6pm. The first news item, broadcast on 29 November 2000, referred to the footage as "the latest incident" in a terror campaign against Indian villagers....

Decisions
The National Collective of Rape Crisis and Related Groups of Aotearoa Inc and Woodward and Television New Zealand Ltd - 1996-099, 1996-100
1996-099–100

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-099 Decision No: 1996-100 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 and IN THE MATTER of complaints by THE NATIONAL COLLECTIVE OF RAPE CRISIS AND RELATED GROUPS OF AOTEAROA INC. and RUBY WOODWARD of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Malskaitis and TVWorks Ltd - 2011-039
2011-039

Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....

Decisions
Towgood and Television New Zealand Ltd - 2012-061
2012-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Two and a Half Men – promo broadcast at 2. 10pm contained sexual innuendo and the word “penis” – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – promo screened during chat show targeted at adults and in AO timeslot – contextual factors – not upheld Standard 8 (responsible programming) – host programme, while rated G, was not targeted at children and broadcast in AO time-band – sexual content was sufficiently inexplicit and promo light-hearted and humorous – not upheld Standard 9 (children’s interests) – host programme targeted at adults and broadcast during AO timeslot – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Manufacturing and Construction Workers Union Inc and Capital FM Ltd - 1994-088
1994-088

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 88/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MANUFACTURING AND CONSTRUCTION WORKERS UNION INC Broadcaster CAPITAL FM LIMITED of Wellington I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Decisions
Hooker and Television New Zealand Ltd - 2002-063, 2002-064
2002-063–64

Complaints Friends – two episodes – references to "peeing" in one and depiction of strippers in the other – offensive behaviour – actors involved aged twenty something – inappropriately classified G – broadcasters not mindful of effect on child viewers FindingsStandard G2 – context – no uphold Standard G8 – affirms positive values – appropriately classified – no uphold Standard G12 – not alarming – no uphold This headnote does not form part of the decision. Summary [1] Friends is a long-established sitcom involving the adventures and love lives of six young people living in New York City. A jellyfish sting sequence was dealt with in the episode broadcast on TV2 at 6. 30pm on 29 November 2001 and one of the characters, Joey, recalled that "peeing" on a sting had been recommended as a remedy on the Discovery Channel....

Decisions
Oosterbroek and Television New Zealand Ltd - 2008-102
2008-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Decisions
Walker and Television New Zealand Ltd - 2000-161
2000-161

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Decisions
Rawson and Television New Zealand Ltd - 1998-139
1998-139

SummaryA comment made in an item on the programme Midday which was broadcast on TV One on 9 June 1998 referred to the relationship between mortgage rates and wholesale interest rates. Mr Rawson complained to Television New Zealand Ltd that because New Zealand banks operated under a fractional reserve system, the comment was inaccurate and misleading. TVNZ advised Mr Rawson that it had undertaken research into his complaint which had verified the item’s statement that banks borrowed from the wholesale money market to lend to their customers, and that when wholesale interest rates rose, lending rates for mortgages generally rose too. Accordingly, it declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Rawson referred the 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
Lord and Radio New Zealand Ltd - 1999-023
1999-023

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

Decisions
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

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