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Download a PDF of Decision No. 1990-029:O'Neill and Television New Zealand Ltd - 1990-029 PDF1. 33 MB...

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on a Labour MP using his ministerial credit card to purchase pornographic films while staying at hotels – presenter mentioned that people had been making suggestions on the website Twitter about possible titles of the films, including “Bipartisan Bitches” – allegedly in breach of good taste and decency, responsible programming and children’s interests FindingsStandard 1 (good taste and decency) – remarks light-hearted attempt at humour – contextual factors – not upheld Standard 9 (children’s interests) – sexual innuendo was too sophisticated for children to understand – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

ComplaintsPromos – Mercy Peak x 3 – The Swap x 1 – Bad Girls x 1 – offensive language – classification – violence – two aspects of one complaint upheld by TVNZ – excessive violence and wrongly classified – reasons for promos advanced by TVNZ as informing and attracting viewers by using interesting and intriguing sequences FindingsStandard 1 and Guideline 1a, Standard 7 and Guideline 7b, Standard 10 and Guideline 10c – five promos did not contain offensive language or offensive behaviour – no uphold; the four promos contained minimal violence and were not inappropriately classified – no uphold This headnote does not form part of the decision. Summary [1] Promos for Mercy Peak, The Swap and Bad Girls were broadcast by TVNZ at various times and on different days in April 2002....

Summary [This summary does not form part of the decision. ]The hosts of the Jase and Dave Drive Show on Classic Hits joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through. The Authority did not uphold the complaint that the use of sexual innuendo was inappropriate for broadcast. No coarse language was used and inexplicit sexual innuendo is permissible during children’s listening times. The host also indicated the topic may be unsuitable for younger listeners, giving parents and caregivers an opportunity to exercise discretion. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During the Jase and Dave Drive Show, broadcast on Classic Hits on the evening of Tuesday 27 August 2013, the hosts joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through....

Summary [This summary does not form part of the decision. ] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him. The broadcaster upheld the complaint this was unfair. However, the Authority found that the action taken by the broadcaster was insufficient, as the apology broadcast by the show’s hosts was insufficiently specific or formal to effectively remedy the breach. The Authority ordered a broadcast statement including an apology to the complainant. Upheld: Fairness (Action Taken) Not Upheld: Privacy, Accuracy, Discrimination and Denigration, Responsible Programming Order: Section 13(1)(a) broadcast statement including apology to the complainant Introduction [1] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him....

Summary[This summary does not form part of the decision. ]An episode of Shortland Street showed the death of a 14-year-old character, Pixie. Pixie had apparently been undergoing chemotherapy and was hospitalised for pneumonia. At the end of the episode, Pixie’s condition rapidly deteriorated and she died. The Authority did not uphold a complaint that the item should have been preceded by a warning because children could have been disturbed and upset by the content. Shortland Street is rated PGR and frequently features adult themes. While the fictional depiction of a child’s death was potentially upsetting, it was not outside audience expectations and parents had an opportunity to exercise discretion. Not Upheld: Responsible Programming, Children’s InterestsIntroduction[1] An episode of Shortland Street showed the death of 14-year-old character Pixie. Pixie had apparently been undergoing chemotherapy and had contracted pneumonia....

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

ComplaintInside New Zealand – "The Naked Breast" – promo – masking of breasts – untruthful – discriminatory – deceptive – corrupts children FindingsStandard G1 – no uphold Standard G5 – not applicable Standard G7 – not applicable Standard G12 – no evidence of corruption – no uphold This headnote does not form part of the decision. Summary A promo for the Inside New Zealand documentary "The Naked Breast" was screened on TV3 during the evening of 10 September 2000. Breasts were masked by means of a design graphic as the voiceover described some of the programme’s content. John Lowe complained to TV3 Network Services Ltd, the broadcaster, that masking the breasts in the promo sent a message that they were a prohibited part of the body. He said that the masking obscured the truth, was discriminatory and therefore illegal, was deceptive and corrupted children....

ComplaintLive to Air: an Election Drama – radio play – National Radio – use of words "God" and "Jesus Christ" as expletives – offensive language – blasphemy FindingsPrinciple 1 – context – no uphold Principle 7 and Guidelines 7a, 7b, 7c, 7d, 7e, 7f – only Guideline 7a relevant – threshold not achieved – no uphold This headnote does not form part of the decision. Summary [1] Live to Air: an Election Drama was the title of a fifty minute-long radio play broadcast on National Radio at 4. 05pm on Sunday 28 July 2002. The dialogue on occasions used the words "God" and "Jesus Christ" as expletives. [2] Stella Anne McArthur complained to Radio New Zealand Ltd, the broadcaster, about the irreverent use of holy names. She described their use as offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 The Mummy Returns – ­ PGR – promo ­ broadcast during Going Straight between 7. 30pm and 8. 30pm ­ – broadcast the following day at 6. 43pm during 3 News ­ – promo allegedly broadcast too early ­ – promo allegedly incorrectly classified Findings Standard 7 (appropriate classification) ­ – promo appropriately classified PGR ­ – not upheld Standard 7 (compliance with classification band) and Guideline 7b (i) Going Straight is PGR time ­ – not upheld (ii) 3 News (although itself unclassified) is in G time-band ­ PGR – promo did not comply with classification band ­ – upheld Standard 9 (children¹s interests) and Guideline 9a ­ broadcaster considered children¹s interests in rating promo PGR – ­ not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...