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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
Barker and Television New Zealand Limited - 2000-033
2000-033

Summary A One Network News item reporting on the situation in East Timor included three photographs which had been smuggled out of the territory. The photographs were said to depict the severed head of a man impaled on a stake, the body of a woman who it was alleged had been raped, and the body of a beheaded man being dragged along on a rope. The item was broadcast on TV One on 23 September 1999 commencing at 6. 00pm. Mrs Barker complained to Television New Zealand Limited, the broadcaster, that none of the photographs was fit for broadcast at that time of night. That was supposed to be a safe viewing time for young people, she wrote. She added that the photographs were "horrific", and that it was "totally irresponsible" and "totally inappropriate" to show them without any warning....

Decisions
Bolot and Television New Zealand Ltd - 2010-149
2010-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Malcolm and Radio New Zealand Ltd - 2016-018 (27 June 2016)
2016-018

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....

Decisions
Boyce and Television New Zealand Ltd - 1999-225
1999-225

Summary The London Connection, a documentary hosted by Gary McCormick, was re-broadcast on TV One on 31 October beginning at 11. 35pm, having been first broadcast on 16 August 1999. Simon Boyce complained to Television New Zealand Ltd that the broadcast of a sequence in which inebriated young women danced topless was a deceptive programme practice because it objectified the young women without identifying them. TVNZ refused to accept the complaint on the grounds that it had already dealt with a complaint about the programme from the same complainant and, having made a proper investigation, had found no breach of broadcasting standards. Mr Boyce referred the matter to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. He argued that the sequence he complained about was not a legitimate subject for a documentary since the women were not identified....

Decisions
Hadfield and Television New Zealand Ltd - 2005-065
2005-065

Complaint under section 8(1)(a) of the Broadcasting Act 1989Four promos broadcast prior to 8. 30pm – three for programme Bad Girls – one for quiz show How Normal Are You? – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – Bad Girls – material suitable to be rated PGR – not upheld – How Normal Are You? – material suitable to be rated G – not upheld by majority Standard 9 (children’s interests) – Bad Girls – material appropriate to be rated PGR – not upheld – How Normal Are You?...

Decisions
Pegram and Radio Pacific Ltd - 1996-059
1996-059

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-059 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID PEGRAM of Wellington Broadcaster RADIO PACIFIC 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
Popa and MediaWorks TV Ltd - 2014-095
2014-095

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Decisions
Garlick and Television New Zealand Ltd - 2009-086
2009-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – presenter introduced item coming up after advertisement break – included footage from episode of Underbelly – showed a balaclava-clad man shooting at man sitting in a car – allegedly in breach of good taste and decency, fairness, programme information, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 10 violence) – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 6 (fairness) – standard not applicable – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Irwin, Nelson and Robertson and Television New Zealand Ltd - 2009-162
2009-162

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Birdland – presenter Jeremy Wells looked at birdlife in New Zealand – visited a weka farm in Southland – was shown caring for pet mice then releasing them to be eaten by weka – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence FindingsStandard 9 (children’s interests) – guideline 9d – animals badly treated – gratuitous and not justified by context – broadcaster did not adequately consider children’s interests – upheld by majority Standard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 10 (violence) – subsumed into consideration of Standard 9 No Order This headnote does not form part of the decision. Broadcast [1] An episode of Birdland, a locally produced wildlife programme hosted by comedian Jeremy Wells, was broadcast on TV One at 7pm on Saturday 14 November 2009....

Decisions
Walker, Fox and Salt and Television New Zealand Ltd - 1999-004, 1999-005, 1999-006
1999-004–006

SummaryThe Human Body, episode one of an eight part series, was broadcast on TV One at 8. 30pm on Monday 28 September 1998. The next seven parts were broadcast at the same time on consecutive Monday evenings. The series, presented by Professor Robert Winston, showed viewers what happened to the human body from conception to death. Part One comprised an overview of the full series. Mr Walker complained to Television New Zealand Ltd, the broadcaster, that as the series assumed that the human body was the product of evolution, it was unbalanced and misleading. He argued that the programme omitted the belief that all life was the product of creation by God. Mr Fox complained that the series was biased, as it did not acknowledge that evolution was a controversial issue. Many people, including many scientists, he said, accepted a worldview based on the veracity of the Bible....

Decisions
Healey and Television New Zealand Ltd - 2010-014
2010-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about a convicted murderer refusing a heart transplant – included footage of interviews from Sunday and mentioned that the full Sunday item would be broadcast later that evening – allegedly in breach of responsible programming FindingsStandard 8 (responsible programming) – item was a legitimate news story in its own right – guideline 8d does not apply to promos – viewers not deceived or disadvantaged – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 6 December 2009, reported on a convicted murderer who was refusing a heart transplant. The presenter introduced the item by saying: He’s served his time, 14 years for a murder that shocked the country back in 1990....

Decisions
Buxton and Television New Zealand Ltd - 2009-017
2009-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – female character struck gang leader on the head with a hammer – later kicked him repeatedly as he was tied up on the ground – allegedly in breach of violence and programme classification standards Findings Standard 7 (programme classification) – violence was graphic and realistic – deserved higher classification – upheld Standard 10 (violence) – violence went beyond PGR classification – warning inadequate – broadcaster did not exercise sufficient care – upheld This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 20 January 2009. It began with a brief recap of violence that had taken place in the previous episode, continuing a long-running storyline concerning gang crime....

Decisions
Stemson and New Zealand Public Radio Ltd - 1996-105
1996-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-105 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M D STEMSON of Coromandel Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Moffat and Television New Zealand Ltd - 2014-161
2014-161

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, presenter Mike Hosking read out a letter from a disgruntled viewer about comments he had made during an earlier episode about music group One Direction. The letter contained numerous expletives which were 'beeped' out during the broadcast. The Authority did not uphold a complaint that the 'disgusting' language was contrary to good taste and decency and children's interests. Beeping is a commonly employed broadcasting technique to mask potentially offensive language. While most viewers would have discerned what the words were, in the context of an unclassified current affairs programme targeted at adults, which is known for being humorous and at times provocative, the segment did not threaten standards....

Decisions
Henderson and TVWorks Ltd - 2012-096
2012-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item about strip club contained brief footage of woman wearing a G-string dancing erotically on a pole – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – footage was very brief and had some relevance to the subject matter – programme was broadcast more than two hours after the Adults Only watershed – majority of viewers would not have been offended in this context – not upheld This headnote does not form part of the decision. Introduction [1] An item on Nightline followed up an earlier report on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

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
Hooker, Davey and Jones and Television New Zealand Ltd - 2001-220, 2001-221, 2001-222
2001-220–222

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Decisions
Sawyers and Radio Pacific Ltd - 1995-053
1995-053

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...

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