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H and Radio Liberty Network - 1996-040
1996-040

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-040 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT H of Auckland Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Harrison and Television New Zealand Ltd - 2009-047
2009-047

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men and Scrubs promo – male character in Scrubs promo stated "I don’t like doing things I'm not good at", to which female character responded, "Yeah, that's why we don't have sex much" – male doctor in Scrubs promo talking to a female nurse said "My post-op is going in and out of consciousness. You know what I'd like to go in and out of?...

Decisions
Roberts and Television New Zealand Ltd - 2007-115
2007-115

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for The Tudors – contained sequence of brief scenes including woman standing with her arm across her chest, with one breast partly visible, and two shots of male character lying on top of a woman in bed kissing her – allegedly in breach of programme classification and children’s interests standards Findings Standard 7 (programme classification) – majority considered promo was appropriately classified PGR – broadcast during unclassified host programme – not upheld Standard 9 (children’s interests) – majority considered broadcaster considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast at 7. 20am on TV One on Sunday 9 September 2007 during the current affairs programme Sunday....

Decisions
Giles and Television New Zealand Ltd - 2002-073
2002-073

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Decisions
Phair and Radio One - 2011-140
2011-140

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Decisions
Mathewson and Television New Zealand Ltd - 2012-128
2012-128

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – reported on man who faced losing two of his fingers if he chose to continue smoking cigarettes – presenter jokingly asked man if he wanted a cigarette – presenter’s comments allegedly in breach of standards relating to good taste and decency, fairness and responsible programming FindingsStandard 1 (good taste and decency), Standard 6 (fairness), and Standard 8 (responsible programming) – presenter’s offer of a cigarette was hypothetical and intended to highlight the man’s triumph in giving up smoking – not intended to “taunt” the man – man was a willing participant and took the comments with good humour – comments would not have offended or distressed most viewers – man treated fairly – broadcast not socially irresponsible – not upheld This headnote does not form part of the decision....

Decisions
Sharp and Television New Zealand Ltd - 1993-033
1993-033

Download a PDF of Decision No. 1993-033:Sharp and Television New Zealand Ltd - 1993-033 PDF276. 53 KB...

Decisions
Knyazev and MediaWorks TV Ltd - 2014-075
2014-075

Summary [This summary does not form part of the decision. ] A segment on The Paul Henry Show featured the two presenters discussing recent law changes in Russia that mean it is now illegal to misrepresent Russia’s involvement in World War II, and that people would be fined for swearing on television, in theatre or in films. Mr Henry gave examples of Russian swearwords. There was also a discussion about ‘butt plugs’ made in the likeness of Vladimir Putin and of Paul Henry. The Authority did not uphold the complaint that the language, the references to Russia’s involvement in the war, and the discussion about ‘butt plugs’ were offensive. The segment was on late at night and targeted at adults, it was intended to be light-hearted and was consistent with expectations of the show and of Paul Henry....

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
Shepherd and Television New Zealand Ltd - 1995-022
1995-022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 22/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY SHEPHERD of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Stanton and Television New Zealand Ltd - 1998-097
1998-097

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton 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
Ensoll and The Radio Network of New Zealand Ltd - 1999-047
1999-047

SummaryA Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000. Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001. The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date. Dissatisfied with The Radio Network's decision, Mr Ensoll 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
Golden and Radio New Zealand Ltd - 2015-010
2015-010

Summary[This summary does not form part of the decision. ]Mediawatch included an interview with a senior member of New Zealand's media community. The Authority declined to determine the complaint that the interviewee was 'corrupt' and therefore the interview constituted inaccurate, unfair and irresponsible broadcasting. The complainant has previously made a number of similar complaints which did not raise matters of broadcasting standards, and has been warned that further similar complaints would be unlikely to be determined in the future. Accordingly the Authority considered the complaint to be vexatious. Declined to Determine: Good Taste and Decency, Accuracy, Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] Mediawatch included an interview with a senior member of New Zealand's media community. [2] Mr Golden argued in essence that as Mediawatch 'implies it takes the behaviour of the news media seriously', the decision to interview someone who is 'corrupt' amounted to inaccurate, unfair and irresponsible broadcasting....

Decisions
Megavitamin Laboratories and Stewart and Television New Zealand Ltd - 1995-064, 1995-065
1995-064–065

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 64/95 Decision No: 65/95 Dated the 20th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MEGAVITAMIN LABORATORIES NEW ZEALAND LIMITED and DR WARREN STEWART of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R A Barraclough Co-opted member...

Decisions
EP and Television New Zealand Ltd - 2014-038
2014-038

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....

Decisions
Black and MediaWorks TV Ltd - 2015-037
2015-037

Summary [This summary does not form part of the decision. ] A promo for the movie No Strings Attached screened during The X Factor NZ which was rated G. The Authority upheld the complaint that explicit sexual references contained in the promo went beyond the boundaries of the G classification and consequently the broadcaster did not adequately consider the interests of younger viewers who were likely to be watching. Upheld: Responsible Programming, Children's Interests No Order Introduction [1] A promo for the movie No Strings Attached containing sexual references screened during The X Factor NZ, which was rated G. [2] Michael Black complained that the promo contained multiple visual and verbal sexual references, which were inappropriate for child viewers and inconsistent with the G classification of the host programme....

Decisions
RT and Television New Zealand Ltd - 2007-087
2007-087

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Decisions
The New Zealand Woman and Television New Zealand Ltd - 2002-016, 2002-017
2002-016–017

ComplaintOne News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

Decisions
Pryor and Television New Zealand Ltd - 2013-067
2013-067

Summary [This summary does not form part of the decision. ]During a cat-themed episode of What Now, one of the presenters offered a number of wacky cures for his co-presenter’s cat allergy, including encouraging a dog to lick what appeared to be peanut butter off his face. The Authority did not uphold the complaint that the programme made light of allergies and used a common food allergen, peanut butter, in a dangerous and irresponsible manner. The presenter was not allergic to peanuts and no mention was made of peanut allergies. It was unfortunate that peanut butter featured, given that peanuts are a common food allergen, but the food product was irrelevant; the point was to test dog saliva as a possible cure for the presenter’s cat allergy, and no attention was drawn to the actual product....

Decisions
Fudakowski and Radio New Zealand Ltd - 1993-107
1993-107

Download a PDF of Decision No. 1993-107:Fudakowski and Radio New Zealand Ltd - 1993-107 PDF483. 7 KB...

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