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Decisions
Chand & Others and Radio Tarana - 2014-115
2014-115

Summary[This summary does not form part of the decision. ]Radio Tarana reported on the Sanil Kumar Medical Fund, which had been set up for the treatment of a young Fijian-Indian man in New Zealand who had subsequently been deported to Fiji and died. There were allegations by the immediate family of Mr Kumar and others that the fund was being misused by its directors. The Authority declined to uphold a complaint that the broadcasts were unbalanced, inaccurate, unfair, denigrating and caused panic among the public. The broadcaster made reasonable efforts to provide balance and fairness, no inaccuracies could be identified, the discrimination and denigration standard was not applicable and the broadcasts were not presented irresponsibly....

Decisions
Solanki and Television New Zealand Ltd - 2015-069 (1 December 2015)
2015-069

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

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
Browne and Television New Zealand Ltd - 2012-078
2012-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – resident dog trainer worked to retrain the dogs to be better behaved – dog training methods allegedly outdated and harmful – allegedly in breach of controversial issues, accuracy, responsible programming and violence standards FindingsStandards 4 (controversial issues) – programmes did not discuss a controversial issue of public importance but focused on individual cases – not upheld Standard 5 (accuracy) – programmes did not contain any material inaccuracies – commentary would have been interpreted by viewers as such – not upheld Standard 8 (responsible programming) – programmes appropriately classified PGR – episodes contained clear disclaimer – not upheld Standard 10 (violence) – display of dog training methods was not “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Decisions
Hon Richard Prebble MP and Television New Zealand Ltd - 2000-167
2000-167

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Decisions
Irwin and Television New Zealand Ltd - 2010-087
2010-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Decisions
Exton and Television New Zealand Ltd - 2003-014
2003-014

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Decisions
Ernslaw One Ltd and Television New Zealand Ltd - 1995-062
1995-062

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 62/95 Dated the 6th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ERNSLAW ONE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
Raffray and TV4 Network Ltd - 1999-090
1999-090

Summary A promo for the Jo Brand programme included a "stand-up" comedy routine in which the comedian related how her mother warned her not to take sweets from old men. In relating the story, she used the expression "getting his knob out". The promo was broadcast on TV4 on 26 January 1999 at 7. 40pm during a PGR-rated programme. Mr Raffray complained to TV4 Network Ltd, the broadcaster, that the language used resulted in the broadcast of AO content during a PGR time-slot, without any warning, and during a programme which appealed to younger viewers. TV4 responded that the promo had a "hard PGR" rating which, it wrote, meant that it could not screen in programmes aimed at children. Because of the way the joke was told, the colloquial words were obscure enough not to be understood by younger viewers, it added....

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
Hooker and Television New Zealand Ltd - 2002-034
2002-034

ComplaintPromo – 60 Minutes – "pissed off" – offensive language – incorrect classification – broadcaster not mindful of the effects of broadcast on children – broadcaster not mindful of explicit material in promo FindingsStandard G2 – context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for 60 Minutes was broadcast on TV One at 6. 50pm on 10 November 2001. The promo was for an item on Dean Barker, New Zealand’s America’s Cup skipper. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about Mr Barker’s use in the promo of the phrase "pissed off". [3] TVNZ declined to uphold the complaint....

Decisions
Barrow and The Radio Network Ltd - 2000-020
2000-020

Summary"You and me baby, we ain’t nothing but mammals, so let’s do it like they do on the Discovery Channel" is a line from a song by The Bloodhound Gang played on 91 ZM on 20 November 1999 at 7. 45am. Vaughan and Diane Barrow complained to The Radio Network Ltd, the broadcaster, that the lyrics of the song breached current norms of decency and good taste, were harmful to children, and transgressed broadcasters’ obligation to be socially responsible. The Radio Network considered the complaint only under the good taste standard and, noting that the song contained innuendo and double entendres, argued that such content was nevertheless the norm for music targeted at youth. It noted that the song had had heavy airplay for at least three months and that it had received no other complaint about its content. It declined to uphold the complaint....

Decisions
Clarke and The Radio Network Ltd - 2013-077
2013-077

Summary [This summary does not form part of the decision. ]During a panel discussion on the Mike Hosking Breakfast show about the government’s funding of America’s Cup campaigners, one of the panellists said ‘fucking’. She immediately apologised for the slip-up, and the other participants rebuked her in a light-hearted manner. The broadcaster upheld the complaint and counselled the panellist. The Authority found that the action taken by the broadcaster was sufficient. It noted the comment was made during a legitimate discussion about a matter of public interest, and all of the participants acknowledged at the time that the swearing was inappropriate....

Decisions
Talbot and Television New Zealand Ltd - 1992-042
1992-042

Download a PDF of Decision No. 1992-042:Talbot and Television New Zealand Ltd - 1992-042 PDF695. 01 KB...

Decisions
Fergusson and Television New Zealand Ltd - 2012-099
2012-099

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item contained graphic of sign “For Sale, NZ SOEs” – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – graphic displayed in the introduction was not a “material point of fact” – given the extensive coverage on the Government’s proposed partial asset sales, viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the continuing debate over who owns New Zealand water, as part of the wider discussion about the Government’s proposal to sell state-owned enterprises (SOEs). A graphic of a sign saying, “For sale, NZ SOEs” was displayed behind the newsreader during the 18-second introduction to the item. The item was broadcast on TV One on 10 July 2012....

Decisions
McLean, Hardy, Bennett and Henry, and Pacific Coast FM - 2007-098
2007-098

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Decisions
Lace and Radio New Zealand Ltd - 2014-111
2014-111

Summary[This summary does not form part of the decision. ]The Authority declined to uphold a complaint that Radio New Zealand's Sunday Morning coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. The broadcast covered a range of topics including Dirty Politics, and as the book was one of the political 'hot topics' in the lead-up to the 2014 general election and widely reported on, listeners could reasonably be expected to be aware of other views. Not Upheld: Controversial Issues, Fairness, Responsible ProgrammingIntroduction[1] Stephen Lace complained that Radio New Zealand's Sunday Morning programme on 24 August 2014, and specifically the coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. He referred to a 'left wing bias' and a lack of serious analysis and discussion of proposed policy....

Decisions
Comalco (NZ) Ltd and Television New Zealand Ltd - 1994-014
1994-014

SummaryA Frontline programme broadcast on 12 September 1993 focused on the electricity pricingarrangements between Comalco (NZ) Ltd and ECNZ and raised questions about the ratescharged to domestic and large commercial consumers. Comalco (NZ) Ltd, through its solicitors, complained to Television New Zealand Ltd thatthe item lacked objectivity and left misleading and damaging impressions. In particular itobjected to the implication that Comalco's electricity was subsidised by domestic consumers,and to the suggestion that its recent pricing agreement with ECNZ was to be kept secret soas to avoid embarrassing the government in the pre-election period. Maintaining that an investigation of the pricing arrangements was in the public interest,TVNZ rejected all aspects of the complaint. It argued that the question about whether thearrangement was a subsidy or a discount was balanced by comment from Comalcoofficials and from energy analysts....

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