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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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-060 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA (Group Against Liquor Advertising) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-068 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-110 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W M MOORE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-154 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary A psychic involved in a private search for two missing Blenheim friends in the Marlborough Sounds expounded her theory on how they had died in an item on One Network News broadcast on TV One on 10 April 1998 between 6. 00–7. 00pm. Ms Gendall complained to Television New Zealand Ltd, the broadcaster, that it was offensive and unnecessarily distressing to the families to have the psychic offer her "grisly conclusions" as to how they had died. She also considered that the credibility of the psychic should have been questioned. The comment, she observed, had not been included in the later evening news bulletin. TVNZ responded that it was justified in reporting the psychic’s search, particularly as both of the families had been involved in the search....

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

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....

This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Life on Mars – included a brief scene of a man having his hand held down and hit with a telephone receiver – allegedly in breach of law and order and violence Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 10 (violence) – promo was rated PGR – violence was fleeting – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Life on Mars, a British science fiction and police drama television series, was broadcast during One News at 6pm on TV One on Monday 23 June 2008. [2] The promo included a brief scene of a man being interrogated....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Go Show – showed young girl visiting the zoo with her mother – mother told her that apes were the closest animals to humans so they were “relatives” – allegedly unbalanced Findings Standard 4 (balance) – programme did not discuss a controversial issue of public importance requiring balance – not upheld This headnote does not form part of the decision. Broadcast [1] A segment on The Go Show – a New Zealand-made children’s series – involved a young girl visiting the zoo with her mother who, she said, had told her that they “might meet up with our relatives”. The pair visited a number of enclosures and the young girl asked several times when they would see their relatives....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – character used the words “Jesus” and “Christ” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] Facelift, a satirical programme which lampooned politicians and other high profile New Zealanders, screened on TV One at 10. 05pm on 19 September 2005. On this occasion, Facelift ridiculed television coverage of the election results two nights earlier. The character playing TV One’s political editor, Mark Sainsbury, used the words “Jesus” and “Christ”. Complaint [2] Brian Stratford complained to Television New Zealand Ltd, the broadcaster, that the character had used the words “Jesus” and “Christ” as exclamations. He considered that this was blasphemous and offensive....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989One News – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfairFindings Standard 3 (privacy) – no identification of current owner of house – not upheld Standard 6 (fairness) – current owner not referred to in item – not upheld This headnote does not form part of the decision. Broadcast [1] An item which reported developments following an accusation of rape by Louise Nicholas against three policemen was broadcast on One News on 31 January at 6. 00pm. The item included shots of the former police house where the rapes were alleged to have occurred....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

ComplaintThe Last Word – power crisis – interview on 10 April with Save Energy spokesperson – comment by presenter on 30 April – both unbalanced FindingsStandard 4 and Guideline 4a – 10 April – speaker given opportunities to respond in item with a chat format – no uphold; 30 April – presenter’s brief contribution to debate discussed extensively elsewhere – no uphold Standard 6 – interviewee on 10 April not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The power crisis was dealt with in an item on The Last Word broadcast on TV One at 10. 30pm on 10 April 2003. The Save Energy spokesperson was interviewed and the presenter commented that she did not intend to save power because the crisis was "the Government’s fault"....

ComplaintOne News – interview with golfer Michael Campbell – liquor signage on backdrop – incidental promotion not minimised – upheld by TVNZ – a breach of standard A3 – staff reminded of responsibilities – action insufficient FindingsActon taken sufficient This headnote does not form part of the decision. Summary Golfer Michael Campbell was interviewed on One News, broadcast on TV One on 16 January 2001, about his participation in the forthcoming New Zealand open golfing championship. The work "Steinlager" was clearly visible on the backdrop behind him. GALA’s Complaints Secretary (Cliff Turner) complained to Television New Zealand Ltd, the broadcaster, that the signage breached the standard which required that incidental liquor promotions be minimised. TVNZ upheld the complaint. It acknowledged that a different camera angle could have been used. It advised that sports staff had been fully reminded of their responsibilities under the Promotion of Liquor Code....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Bad Santa – promo screened during family Christmas movie The Santa Clause 2 – contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield – “Bad Santa” told child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa he replied “No, it was her sister” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 9 (children’s interests) – sexual references were implied and would have gone over the heads of younger viewers – promo was correctly rated PGR and did not contain any material which warranted a higher classification of AO – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – most viewers would not have been offended by the promo when broadcast in this…...