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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-015 Dated the 27th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AUCKLAND TROTTING CLUB (INC) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
SummaryA telephone poll, organised by the Holmes programme, invited viewers to phone in to express their support for a minority government under the present Prime Minister. The results of the poll were reported on 13 August in the Holmes programme broadcast between 7. 00–7. 30pm and Tonight broadcast about 9. 40pm. Mr Carapiet complained to Television New Zealand Ltd that the extensive coverage of the poll results on both Holmes and Tonight contrasted with the very brief report of the results of another poll two weeks previously. He noted that the earlier poll had only been reported on Holmes and not on Tonight, and argued this demonstrated that the broadcaster was not impartial. TVNZ responded first that selection of material for a news bulletin was a matter of editorial discretion....
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....
ComplaintTeachers – shag and fuck and their derivatives – frequent use – offensive language FindingsSection 4(1)(a) and Standard G2 – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] Teachers, an eight part series, was broadcast weekly on TV One at 9. 30 on Monday evenings. Using the idiom of the staff and pupils, it told the story of a young teacher of English in a comprehensive school in England. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the episode broadcast on 13 August 2001 included offensive language when using the words "shag" and "fuck" and their derivatives. [3] In response, TVNZ described the series as "contemporary, gritty and humorous" and said that it was classified as AO, broadcast an hour after the AO watershed, and preceded with an explicit warning. It declined to uphold the complaint....
Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – item featured a man who had been made redundant – claimed he was not eligible for the Government’s ReStart package – allegedly inaccurate FindingsStandard 5 (accuracy) – item inaccurate in stating that the man was not eligible for ReStart – also omitted the fact that the man received holiday pay which meant he was effectively on full pay until a week before ReStart payments began – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 29 January 2009, featured a man who had been made redundant from his printing job and now found that his redundancy pay was dwindling and he was struggling to buy food and pay bills....
Download a PDF of Decision No. 1992-020:Fish and Television New Zealand Ltd - 1992-020 PDF465 KB...
Summary[This summary does not form part of the decision. ]An item on Breakfast reported on a shoot-out during an anti-terror raid in Brussels. During the item, the Europe Correspondent stated, ‘We’ve now heard that one suspect has been neutralised’. The Authority did not uphold a complaint alleging that the term ‘neutralised’ was not accurate, appropriate or neutral language. The Authority found the choice of language was not a material point of fact in the item, which focused on an anti-terror raid linked to the Paris terror attacks. Further, the term ‘neutralised’ is at times used in the context of reporting on police or counter-terrorism action. The use of this term was not biased against, and did not imply fault on the part of, the Belgian Police. Not upheld: Accuracy, Controversial IssuesIntroduction[1] A news item on Breakfast reported on a shoot-out that occurred during an anti terror raid in Brussels....
The Authority has not upheld a complaint an episode of So Dumb its Criminal broadcast at 9. 30pm on Duke breached the offensive and disturbing content and discrimination and denigration standards. The broadcast, hosted by Snoop Dogg, featured a panel of Black comedians commenting on clips of criminals making ‘dumb’ mistakes. The commentary by the panel included multiple uses of the n-word, jokes about white people and ‘white privilege’, and what appeared to be a reference to a fictional kung fu character when describing one of the people featured. While the Authority acknowledged the potential harm in the use of the n-word, it noted this word has been ‘reclaimed’ by the communities affected by it, and was used in the broadcast by Black comedians joking amongst themselves....
The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – interviewee compared playing old songs to having sex and an orgasm – allegedly in breach of good taste and decency and children’s interests standards. Findings Standard 1 (good taste and decency) – comparison was delivered in a straightforward and low-key manner – contextual factors – not upheld Standard 9 (children’s interests) – item was mild and light-hearted in nature – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 5 April 2007, showed an interview with Ray Manzarek, a former member of the rock group “The Doors”. [2] Towards the end of the interview, Mr Manzarek was asked if he ever got tired of playing the same songs. Mr Manzarek replied: Are you sick and tired of having sex?...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Fear Factor – episode showed contestant eating live dragonflies – complainant alleged such behaviour was barbaric – allegedly in breach of standards of good taste and decencyFindings Standard 1 (good taste and decency) – well-established programme screened after the AO watershed – item distasteful but did not breach standards of good taste and decency – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factorwas screened on TV2 at 8. 30pm on 18 December 2004. The broadcaster described Fear Factoras a reality programme in which contestants are challenged to take part in activities which they find frightening, repellent, or disgusting. The programme had a Christmas theme and the segment that was the subject of the complaint involved a contestant eating live dragonflies....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reference to the “Labour Government” – allegedly inaccurate, unfair and in breach of standards relating to programme informationFindingsStandard 6 (accuracy) – “Labour-led” government acceptable shorthand – not upheld – majority considers “Labour” government acceptable shorthand – not upheld Standard 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast an item on Close Up on 21 July 2005 at 7pm. During the course of a political interview, the presenter used the term “Labour Government” to refer to the Government. Complaint [2] Vivienne Shepherd complained to Television New Zealand Ltd, the broadcaster, that the use of the term “Labour Government” was inaccurate, unfair and in breach of standards relating to programme information. She noted that the government was made up of a Labour-Progressive Coalition....
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item regarding the death of actress Janet Leigh who starred in the movie “Psycho” – segment included the scene in which her character was stabbed to death in the shower – allegedly contrary to children’s interestsFindingsStandard 9 (children’s interests) – clearly identified film clip – not realistic – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 October 2004 reported on the death of actress Janet Leigh, who had starred in the Alfred Hitchcock thriller “Psycho”. The segment included a scene from that movie in which Ms Leigh’s character was stabbed to death in the shower. Complaint [2] On behalf of Viewers for Television Excellence Inc....
ComplaintReel Life: The Lost Boys – documentary – language – fucking as adjective – "I’ll fucking kill everything" – offensive FindingsSection4(1)(a) – language helped viewers understanding of young man – other contextual factors – rating – time – warning – no uphold This headnote does not form part of the decision. Summary The documentary Reel Life: The Lost Boys looked at the Columbine High School shooting in Colorado in 1999. An actor read from the website of one of the assailants in which, among other matters, he referred to "fucking people" and said "I’ll fucking kill everything". The programme was broadcast on TV One at 9. 45pm on 2 March 2001. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the "f" word was offensive and its use in the documentary breached the standards....
Download a PDF of Decision No. 1991-029:Dewar and Television New Zealand Ltd - 1991-029 PDF476. 89 KB...
Summary [This summary does not form part of the decision. ]A Seven Sharp item looked at tourism in the Chatham Islands, including its fishing and hunting opportunities. During an interview with a tourism expert, one of the programme’s hosts commented, ‘I’d rather shoot myself, to be honest, than go and do that in the Chatham Islands. ’ The Authority did not uphold the complaint that the comment was offensive and denigrated the Chatham Islands. The tourism expert immediately countered the comment with positive statements about visiting the Chatham Islands, and the host later clarified what he had meant by the comment. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Discrimination and DenigrationIntroduction[1] A Seven Sharp item looked at tourism in the Chatham Islands....
Summary[This summary does not form part of the decision. ]An episode of Friends featured Rachel discussing a dream in which she and Chandler had sex, and later telling the group she had a dream about her, Chandler and Joey. Monica was dating Ethan, who claimed to be a senior in college and revealed that he was a virgin. The couple were shown kissing on the couch and then lying in bed together, when it was revealed that Ethan was in fact a senior at high school. The Authority did not uphold a complaint that this episode breached the good taste and decency standard by containing sexual material unsuitable for children at the broadcast time of 4. 30pm. Any visual sexual content was implied and verbal references to sex amounted to innuendo which was unlikely to be understood or imitated by younger viewers....
Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Sunday, which investigated gay conversion therapy in New Zealand, was unbalanced and inaccurate. The Authority found the existence of differing viewpoints was pointed to throughout the programme, with balancing comments provided by those featured and in final comments from the presenter. The broadcaster made reasonable efforts to ensure the accuracy of the programme, relying on authoritative medical opinion from health experts regarding current views on gay conversion therapy and the potential harm that could be caused by the practice. In making these findings, the Authority recognised the high public interest in this story and found that upholding the complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression....
The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...
In a news report covering Eli Epiha’s trial, the reporter stated Mr Epiha was carrying a Bible when he was in fact carrying a Qur’an. The Authority has not upheld a complaint the broadcast breached the accuracy standard. The fact Mr Epiha was carrying a Qur’an was not a material point of fact likely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...