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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
Warning — This decision contains references to sexual violence. The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate....
The Authority has declined to determine a complaint an item on 1 News reporting on the leak of classified Pentagon documents and the presence of butterfly land mines in Ukraine breached the balance standard. The Authority found the complaint related to the complainant’s personal preferences on what should be broadcast and raised issues which had been addressed in recent decisions. Decline to determine (section 11(b) in all the circumstances the complaint should not be determined): Balance...
The Authority has not upheld a complaint that an episode of Country House Hunters New Zealand breached the accuracy standard. In the episode, the host showed a couple around three houses in Greytown, each of which had ‘for sale’ signs on their fences indicating they were for sale through a particular real estate agency. The complainant considered it was misleading that the broadcaster did not disclose two of the houses were actually ‘off-market’ sales, and citing values for these houses would have given viewers an inflated impression of the market value of the houses, and the Greytown property market generally....
The Authority has declined to determine a complaint that use of ‘Praise the Lorde’, in relation to New Zealand singer-songwriter Lorde, breached broadcasting standards. Given the Authority’s guidance regarding blasphemy in its Complaints that are unlikely to succeed publication, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (s 11(b) of the Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined): Offensive and Disturbing content, Balance...
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 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....
SummaryAn item on Holmes, broadcast on TV One on 12 February 1999 beginning at 7. 00pm, referred to a contest "to conceive the first child of the new millennium". The presenter commented on "this first child of 2000", in describing the contest. Mr Butchart complained to Television New Zealand Limited, the broadcaster, that the statements were totally untrue. He said the next millennium began with the beginning of 2001, just as the first millennium began with 0001, and the second began with 1001. He sought a correction of what he called the untrue statements. TVNZ responded that it was accurate to reflect the fact that by broad popular consensus, the world (or that part of it which used the Christian calendar) would mark the birth of the new millennium as midnight passed on the last day of 1999. It declined to uphold the complaint....
The Authority has not upheld a complaint about the use of the term ‘bugger’ by weather presenter Dan Corbett during a broadcast of Seven Sharp. The Authority considered the term constituted low level coarse language which would not have offended a significant number of listeners in the context of the broadcast. Not Upheld: Good Taste and Decency...
ComplaintRacing – Live coverage of Lion Brown Wellington Cup at Trentham – arch behind presenters bearing words Lion Brown – incidental liquor promotion – considerable liquor signage – saturation of liquor promotion FindingsStandard A1 – no saturation of liquor promotion – no uphold Standard A3 – repeated visuals of arch – incidental liquor promotion not minimised – uphold OrderCosts to Crown of $750 This headnote does not form part of the decision. Summary [1] Live coverage of the Lion Brown Wellington Cup at Trentham was shown on TV One between 5. 00–6. 00pm on 25 January 2003. The coverage included comments from the presenters when, on a number of occasions, there was an arch bearing the words "Lion Brown" in the background. [2] Cliff Turner complained to Television New Zealand Ltd, the broadcaster, that the footage of the arch amounted to the incidental promotion of liquor....
ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Island Wars promo – broadcast during America’s Funniest Home Videos – contestant said “ready to kick some New Zealand arse” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – tone was playful and light-hearted – G rating appropriate – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Island Wars, in which contestants from New Zealand and Australia competed against each other in a variety of challenges, was broadcast during America’s Funniest Home Videos between 4. 30pm and 5pm on Saturday 1 August 2009....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about suburban brothels – showed hidden camera footage taken inside travel agency – reporter was shown asking teller about sending money back to China and “hiding the money” without any trace – teller agreed that she could do this – allegedly unbalanced, inaccurate, unfair and a breach of privacy FindingsStandard 3 (privacy) – companies have no right to privacy – teller had no interest in solitude or seclusion at place of employment – not upheld Standard 4 (balance) – subsumed under Standard 6 Standard 5 (accuracy) – item not misleading or inaccurate – hidden camera footage portrayed actual events – not upheld Standard 6 (fairness) – teller not treated unfairly – An Ying “referred to” but not identifiable, therefore broadcaster not required to give an opportunity to comment – use of hidden camera not unfair – not upheld This headnote does not form…...
ComplaintOne News – car accident in which complainant’s son killed – reference to speed and alcohol – driver had not been drinking – poor taste – inaccurate – unfair – discriminatory FindingsStandard G1 – expression of opinion – no uphold Standards G2 and G13 – comments acceptable and did not encourage denigration – no uphold Standard G4 – a number of implications – implication about alcohol involvement no stronger than others – no uphold This headnote does not form part of the decision. Summary [1] A news item about road safety following 15 road deaths in five days over the Christmas holiday period, focused on one of the more recent deaths. A couple whose truck had been struck by a car which was airborne after striking the kerb, and in which one young man was killed, spoke about being extremely angry on seeing beer in the car....
ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Agenda – item dealt with interview of the Hon John Tamihere MP published in Investigate magazine – Mr Tamihere had later claimed that he did not know the interview was being recorded – item included extracts of interview with complainant, Ian Wishart, editor of Investigate, who spoke about recording process – item also discussed journalistic ethics as to when interviews are “on” or “off the record”, and the specific expectations of interviews with politicians – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – credibility of serving Member of Parliament and former Cabinet Minister is controversial issue of public importance – credibility issues raised and viewers left to decide – competing accounts presented – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision....
Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Father Ted – alleged crude humour – alleged disgraceful portrayal of Christian leadersFindings Standard 6 (fairness) – Guideline 6g – Father Ted does not encourage denigration of or discrimination against Roman Catholic priests – legitimate work of humour – not upheld This headnote does not form part of the decision. Broadcast [1] Father Ted is a long running British comedy series. A repeat of episodes from the second series screened on TV One on Saturday evenings in November 2003 at 7. 30pm. Television New Zealand Ltd described Father Ted as a series which “makes fun of human foibles through the adventures of a small group of Roman Catholic priests assigned to a remote, fictional island off the coast of Ireland. ” The complainant watched the episodes broadcast on 22 and 29 November....
ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....
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…...
Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers....