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Bauer and Television New Zealand Ltd - 1996-160
1996-160

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-160 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SIEGFRIED BAUER of Raetihi Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Dr Z and Television New Zealand Ltd - 2012-074
2012-074

Summary [This summary does not form part of the decision. ]A Close Up item focused on a New Zealand doctor who was offering an experimental stem cell treatment to people with Multiple Sclerosis. Hidden camera footage was obtained by a patient, and parts of it were broadcast in the story. The Authority upheld the complaint from the doctor that he was treated unfairly and his privacy was breached. The doctor was not given a fair opportunity to comment for the programme, his privacy was invaded through the use of a hidden camera, and, as the raw footage from the consultation was unavailable, the broadcaster could not demonstrate that the level of public interest in the footage outweighed the breach of privacy....

Decisions
Moore and Television New Zealand Ltd - 2014-077
2014-077

Summary [This summary does not form part of the decision. ]On Good Morning the presenter interviewed two recently eliminated contestants from Masterchef New Zealand. The Authority declined to determine the complaint that the presenters referred to the two contestants as ‘coo coo things’, as these words did not feature in the broadcast. Declined to Determine: Discrimination and DenigrationIntroduction[1] A presenter on Good Morning interviewed two eliminated contestants from Masterchef New Zealand, while they cooked a dish. The programme was broadcast on TV ONE on 17 April 2014. [2] Shane Moore complained that the programme breached the discrimination and denigration standard because the presenter referred to the two contestants as ‘coo coo things’, and attacked ‘mentally disabled people’. [3] The members of the Authority have viewed a recording of the broadcast complained about and have read the correspondence listed in the Appendix....

Decisions
Phan and Television New Zealand Ltd - 2012-123
2012-123

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...

Decisions
Hurley and Television New Zealand Ltd - 2016-083 (10 February 2017)
2016-083

Summary[This summary does not form part of the decision. ]An episode of the documentary series, The Hard Stuff with Nigel Latta, titled ‘The New New Zealand’, focused on the topic of immigration. The episode looked at common perceptions of immigration in New Zealand and featured interviews with the Chief Executive of Immigration New Zealand, an immigration consultant, two academic consultants and the Chief Economist at Business and Economic Research Limited (BERL), as well as a number of immigrants to New Zealand from China, India and the UK. The Authority did not uphold a complaint that alternative points of view were omitted from the item. This episode of The Hard Stuff carried high public interest and had high value in terms of the exercise of freedom of expression....

Decisions
Gardiner and Television New Zealand Ltd - 2003-125
2003-125

ComplaintPerfect Match – Featured a gay man in search of a male partner – broadcast during school holidays at 8. 30pm – alleged erroneous message – disturbing to children FindingsStandard 9 Guidelines 9a and 9c – broadcaster considered children’s viewing interests – no uphold This headnote does not form part of the decision. Summary [1] An episode in the programme Perfect Match featured a gay man in search of a male partner. It was broadcast on TV One at 8. 30pm on Thursday 17 July 2003. [2] Mr Gardiner complained to Television New Zealand Ltd, the broadcaster, that the programme, which screened at a time when “older” children were still watching television, contained a message that incorrectly implied gay relationships were normal. [3] In response, TVNZ noted that the programme was clearly classified Adults Only and disputed the view that the programme could harm children....

Decisions
Leitch and Television New Zealand Ltd - 2011-118
2011-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Decisions
Curtis and Television New Zealand Ltd - 2014-124
2014-124

Summary [This summary does not form part of the decision. ]During the National Party's closing address, footage was shown of Prime Minister John Key with US President Barack Obama and the Queen. The Authority declined to determine the complaint that the use of this footage was illegal and breached standards, on the basis the complaint was trivial and did not raise any broadcasting standards issues in the context of a political broadcast carrying high public interest. Declined to determine: Election Programmes Subject to Other CodesIntroduction[1] During the National Party's closing address the night before the 2014 general election, brief footage was shown of Prime Minister John Key with United States President Barack Obama and Queen Elizabeth II. [2] Steve Curtis lodged an election programme complaint directly with the Authority, under Standard E1 of the Election Programmes Code (election programmes subject to other Codes)....

Decisions
Greenpeace New Zealand Inc and Television New Zealand Ltd - 1993-159
1993-159

Download a PDF of Decision No. 1993-159:Greenpeace New Zealand Inc and Television New Zealand Ltd - 1993-159 PDF1. 53 MB...

Decisions
Osborne and Television New Zealand Ltd - 2013-085
2013-085

Summary [This summary does not form part of the decision. ] Two items on Seven Sharp contained sexualised imagery and innuendo. The Authority did not uphold the complaint that the items were inappropriate in a prime time news and current affairs slot. Both items were clearly intended to be humorous rather than titillating, and would not have been unduly offensive or unexpected for regular viewers, given the programme’s mix of serious news, banter and entertainment. Not Upheld: Good Taste and Decency Introduction [1] Two items on Seven Sharp, a New Zealand current affairs and entertainment programme, contained sexualised imagery and innuendo. The first item, broadcast on 7 October 2013, included footage of a man’s YouTube parody of Miley Cyrus’ raunchy performance at the MTV Video Music Awards. The man was shown dancing provocatively around a toilet bowl wearing a bikini made out of glad-wrap....

Decisions
Turner and Television New Zealand Ltd - 1991-004
1991-004

Download a PDF of Decision No. 1991-004:Turner and Television New Zealand Ltd - 1991-004 PDF205. 83 KB...

Decisions
Short and Television New Zealand Ltd - 2016-040C (19 October 2016)
2016-040C

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the item lacked balance and was misleading by failing to accurately present the perspective of the New Plymouth public who were opposed to Mr Judd’s proposed reforms. While it was framed primarily as a profile piece on Mr Judd, the item’s discussion of the proposed Māori ward triggered the requirement for balance....

Decisions
Ball and Television New Zealand Ltd - 2016-074 (15 December 2016)
2016-074

Summary[This summary does not form part of the decision. ]An episode of Cold Feet, a British comedy-drama series which followed the intertwining lives of three couples at different stages in their relationships, contained sex scenes. The Authority did not uphold a complaint that the sex scenes breached the children’s interests and good taste and decency standards. Cold Feet was not targeted at child viewers, it was classified Adults Only and broadcast during an appropriate timeband, and was preceded by a specific warning for sex scenes. The level of sexual content was not overly explicit and was justified by the episode’s narrative context. Overall the broadcaster adequately ensured child viewers could be protected from adult content, and the episode would not have offended or surprised the general viewing audience....

Decisions
Taylor and Television New Zealand Ltd - 2017-041 (24 July 2017)
2017-041

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

Decisions
Stewart and Television New Zealand Ltd - 2018-031 (18 June 2018)
2018-031

Summary[This summary does not form part of the decision. ]A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu. Brief footage from US President Donald Trump’s meeting with Prime Minister Netanyahu in May 2017 was shown at the end of the item. The Authority did not uphold a complaint that the use of this footage created an unduly negative impression of President Trump and implied he was involved in the corruption, which was unfair. The Authority found the use of the footage in no way implicated President Trump in the alleged corruption. The footage was brief and President Trump was not referred to verbally. Not Upheld: Fairness  Introduction[1] A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu....

Decisions
Hall & Large and Television New Zealand Ltd - 2018-061 (10 October 2018)
2018-061

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....

Decisions
Staples & Claims Resolution Service Ltd and Television New Zealand Ltd - 2019-038 (30 September 2019)
2019-038

The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast. Not Upheld: Accuracy, Fairness...

Decisions
Cooper and Television New Zealand Ltd - 2019-116 (16 June 2020)
2019-116

The Authority did not uphold a complaint under the discrimination and denigration standard about a personal anecdote told by Seven Sharp presenter Jeremy Wells, describing the moment ‘Angela D’Audney sat on my desk as a 20-year-old in a leopard-print mini-skirt’. Stumbling over his words, Mr Wells then said, ‘see, it’s got me excited even thinking about it’. The complaint was that Mr Wells: outlined sexually inappropriate conduct against a female coworker; undermined and demeaned his female coworkers; and by saying it on national television, normalised and condoned sexual discrimination in the workplace. The Authority acknowledged Mr Wells’ choice of anecdote was ill-advised and inappropriate and that it may have offended some people. However it emphasised that in itself is not sufficient to find a broadcast encouraged discrimination or denigration. There is a high threshold for finding a breach, in light of the important right to freedom of expression....

Decisions
Pascoe and Television New Zealand Ltd - 2020-090 (9 December 2020)
2020-090

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Eden and Television New Zealand Ltd - 1998-034
1998-034

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-034 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK EDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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