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BROADCASTING STANDARDS AUTHORITY Decision No: 1997-032 Dated the 10th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J R BOWEN of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-126 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PATRICK CURRAN of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-104 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANTERBURY HEALTH LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryPreparations were proceeding for an early election in April 1999, according to the promo for news items broadcast on TV One at about 9. 30pm on 19 November 1998. In the item on Tonight it was reported that preparations were under way for the possibility of an early election. Mrs Barker complained to Television New Zealand Ltd, the broadcaster, that the promo was an inaccurate summary of the item to follow, as it failed to clarify that the preparations were being made only on the basis that there was a possibility of an early election. She argued that the promo was inaccurate, unreliable and a distortion of the item which followed. TVNZ responded that both the promo and the item were accurate in reporting that in the Electoral Office, planning was under way for an early election....

ComplaintStrassman – ventriloquist – offensive language – fucking FindingsStandard G2 – AO – warning – context relevant – freedom of expression – limitations must be justifiable – no uphold This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 4 July 2000 used the phrase "I wish you had a fucking brain" when he spoke to one of his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the broadcast of "gratuitous offensive language" contravened the Broadcasting Act's requirement for broadcasters to maintain standards consistent with good taste and decency. TVNZ responded that Strassman was an adult comedy programme broadcast at 9. 30pm which carried an AO certificate and was preceded by a warning advising that it contained strong language. In that context, it did not consider that the language breached standard G2....

Complaint Shortland Street – episodes involving – casual sex (one night stand) – the use of toothpaste to make a child ill – ending an episode with voodoo-inspired fear – adult themes – inappropriate for broadcast to young people at 7. 00pm FindingsStandard G8 – appropriately rated PGR – no uphold Standard G12 – classification evidence of being mindful of children – no uphold This headnote does not form part of the decision. Summary [1] Shortland Street is a long running fictional series broadcast at 7. 00pm on weekdays on TV2. The episode broadcast on 12 August 2001 included a central character having a one-night sexual encounter, the episode on 17 August raised the possibility of giving a child some toothpaste to make her ill to enable the mother to have a break, and on 21 August, an episode concluded with fear inspired by the use of voodoo....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with John Key – presenter’s comments – allegedly in breach of balance Findings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One on the morning of Wednesday 4 June 2008 between 6. 30am and 9am. At approximately 7. 15am, one of the hosts, Paul Henry, interviewed the Leader of the Opposition, John Key. This was a weekly exchange used to balance Paul Henry’s Monday morning weekly discussions with the Prime Minister, Helen Clark. [2] In the 4 June segment, Mr Key and the host discussed the possibility of a National coalition with the Green Party....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a sex scene in Nip/Tuck in which one of the lead characters had sex with a patient after asking her to place a paper bag over her head was offensive, and should not have been shown at 10pm during the school holidays. The Broadcaster’s ResponseTVNZ said the sex scene was relatively discreet, and had showed a side view with no nudity. The broadcaster noted that Nip/Tuckwas rated Adults Only and had been restricted to a 9. 30pm showing because it contained a greater degree of sexual activity, potentially offensive language and realistic violence. The broadcaster argued that 9. 30pm was adults only time even during the school holidays. The Authority’s DecisionThe Authority said the scene was important to the storyline as it illustrated the central character's decline into sexual dysfunction....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – presenter removed a cat from a microwave oven and said “probably need a couple more minutes, don’t you? ” – placed the cat back in the microwave – allegedly in breach of good taste and decency and inconsistent with the maintenance of law and orderFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – not inconsistent with the maintenance of law and order – not upheldThis headnote does not form part of the decision. Broadcast [1] At the conclusion of an episode of Eating Media Lunch at around 10. 30pm on TV2 on 19 April 2005, the presenter was seen to remove a cat from a microwave oven. He held the cat up to his face and said “probably need a couple more minutes, don’t you?...

INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory applications for production of field tapes – documentary entitled Monster of Berhampore about alleged child abuse in Berhampore Children’s Home – complainant alleging programme unbalanced – seeking disclosure of additional material not broadcast by TVNZDecision on interlocutory applicationField tapes not required to determine relevant issues – applications declined – Authority will seek submissions on substantive issuesThis headnote does not form part of the decision. Background[1] At 7:30 pm on 1 May 2005, during Sunday, Television New Zealand Ltd broadcast an item entitled The Monster of Berhampore. The subject of the item was Walter Lake, who during the 1950s and 1960s had run the Berhampore Children’s Home in Wellington. [2] The documentary interviewed a number of former residents of the home who alleged that Mr Lake had sexually abused them....

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

ComplaintStepping Out – Documentary New Zealand – documentary about young urban Maori on hikoi in Far North – use of "fuck" and its derivatives – offensive language FindingsStandard G2 – AO – warning – language used minimally – appropriate in context – no uphold This headnote does not form part of the decision. Summary Documentary New Zealand: Stepping Out was broadcast on TV One at 8. 30pm on 9 October 2000. It followed six young urban Maori as they traced on foot a route taken by their ancestor Tohe down the west coast of the Far North. During the documentary, the words "fuck" and its derivatives were used on several occasions. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, about the use of such "grossly offensive language"....

ComplaintHolmes – Employment Relations Bill – unbalanced – unfair FindingsStandard G6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary The introduction of the Employment Relations Bill was the subject discussed on Holmes broadcast on TV One on 14 March 2000 beginning at 7. 00pm. The Minister of Labour, a trade union representative, an employer representative and the Opposition spokesperson debated some of the issues. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the discussion simplified the highly complex legislation so much that many important concepts, such as collective bargaining, had not been explained. Furthermore, he complained that the participants had not received equal time. TVNZ responded that it did not believe the absence of an explanation about collective bargaining was a breach of broadcasting standards....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item showed press conference with boxer David Tua, with “Woodstock Bourbon and Cola” liquor brand visible – allegedly in breach of liquor standard Breakfast – weather presenter interviewed “Jim Beam Grid Girls” at location for the ITM 400 in Hamilton – allegedly in breach of liquor standard FindingsStandard 11 (liquor) – items contained liquor promotion in the form of promotion of liquor brands – items did not mention alcohol or advocate liquor consumption – both programmes were aimed at adults – liquor promotion socially responsible – not upheld This headnote does not form part of the decision. Broadcasts [1] During an item on One News, broadcast on TV One at 6pm on 17 March 2011, boxer David Tua was shown at a press conference leading up to a boxing match....

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – reported on man who faced losing two of his fingers if he chose to continue smoking cigarettes – presenter jokingly asked man if he wanted a cigarette – presenter’s comments allegedly in breach of standards relating to good taste and decency, fairness and responsible programming FindingsStandard 1 (good taste and decency), Standard 6 (fairness), and Standard 8 (responsible programming) – presenter’s offer of a cigarette was hypothetical and intended to highlight the man’s triumph in giving up smoking – not intended to “taunt” the man – man was a willing participant and took the comments with good humour – comments would not have offended or distressed most viewers – man treated fairly – broadcast not socially irresponsible – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-133:Associate Minister of Health (Hon Maurice Williamson) and Television New Zealand Ltd - 1993-133 PDF1. 02 MB...

Download a PDF of Decision No. 1992-043:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-043 PDF315. 9 KB...

Download a PDF of Decision No. 1991-014:Housing Corporation of New Zealand Ltd and Television New Zealand Ltd - 1991-014 PDF528. 83 KB...