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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-088 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE REV CANON GERALD HADLOW of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryLight-hearted skits displaying some of the dangers for naïve first time house buyers were broadcast as items on Fair Go between 7. 30–8. 00pm on 14 and 21 October 1998. The Real Estate Institute of New Zealand Inc. complained to Television New Zealand Ltd, the broadcaster, that each item was a satire in which the script questioned the integrity of real estate agents, and presented them as unscrupulous. It sought an apology. Maintaining that the items contained scenarios which illustrated the pitfalls faced by home buyers if they failed to make proper checks, TVNZ said that they were designed to inform and not to ridicule. They provided basic educational material and, it said, did not imply that agents would deliberately mislead. TVNZ did not uphold the complaint. Dissatisfied with TVNZ’s decision, the Institute referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintDocumentary New Zealand: "The Real New Zealand" – gay homestay – promotion of homosexuality – omission of information and warning about sexually transmitted diseases – unbalancedFindings(1) Standard G2 – action taken sufficient – no uphold (2) Standard G6 – no uphold (3) Standard G20 – no uphold This headnote does not form part of the decision. Summary An episode of Documentary New Zealand: "The Real New Zealand" about New Zealand homestays included a segment about a homestay designed for gay visitors. The programme was broadcast on TV One at 8. 30pm on 21 August 2000. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, about the footage, which he considered promoted homosexuality and contained scenes of nudity among homosexuals which would have been offensive to a majority of viewers....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-063 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by B L SINCLAIR of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of New Zealand’s dairy industry. The Authority did not uphold a complaint alleging that the item was unfair to the complainant and breached his and his employee’s privacy, and that the item was inaccurate and lacked balance. Neither RZ nor his employee was identifiable during the footage and they were not participants, or referred to, in the item. The item was also sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. Comments in the item that the complainant alleged were inaccurate were clearly opinion and analysis and thus not subject to the accuracy standard, and the item was not otherwise misleading....

Summary[This summary does not form part of the decision. ]An episode of a weekly mixed martial arts championship highlights and commentary programme, MMA: One Championship Weekly, was broadcast on TVNZ DUKE at 8. 30am on Saturday 15 April 2017. The primary focus of the episode was a build-up to an upcoming match between Eduard Foyalang and Ev Ting scheduled for 21 April 2017. The episode profiled each of the fighters with reference to their backgrounds and family life. It also included 5-6 minute clips of their previous fights against other opponents. Mr Dandy complained that the use of footage from MMA fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised....

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that use of the word ‘cunt’ in the New Zealand crime drama series, One Lane Bridge, breached the discrimination and denigration standard. The Authority observed that the standard is not intended to prevent the broadcast of legitimate drama and considered that the threshold for its intervention had not been reached. It determined that use of the word, in its context, did not contain the level of malice or nastiness required to find a breach of the discrimination and denigration standard and did not amount to hate speech or a sustained attack on women as a section of the community. Not Upheld: Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society....

Summary[This summary does not form part of the decision. ]A complaint about the use of the term ‘holiday highway’ during a 1 News item, to refer to the road between Puhoi and Warkworth, was not upheld. The complainant submitted the term ‘holiday highway’ was ‘Labour Party propaganda’, and that its use minimises the seriousness of the road toll in that area and denigrates people who live in North Auckland or Northland. The Authority noted the term has been widely used in the media for a number of years to refer to the road, including prior to the recent General Election, and found it was not used with the malice or condemnation required to constitute a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration The broadcast[1] An item on 1 News reported on newly announced Government funding for road infrastructure....

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...

A 1 News item covered the National Party’s conference in Queenstown and noted a clash between the Party’s policies and having their conference in Queenstown. The complainant stated the report breached the balance and fairness standards as it was biased against the National Party. The Authority did not uphold the complaint, finding the Party was treated fairly and provided an opportunity to respond to the criticism. The balance standard did not apply. Not Upheld: Fairness, Balance...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about Advertising Standards Authority’s ruling against advertisement for Charlie’s Soda – studio discussion among four men about whether the decision was out of step with society and demonstrated a double standard between advertising and television programmes – allegedly unbalanced Findings Standard 4 (balance) – discussion was confined to one advertisement – did not discuss a controversial issue of public importance – 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 31 January 2008, discussed the decision of the Advertising Standards Authority (ASA) that an advertisement for Charlie’s Soda was in breach of advertising standards. According to the item, the ASA ruled that the advertisement breached a standard which required advertisements not to use sexual content to promote an unrelated product....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – repetition of footage showing an unprovoked attack on Korean youths by two “skinheads” – allegedly in breach of good taste and decency, law and order and violence standards. Findings Standard 1 (good taste and decency) – repetition of sequence helped emphasise vicious nature of attack – contextual factors – not upheld Standard 2 (law and order) – item did not glamorise behaviour or encourage imitation – not upheld Standard 10 (violence) – repetition of sequence not gratuitous – verbal warning sufficient – justified in the context – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 1 May 2007, reported the sentencing of two “skinheads” involved in a racist attack on a group of Korean youths in Nelson....

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained images of women with bare breasts, and women in their underwear – allegedly in breach of good taste and decency, and children’s interests standards Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7. 30pm on 7 September 2007, contained video footage of women with bare breasts and women in their underwear. [2] The episode was preceded by a visual and verbal warning that stated: This programme is rated PGR....

ComplaintHolmes – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – challenged on decision to abstain – blamed for passage of Bill – held up to ridicule and contempt – unfairFindingsStandard 4 – MP given right to reply to criticism – no uphold Standard 6 – as with Standard 4 – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on Holmes, broadcast on TV One at 7. 00pm on Thursday 26 June, comment was made that the Bill would not have been passed had Mr Ashraf Choudhary MP not abstained. Mr Choudhary was interviewed regarding his abstention....

Complaint Breakfast – item on increased ACC levy for motorcycles – biased against motorcyclists FindingsStandard G4 – motorcyclists not dealt with unfairly – no uphold Standard G14 – item dealt with levy increase fairly – no uphold This headnote does not form part of the decision. Summary [1] Increases in ACC levies were dealt with in an item broadcast on Breakfast between 7. 00–9. 00am on 5 December 2001. It was reported that the levy to be paid on the annual registration of motorcycles was to increase by nearly 60 percent because of the high number of accidents involving motorbikes. [2] Miss K Latimer complained to Television New Zealand Ltd, the broadcaster, that the item was biased and misleading because of the negative attitude she considered had been taken towards motorcyclists....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about school system in post-Saddam Iraq – referred to increasing fundamental religious education in private schools – allegedly unbalanced and reinforced prejudices about sinister religious activitiesFindings Standard 4 (balance) – fundamentalism used in contrast to secular education – not upheld Standard 5 (accuracy) – no apparent inaccuracies – not upheld Standard 6 (fairness) – no apparent unfairness – not upheld This headnote does not form part of the decision. Broadcast [1] Schooling in post-Saddam Iraq was featured in an item broadcast on One News beginning at 6. 00pm on TV One on 29 September 2004. Pointing out that education under Saddam had been largely secular, the item reported that education in Iraq was becoming increasingly religious, especially in private schools....