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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-025 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH (Hon Jenny Shipley) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Tagata Pasifika– item reported on the Government’s Recognised Seasonal Employer Scheme – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (accuracy) – item would not have misled viewers – item did not purport to be an in depth discussion of the scheme – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tagata Pasifika broadcast at 11. 05pm on 3 May 2007, reported on the announcement of the New Zealand Government’s Recognised Seasonal Employer Scheme (the RSE scheme)....

ComplaintPolice Ten 7 – complainant arrested by police – shown without consent – breach of privacy complaintFindingsStandard 3 – Privacy Principle i) – filming in public place – no highly offensive facts disclosed – Privacy Principle v) – name disclosed but consent form later signed – no upholdThis headnote does not form part of the Decision Summary [1] The series Police Ten 7 follows a Police team while on duty. The questioning and subsequent arrest of the complainant for obscene language was one of the items dealt with in the episode broadcast on TV2 at 7. 30pm on 21 August 2003. [2] MD complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that being shown on the programme without his consent breached his privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Question of Justice – documentary examining the ongoing controversy surrounding the conviction of David Bain for the murders of five family members – included police video, photographs of the crime scene, and re-enactments of the murders – allegedly unfair and in breach of the violence standardFindingsStandard 6 (fairness) – programme explored all different perspectives – not unfair to David Bain – not upheld Standard 10 (violence) – murder scenes not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] A Question of Justice, broadcast on TV One at 8. 30pm on 12 May 2005, examined the ongoing controversy surrounding the conviction of David Bain for the murders of five family members. The programme included police video and photographs of the crime scene, plus re-enactments of the murders and other scenes....

ComplaintThe Private Lives of Giants – documentary – imperial measurements used – breach of taste – breach of law – inaccurate FindingsStandard G1 – no inaccuracies – no uphold Standard G2 – no community standards issues – no uphold Standard G5 – complaint referred to specific statute not legal principles – no uphold This headnote does not form part of the decision. Summary [1] The Private Lives of Giants was the title of the programme broadcast in the "Documentary New Zealand" slot at 8. 30pm on TV One on 23 July 2001. Non-metric measures were used throughout the programme. [2] Mr Fortune complained to Television New Zealand Ltd, the broadcaster, about the use of imperial measures. He considered that the metric system of weights and measures, which had been introduced by law in 1969, was being deliberately flouted....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-178 Decision No: 1996-179 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RCD APPLICANT GROUP of Dunedin and OTAGO REGIONAL COUNCIL Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintOne News – item reported Government to pay defence bill for depositions hearing of private prosecution of police officer charged with murder – featured as unusual event whereas complainant claimed that it was standard practice – not consistent with legal principles – unbalanced – inaccurate – unfair FindingsStandards 2, 4, 5, and 6 – news selection issue – not broadcasting standards matter – no uphold This headnote does not form part of the decision. Summary [1] The Government’s decision to pay the defence costs at the depositions hearing of the private prosecution of Constable Abbott for the murder of Stephen Wallace was reported as a "bolt from the blue" in an item on One News on Saturday 15 June 2002. One News is broadcast daily on TV One between 6. 00–7. 00pm....

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...

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

The Authority has not upheld a complaint an item on 1 News reporting on Immigration New Zealand’s decision to allow Kellie-Jay Keen-Minshull (also known as Posie Parker) into New Zealand breached the balance and fairness standards. The complainant was concerned with the broadcast’s description of Parker as ‘anti-trans’ rather than ‘pro-women’, and its link between Parker and people doing Nazi salutes at her events. The Authority found the item was balanced, referring to comments from both the Immigration Minister and Parker herself. It also considered Parker was treated fairly in the broadcast, noting the right to freedom of expression means broadcasters are free to use descriptors they consider appropriate, provided they do not breach broadcasting standards. Not Upheld: Balance, Fairness...

Summary A One Network News item reporting on the situation in East Timor included three photographs which had been smuggled out of the territory. The photographs were said to depict the severed head of a man impaled on a stake, the body of a woman who it was alleged had been raped, and the body of a beheaded man being dragged along on a rope. The item was broadcast on TV One on 23 September 1999 commencing at 6. 00pm. Mrs Barker complained to Television New Zealand Limited, the broadcaster, that none of the photographs was fit for broadcast at that time of night. That was supposed to be a safe viewing time for young people, she wrote. She added that the photographs were "horrific", and that it was "totally irresponsible" and "totally inappropriate" to show them without any warning....

SummaryA DB Player Profile of cricketer Tony Blain was broadcast by Television One on 6 March1994 during the cricket coverage on One World of Sport. The Secretary of the Group Opposed to Advertising of Liquor (GOAL), Mr Turner,complained to Television New Zealand Ltd that the broadcast of the item sandwichedbetween two promotions for Dominion Breweries amounted to contrived incidental liquorpromotion in contravention of the Programme Standards. TVNZ accepted that the broadcast of the item showing a player wearing a shirt with a DBlogo amounted to a breach of the principle in the standards which requires theminimisation of the incidental promotion of liquor. It reported that player profilescontaining similar shirt-front regalia would not again be broadcast. However, as theappearance of the logo had been accidental, it did not uphold the complaint that thebroadcast was contrived....

The Authority has not upheld a complaint a 1News item on 80-year commemorations for D-Day breached the accuracy standard by stating that D-Day ‘was the turning point in the war against Nazi Germany’. The complainant considered this was inaccurate as D-Day was only the turning point for the Western Front, not the Eastern Front or World War II as a whole. The Authority found the alleged inaccuracy was not material to the segment, and would not have impacted audience’s understanding of the broadcast as a whole. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a TVNZ news report concerning an Israeli military operation in the Occupied West Bank breached the balance and accuracy standards. The Authority found the balance standard was not breached as the requirement to present additional perspectives is reduced for programmes narrowly focused on one aspect of a larger complex matter, and the audience could reasonably be expected to be aware of significant context and viewpoints from other media coverage.  While noting the balance standard is not directed at bias, the Authority also identified no bias in the language used in the broadcast. The Authority also found reasonable viewers were unlikely to be misled by the content, language used or absence of further context. Not Upheld: Balance and Accuracy...

The Authority has not upheld a complaint that an item on 1 News reporting on the upcoming Budget breached the accuracy standard. The reporter stated the Government unveiled a report the previous day showing the ‘very wealthy pay less than half the tax of the average Kiwi. ’ The complainant considered this statement was inaccurate as that report found the wealthiest pay less than half the tax rate of the average Kiwi. While acknowledging this distinction, the Authority considered the brief statement was unlikely to significantly affect viewers’ understanding of the item where the focus was on the upcoming Budget and its omission of a cyclone levy or any ‘major new taxes. ’ Further, in introducing the item, the host correctly noted the report found there was a gulf in ‘effective tax rates. ’ Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, presenter Mike Hosking read out a letter from a disgruntled viewer about comments he had made during an earlier episode about music group One Direction. The letter contained numerous expletives which were 'beeped' out during the broadcast. The Authority did not uphold a complaint that the 'disgusting' language was contrary to good taste and decency and children's interests. Beeping is a commonly employed broadcasting technique to mask potentially offensive language. While most viewers would have discerned what the words were, in the context of an unclassified current affairs programme targeted at adults, which is known for being humorous and at times provocative, the segment did not threaten standards....

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....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on a recent win and the increasing success of the Black Ferns rugby team. The complainant alleged the item was inaccurate and misleading as the number of attendees at the game was incorrectly reported. The Authority found that while the number of attendees was stated incorrectly, this was immaterial to the focus of the item which was the Black Ferns’ win and growing success, and unlikely to affect the audience’s understanding of the programme as a whole. Not Upheld: AccuracyThe broadcast[1] A 1 News item reported on a Black Ferns game, specifically their win over the Wallaroos (the Australian women’s national rugby union team) for the Laurie O’Reilly Memorial Trophy....

Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...