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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 33/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 61/95 Dated the 6th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARION HANCOCK of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 138/95 Dated the 30th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

The Authority has not upheld a complaint about a Sunday item questioning what legacy could be left behind by a (now shut) chemical plant in Paritūtū, New Plymouth, which produced 2,4,5-T, containing the contaminant TCDD. The complaint was that the item breached the accuracy and balance standards as it exaggerated the harms of the chemical to people and the environment, and took insufficient care to fully investigate non-expert comments of interviewees ‘in spite of adequate explanatory reports in the public domain. ’ Noting the high public interest and value in the item overall, the Authority found the segment was clearly presented as focusing on local residents’ perspectives of and concerns about the plant; the interviewees’ comments were clearly contextualised, and the item included references to reputable reports as well as appropriate comment from an expert in the area....

A segment on Seven Sharp reported on an electric tugboat named ‘Sparky’ going to meet the first cruise ship to come to Auckland following the COVID-19 pandemic. Sparky was described as ‘the world’s first fully electric ship-handling tug,’ which the complainant alleged was inaccurate. While the Authority acknowledged that this detail was likely technically inaccurate, in the context of a human interest piece focused on Sparky’s mechanical features, it found this was unlikely to significantly affect viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

An item on 1 News reported on clashes between mourners and Israeli police at the funeral of Palestinian-American journalist Shireen Abu Akleh. The Authority did not uphold a complaint that the item was misleading by implying the locations of Abu Akleh’s death and her funeral were in Israel and by impliedly ‘exonerating’ Israel for its police force’s actions at the funeral and for Abu Akleh’s death. While the item did not specify the city or country where the events took place, the Authority found the generic place descriptors used combined with references to ‘Israeli police’ and ‘Israeli forces’ being present would not have misled the audience to believe the events occurred in Israel. It further found the broadcast did not impliedly ‘exonerate’ Israel. Not Upheld: Accuracy...

The Authority has not upheld a complaint that broadcasting an image of Julian Batchelor’s car (sign-written with ‘stop co-governance’ advertising, including Batchelor’s website domain name, and cell phone number) breached Batchelor’s privacy due to the car’s licence plate not being blurred. The Authority found that no private information had been disclosed – noting the car was parked in a publicly visible place, and the Authority has previously found brief footage of licence plates in a broadcast does not amount to an offensive disclosure of private facts, for the purposes of the standard. Not Upheld: Privacy...

The Authority has declined to determine a complaint that the use of the word ‘Jesus’ as an exclamation during an episode of Shortland Street breached broadcasting standards. In light of the Authority’s guidance on complaints that are unlikely to succeed, and previous decisions on the use of ‘Jesus’ and ‘Christ’ as exclamations, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) in all the circumstances): Offensive and Disturbing Content, Discrimination and Denigration...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintJason Lewis complained that an episode of Coastwatch breached his privacy and was unfair. The item showed him being issued with a $250 fine for having five undersized paua in his catch, two years after he was filmed. The complainant said he had not known he was being filmed for television, and that showing the incident two years after it happened was unfair, particularly as the fine had been waived a week after it was issued. The Broadcaster's ResponseTVNZ said the programme had not broadcast any private facts about the complainant, who had been filmed in a public place. Although his fine was subsequently rescinded, the fact remained that he had been caught in possession of undersized paua, and this was still on his record at the Ministry of Fisheries....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reported allegations that during his time as a teacher, Cabinet Minister David Benson-Pope was “sleazy” and made female students stand outside in their nighties as punishment at a school camp – included comments from Mr Benson-Pope – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue of public importance whether Mr Benson-Pope had acted inappropriately towards female students during his time as a teacher – significant perspectives were aired during period of current interest – not upheld Standard 5 (accuracy) – no inaccuracies or misleading impressions – not upheld Standard 6 (fairness) – door-stepping interview not unfair – reporter entitled to approach Cabinet Minister – overall Mr Benson-Pope treated fairly – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men and Scrubs promo – male character in Scrubs promo stated "I don’t like doing things I'm not good at", to which female character responded, "Yeah, that's why we don't have sex much" – male doctor in Scrubs promo talking to a female nurse said "My post-op is going in and out of consciousness. You know what I'd like to go in and out of?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – contained interview with a psychologist who discussed different personality types in the workplace – presenter used the term “schizos” before and during the interview – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – comments lacked necessary invective to reach threshold – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – complainant did not identify any person or organisation he felt had been treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 22 September 2009, contained an interview with psychologist and employment relations expert Dr Giles Burch. [2] At 7....

Summary A news item broadcast on One Network News on 14 April 1998 between 6. 00-7. 00pm referred to some of the recommendations in the government’s review on firearms. It was reported that members of the anti-gun lobby were dissatisfied with the government’s lack of progress in implementing the recommendations. Paul Sheehan of Christchurch complained to Television New Zealand Ltd, the broadcaster, that the report on the recommendation to buy back semi-automatic weapons was inaccurate and misleading. In addition he complained about what he called the "incorrect implication" that gun laws had not been tightened, and the failure to balance the discussion by including a person from the pro-gun lobby. TVNZ advised that it upheld the aspect of the complaint regarding the recommendation to buy back semi-automatic weapons....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter’s comment about people who have Obsessive Compulsive Disorder – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on the morning of 9 June 2008, the two presenters, Pippa Wetzell and Paul Henry, had an impromptu discussion about Obsessive Compulsive Disorder (OCD) at approximately 8am. Mr Henry shared a story with Ms Wetzell and viewers about an ex-colleague of his who suffered from OCD, which took the form of a need to “count the pillars” while on his journey to work in the morning. Mr Henry then commented: He was a crazy freak, like all Obsessive Compulsive people are....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – update on a 2005 story about a Chinese family – father had been deported and mother was fighting a deportation order – interviewed the couple’s three children – daughter was shown distressed and in tears – allegedly unfair Findings Standard 6 (fairness) – broadcaster failed to use discretion and sensitivity when interviewing child about a distressing situation – child was exploited – unfair – upheld Order Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $1,500 This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 14 November 2006, discussed a long-running court case involving a Chinese couple who had come to New Zealand on a working visa more than a decade ago....

SummaryThe programme WCW Nitro features professional wrestling bouts staged in front of a live audience. In the episode broadcast on TV2 at 10. 30pm on 20 November 1998, the wife of one wrestler was held and verbally abused while her husband was administered a hiding in wrestling terms by several other wrestlers. Mr Poata complained to Television New Zealand Ltd, the broadcaster, that the item was disgusting and breached both the general standards and the standards relating to the portrayal of violence. He accepted that the sequence might have been staged, but maintained it was unacceptable as it was "choreographed gang rape". TVNZ acknowledged that the wrestler’s wife had been demeaned and the performance breached currently accepted community norms of good taste and decency. It upheld the complaint under the standards dealing with these issues....

ComplaintTonight – item on papal visit to Jerusalem – reference to Israel – inaccurate FindingsStandard G14 – reference ambiguous – implicitly included area beyond Jerusalem – no uphold This headnote does not form part of the decision. Summary A news reporter presenting a report on the papal visit to Jerusalem described himself as being in Israel when the scene depicted showed he was in East Jerusalem. The item was broadcast on Tonight on TV One at 10. 30pm on 23 March 2000. On behalf of the Wellington Palestine Group, Ms Zarifeh complained to Television New Zealand Ltd, the broadcaster, that the description was inaccurate, as she maintained that East Jerusalem was not in Israel. In its response, TVNZ said the reference to Israel in the item was not inaccurate, although it conceded that the reporter’s description did not conform to its house style. It declined to uphold the complaint....

ComplaintOne News – item about Olympic flame runner being accosted by spectator – offensive language – ballsed-upFindingsStandard G2 – not offensive in context – no uphold This headnote does not form part of the Decision. Summary A news item broadcast on One News on 11 September 2000 between 6. 00–7. 00pm showed an athlete who was running with the Olympic torch being accosted by a spectator who was attempting to snatch the torch. The runner, when interviewed, said about the man that he had "really ballsed it up". Paul Schwabe complained to Television New Zealand Ltd that the phrase "balls-up" was "gutter language" which was plainly indecent and should not be broadcast. TVNZ responded to the complaint by noting that it raised two questions....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item reported that a group described as Te Aukiwa Farm shareholders were evicting farm hands employed by the Office of Treaty Settlements and had requested police assistance – broadcaster upheld complaint that item was inaccurate – apologised to complainant and offered on-air apology and correction – complainant dissatisfied with the offer Findings Action taken – sufficient – broadcaster nevertheless encouraged to carry out the action it had undertaken – not upheld This headnote does not form part of the decision. Broadcast [1] An ongoing dispute about ownership of the farm block, Te Aukiwa Farm (Stoney Creek Station) 12km south of Mangonui, was dealt with on an item on Te Karere, broadcast on TV One at 4. 45pm on 15 September 2006, and repeated at 6. 10am on 16 September....