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Decisions
New Zealand Chiropractors' Association and Television New Zealand Ltd - 2009-058
2009-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with medical researcher about the effectiveness of treatment by chiropractors – allegedly inaccurate FindingsStandard 5 (accuracy) – programme presented researcher as authoritative – he made a number of inaccurate statements – upheld No Order This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6. 30am and 9am on 9 March 2009, one of the presenters interviewed a medical researcher, Dr Shaun Holt, about the effectiveness of chiropractors. Dr Holt said that chiropractors were “as good as conventional medicine” for treating back pain, although conventional medicine was not particularly effective because back pain was very hard to treat. He said “by all means see a chiropractor, they may well help,” but that many claimed to treat other medical conditions and research showed that chiropractic was not beneficial for those conditions....

Decisions
Molan and Television New Zealand Ltd - 2009-126
2009-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the manuka honey industry – investigated claims that some manuka honey producers were misleading consumers by putting false information on their labels – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – item 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 at 7pm on Wednesday 5 August 2009, investigated whether claims made on manuka honey labels could be backed up by tests. The presenter introduced the item by saying: They call it liquid gold. It’s one of our fastest export success stories, but tonight we rip the lid off an industry rife with false claims, with deceit....

Decisions
Frewen and Television New Zealand Ltd - 1996-089
1996-089

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-089 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TOM FREWEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Rawson and Television New Zealand Ltd - 1996-138
1996-138

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-138 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J G RAWSON of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Schwabe and Television New Zealand Ltd - 1999-163
1999-163

Summary A man who emulated the lifestyle of the fictional Austin Powers character was the subject of a news report on TV One broadcast between 6. 00–7. 00pm on 11 July 1999. In that context, reference was made to the recently released Austin Powers film "The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an offensive macho term which degraded women and was not acceptable during a family hour broadcast. TVNZ acknowledged that the word "shagged" contained strong sexual innuendo, but argued that its level of offensiveness had been considerably moderated. It noted that the word was used only once during the item and that was in the context of the film’s title. It did not consider that that single reference breached any broadcasting standards....

Decisions
Rawlings and Television New Zealand Ltd - 1998-103
1998-103

Summary Some dissatisfaction expressed by three purchasers of cars from Saevue Motors in New Plymouth was considered in an item broadcast on Holmes, between 7. 00–7. 30pm on 11 December 1997. The possibility of odometer tampering was raised. Mr Rawlings complained to Television New Zealand Limited, the broadcaster, that the item was unbalanced and unfair. He noted that there had been no effort to gauge the extent of the problem among the company's total customer base, and he claimed that the company was portrayed as a "monster". On the basis that the information contained in the item justified the investigation, TVNZ reported that it had tried unsuccessfully to persuade the company to participate in the programme. It declined to uphold any aspect of the complaint. Dissatisfied with TVNZ’s decision, Mr Rawlings referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Golden and Television New Zealand Ltd - 1995-109
1995-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 109/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN GOLDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Pietersma and Television New Zealand Ltd - 1997-079
1997-079

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-079 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TRINA PIETERSMA of Taupo Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Thomson-Ryan and Television New Zealand Ltd - 2010-063
2010-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up promo – contained the word “fugly” to describe the appearance of a film character – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – “fugly” used in a light-hearted and jovial manner – not used as a term of abuse – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A brief promo for Close Up was broadcast at 8. 33am during an episode of Breakfast and again at 3. 07pm during 60 Minute Makeover on Wednesday 7 April 2010. The promo discussed the new Nanny McPhee film starring Emma Thompson. [2] During the promo a voiceover said, “. . . Plus Oscar pro Emma Thompson on having to look fugly for film”, after which Ms Thompson was shown saying, “I really enjoy it....

Decisions
BQ and CR and Television New Zealand Ltd - 2002-193–196
2002-193–196

ComplaintLocation, Location, Location – complainants attended and participated in auction – complainants claimed that they would not be filmed – shown on programme – unfair – breach of privacy FindingsStandard 6 – irreconcilable conflict of facts as to particulars of the request not to film – decline to determine Standard 3 Guideline 3a Privacy Principle iii – no intentional intrusion – no uphold This headnote does not form part of the decision. Summary [1] A couple was shown making the final bid in the auction for a house during an episode of the reality series Location, Location, Location. The bid was unsuccessful as it failed to reach the reserve. The episode was broadcast on TV One at 8. 00pm on 17 July 2002. [2] BQ and CR, the couple making the bid, complained to Television New Zealand Ltd, the broadcaster, about the item....

Decisions
FreeLife Pacific Area and Television New Zealand Ltd - 2006-073
2006-073

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an illegal advertising campaign for Goji Juice – product was being marketed to the Tongan community as being a cure for numerous diseases – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue was the marketing of Goji Juice – broadcaster not required to seek comment from manufacturer or from people who endorsed the product – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – broadcaster did not exhaust every alternative legitimate way of obtaining Namoe Sau’s comment before arranging door-stepping interview (guideline 6b) – used deception to obtain her comment without making sufficient attempts to obtain the material by other means (guideline 6c) – broadcaster treated Ms Sau unfairly – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] An item on One News, broadcast on TV One at 6pm…...

Decisions
Harang and Television New Zealand Ltd - 2005-018
2005-018

Complaint under section 8(1)(a) of the Broadcasting Act 1989Item on Close Up looking at the nudist lifestyle – reporter visited a nudist camp – allegedly in breach of standards relating to good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – item not harmful to children – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on Close Up on TV One at 7pm on 1 February 2005 used the occasion of the “nude Olympics” to look into the nudist lifestyle....

Decisions
Hind and Television New Zealand Ltd - 2004-200
2004-200

Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – findings of a global survey examining sexual behaviour - frequency of sexual intercourse in various countries – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – delivered in the context of a serious message – not presented in a salacious manner – not upheld Standard 9 (children’s interests) – targeted at teenage audience – unlikely to appeal to younger viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Flipside screened on TV2 at 5pm on 13 October 2004. Flipside is a programme targeted at a teenage audience and discusses issues of relevance to youth. An item introduced the findings of the 2004 Durex Global Sex Survey which examined sexual behaviour in various countries....

Decisions
Diamond and Television New Zealand Ltd - 2003-011, 2003-012
2003-011–012

Complaint Choppers – rescue series – intrusion into grief – breach of privacy – complainant said consent to broadcast withheld FindingsPrivacy – conflict as to whether consent given – decline to determine Standard 5 – item not news, current affairs or documentary – no uphold Standard 6 – majority – footage indistinct and fleeting – similar to that which would be used in news item – informational content – no uphold – minority – complainant identifiable and clearly in shock – friend obscured – unfair This headnote does not form part of the decision. Summary [1] The series Choppers followed the activities of a helicopter rescue service. The rescue of a young woman who had fallen down a cliff was shown in the episode broadcast at 7. 30pm on TV2 on 8 August 2002. [2] Christine Diamond, the woman rescued, complained to the Broadcasting Standards Authority under s....

Decisions
George and Television New Zealand Ltd - 2002-084
2002-084

ComplaintOne News – Australian Governor-General – alleged cover-up of sexual abuse – Merepeka Raukawa-Tait interviewed – suggested Australians were hypocritical as their silence may have contributed to abuse – unbalanced – unfair – inaccurate FindingsStandard 4 and Guideline 4a – item balanced about matter of Governor-General’s tenure – no uphold Standard 5 – item accurate – no uphold Standard 6 and Guideline 6g – no evidence of denigration – no uphold This headnote does not form part of the decision. Summary [1] Controversy over the allegations that the Australian Governor-General, Dr Peter Hollingworth, had covered up sex abuse cases when Archbishop of Brisbane was dealt with in an item on One News, broadcast at 6. 00pm on 22 February 2002. The Chief Executive of Women’s Refuge in New Zealand, Merepeka Raukawa-Tait, when interviewed, suggested that the criticism directed at Dr Hollingworth was hypocritical....

Decisions
Potts and Television New Zealand Ltd - 2000-060
2000-060

Complaint Marae – live broadcast of Aotearoa Traditional Performing Arts Festival – haka – whakapohane – nudity – buttocks – testicles – offensive behaviour FindingsStandard G2 – brief – indistinct – modified version of traditional Maori challenge – no uphold This headnote does not form part of the decision. Summary A special edition of Marae which was broadcast live from the "Aotearoa Traditional Performing Arts Festival" screened on TV One from 8. 30am until midday on 6 February 2000. Mr Potts complained to Television New Zealand Ltd, the broadcaster, that a haka performed during the programme was "grossly offensive". He objected to what he considered were close up shots of male performers’ naked buttocks and testicles. TVNZ responded that the footage had not been as explicit as Mr Potts had described....

Decisions
MA and Television New Zealand Ltd - 2010-084
2010-084

Complaint under section 8(1A) of the Broadcasting Act 1989Police Ten 7 – programme about work of New Zealand police – filmed execution of search warrant at complainant’s property – programme included footage of street, driveway and house, the complainant and other occupants – stated complainant was subsequently convicted for possession of cannabis and fined – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – MA had an interest in seclusion – broadcast of footage was an offensive intrusion in the nature of prying – MA did not provide consent – public interest did not outweigh breach of privacy – upheld OrderSection 13(1)(d) – payment to the complainant for breach of privacy $1,500 Section 16(4) – payment of costs to the Crown $1,000 This headnote does not form part of the decision....

Decisions
TW and Television New Zealand Ltd - 2011-075
2011-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

Decisions
Kidd and Television New Zealand Ltd - 2011-145
2011-145

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rugby World Cup Semi-Final: France v Wales – commentator used the word “Jesus” with reference to Wales being given a penalty kick – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 1 (good taste and decency) – “Jesus” used as exclamation and spontaneous reaction during a live sports programme – not used in derogatory or abusive manner – contextual factors – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During the Rugby World Cup Semi-Final between France and Wales, broadcast on TV One at 8....

Decisions
Noble and Television New Zealand Ltd - 2011-117
2011-117

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

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