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Decisions
Wicks and Television New Zealand Ltd - 2022-052 (20 May 2022)
2022-052

The Authority has reconsidered and not upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb, following TVNZ appealing the Authority’s original decision to the High Court. The item featured an interview with a resident reported as being ‘too scared to be identified’. The Authority originally found she was identifiable and the High Court dismissed the appeal on that point but directed the Authority to reconsider the remaining issues in light of new affidavit evidence filed by TVNZ in the appeal. Having reconsidered the matter, the Authority remained of the view the disclosure of the woman’s identity in the circumstances would be highly offensive to an objective reasonable person. However, based on the affidavit evidence the Authority found the defence of informed consent was available to the broadcaster. Not Upheld: Privacy...

Decisions
Edgewell Personal Care and Television New Zealand Ltd - 2021-077 (15 September 2021)
2021-077

The Authority has not upheld a complaint that an item on Fair Go breached the accuracy and fairness standards. The item investigated a mother’s concerns following her son getting severe sunburn despite applying Banana Boat SPF50 sunscreen, and more broadly how sunscreens are tested under New Zealand regulations, and whether the public should be able to rely on claims on sunscreen labels. The Authority found the mother’s comments were clearly her opinion, to which the accuracy standard did not apply, and the programme was not otherwise inaccurate or misleading. The programme did not allege Banana Boat sunscreen does not work, nor that it does not comply with regulatory requirements. The complainant, as the company responsible for Banana Boat, was given a fair and reasonable opportunity to comment in response to issues raised in the story and its response was fairly presented. Not Upheld: Accuracy, Fairness...

Decisions
Frewen and Television New Zealand Ltd - 2020-146B (9 March 2021)
2020-146B

The Authority has not upheld a complaint about an interview on Q+A, broadcast on TVNZ 1, with the Rt Hon Winston Peters, which included questions about the Government’s COVID-19 response, leaking of information regarding the ‘Green School’ funding, New Zealand First Party funding, the Serious Fraud Office investigation into the New Zealand First Foundation and a tax-payer funded trip of Mr Peters’ two friends to Antarctica. The complainant argued the interview breached the fairness standard because the broadcaster did not give Mr Peters notice of his proposed contribution regarding the various topics raised. The Authority found the wide-ranging and robust questioning was within the scope of what could be expected for a high profile and senior political figure like Mr Peters on matters of significant public interest in the lead up to a general election. Not Upheld: Fairness...

Decisions
Elliott and Television New Zealand Ltd - 2018-096 (4 February 2019)
2018-096

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....

Decisions
Robertson and Television New Zealand Ltd - 2016-038 (22 August 2016)
2016-038

Summary[This summary does not form part of the decision. ]An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link. The Authority did not uphold a complaint that the item was unbalanced, inaccurate and unfair. The item included a variety of significant viewpoints on KiwiRail’s decision, and it did not imply that the Government’s or KiwiRail’s views on the issue were more valid than other views. In the context of a brief news report, the pro-rail rally was accurately conveyed, and no individual or organisation was identified by the complainant as being treated unfairly. Not Upheld: Balance, Accuracy, FairnessIntroduction[1] An item on ONE News Tonight reported on a pro-rail rally in Whangarei, which occurred in reaction to KiwiRail’s decision to discontinue part of the North Rail Link....

Decisions
Mowat and Television New Zealand Ltd - 2004-163
2004-163

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

Decisions
Anderson, the Auckland Jewish Council and Leverton and Television New Zealand Ltd - 2003-028, 2003-029, 2003-030
2003-028–030

ComplaintDNZ World Extra: Palestine Is Still The Issue – documentary – Middle East conflict – Palestinian perspective – unbalanced – inaccurate – unfair Findings Standard 4 – range of significant points of view presented – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] DNZ World Extra: Palestine Is Still The Issue was a special report by John Pilger that examined the Middle East conflict, from a Palestinian perspective. The programme questioned Israeli Government policy and its impact on the Palestinian people. The programme complained about was broadcast on TV One at 8. 40pm on 21 October 2002. [2] George and Eileen Anderson complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced, inaccurate and unfair towards Israelis....

Decisions
Hodge and Television New Zealand Ltd - 2008-084
2008-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Place in Spain – man said “Jesus [bleep] Christ” during an argument – 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] An episode of A Place in Spain was broadcast on TV One at 5pm on Wednesday 11 June 2008. The series followed Lee and Cheryl, a Welsh couple, on their dream of packing up their life in the United Kingdom and starting a snail farm in Spain. [2] At one point in the episode, Lee and Cheryl were shown in their new car having an argument about the directions being given by their satellite navigation system. During the argument, Lee said “Jesus [bleep] Christ” twice....

Decisions
Harrison and Television New Zealand Ltd - 2009-072
2009-072

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Erin Simpson Show – lyrics of song performed by New Zealand band on the show – allegedly in breach of good taste and decency and accuracy standards FindingsStandard 1 (good taste and decency) – lyrics were oblique – teenagers more likely to be watching than young children – acceptable in G programme – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – complainant did not identify any inaccurate statements – not likely to have alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Erin Simpson Show, a programme aimed at teenagers and containing a mixture of interviews, band performances, and information about the latest games, technology, TV and movies, was broadcast at 4. 30pm on TV2 on Tuesday 5 May....

Decisions
Lawton and Television New Zealand Ltd - 2002-192
2002-192

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

Decisions
Anderson and Television New Zealand Ltd - 2005-132
2005-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989Distraction – British comedy quiz show – host referred to one contestant as having “wanked off a dog” – alleged frequent use of the word “fuck” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 9. 30pm on 23 September 2005. During the introductory sequence, the host referred to one contestant as having “wanked off a dog”. Complaint [2] Malcolm Anderson complained to Television New Zealand Ltd, the broadcaster, that the reference to “wanking off a dog” was disgusting, and in breach of good taste and decency....

Decisions
Ministry of Social Development Te Manatu Whakahiato Ora and Television New Zealand Ltd - 2004-067
2004-067

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item about Work and Income computer error leading to disclosure of information about some Work and Income clients, and ramifications for beneficiaries – allegedly sensationalist, unbalanced, inaccurate and unfairFindings Standard 2 (law and order) – subsumed under Standard 6 Standard 4 (balance) – Ministry’s position not adequately presented – upheld Standard 5 (accuracy) – item contained many inaccuracies – upheld Standard 6 (fairness) – item unfair to Ministry and its chief executive – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast {1} An item on One News, broadcast on TV One on 27 November 2003, reported on a computer error made by Work and Income, a division of the Ministry of Social Development, which had caused some information about some Work and Income clients to be sent to other clients....

Decisions
Wrathall and Television New Zealand Ltd - 2010-076
2010-076

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Tagata Pasifika – item about effects of climate change on Tuvalu – allegedly in breach of controversial issues standard FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tagata Pasifika, broadcast on TV One at 7. 30am on Sunday 11 April 2010, investigated the situation on Tuvalu in the Pacific and its people’s experiences with the effects of climate change, primarily rising sea levels causing flooding. Near the beginning of the item, a reporter said: Tuvalu is one of the world’s lowest lying countries. Its highest point is four-and-a-half metres above sea level, making it one of the most vulnerable nations to be affected by climate change. . . ....

Decisions
Davies and Television New Zealand Ltd - 2006-069
2006-069

Complaint under section 8(1)(a) of the Broadcasting Act 1989Top of the Class – boy commented that playing the recorder was “gay” – allegedly encouraged denigration of and discrimination against homosexual peopleFindingsStandard 6 (fairness) and guideline 6g (denigration and discrimination) – boy used the word “gay” to mean “lame” or “stupid” – did not amount to the high level of invective required for a breach of the standard – not upheldThis headnote does not form part of the decision. Broadcast [1] Top of the Class was a reality entertainment programme, broadcast on TV One, in which New Zealand celebrities were paired with 10-year-old look-alikes and vied with each other in various competitions. In an episode broadcast at 7. 30pm on Sunday 11 June 2006, the contestants were learning how to play the recorder. One of the young schoolboys said “recorders is (sic) gay, extremely gay”....

Decisions
Wolf and Television New Zealand Ltd - 2005-010
2005-010

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – footage from British reality series Sex Inspectors included a couple engaged in various sexual acts – allegedly in breach of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification and programme information standardsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning sufficient – not upheld Standards 2–6 and 8 – complaint based on mistake – not relevant – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 14 December 2004 the presenter of Eating Media Lunch on TV2 introduced a segment which was to feature in the following episode. Brief footage from a British reality series called Sex Inspectors was shown, including a couple engaged in various sexual acts....

Decisions
Foster and Television New Zealand Ltd - 2001-063
2001-063

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Decisions
Johnson and Television New Zealand Ltd - 2010-152
2010-152

One News item available for viewing on TVNZ’s website – issue as to Authority’s jurisdiction to consider complaint FindingNot “broadcasting” within the terms of the Broadcasting Act 1989 – no jurisdiction to consider complaint This headnote does not form part of the decision. Broadcasts [1] A One News item, which was broadcast on TV One on 15 May 2010, was subsequently available to be viewed on TVNZ’s website. Complaint [2] Through his solicitor, James Johnson made a complaint about the One News item to Television New Zealand Ltd. He acknowledged that, as more than 20 working days had passed since the television broadcast of that item had occurred, he was unable to make a formal complaint about that broadcast. However, he argued, because the item was still available for viewing on TVNZ’s website his complaint was within the 20 working day timeframe....

Decisions
AP and Television New Zealand Ltd - 2021-153 (9 February 2022)
2021-153

The Authority has not upheld a complaint regarding the language used in a post-match interview on 1 News. The Southland Rugby captain used the phrase ‘shove it up their arse’ in response to a question on what he would say to ‘the detractors’. The Authority found this was low-level coarse language, within audience expectations, and recognised the value of allowing interviewees to express themselves in their own words. Not Upheld: Good Taste and Decency...

Decisions
Dennehy and Television New Zealand Ltd - 2022-054 (21 June 2022)
2022-054

The Authority has declined to determine a complaint under the accuracy standard regarding a broadcaster’s statement that Maria Sharapova won her first ‘grand slam’ at 17 years old. The complaint was that the term ‘grand slam’ consists of winning all four major tennis competitions in a calendar year, a feat which Sharapova has not achieved. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

Decisions
Morrill and Television New Zealand Ltd - 1994-039
1994-039

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 39/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M MORRILL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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