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Walker and Television New Zealand Ltd - 2000-161
2000-161

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

Decisions
Schwabe and Television New Zealand Ltd - 2000-180
2000-180

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....

Decisions
Harrison and Television New Zealand Ltd - 2008-066
2008-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Ugly Betty promo – classified G – contained sexual themes – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – content of promo required a higher classification of PGR – promo should not have screened during a G-rated programme – upheld Standard 9 (children’s interests) – content of promo was more suitable for a mature audience – should not have been broadcast during a G programme children were likely to be watching – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 No Order This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Ugly Betty was broadcast on TV2 at 7....

Decisions
McDonald and Television New Zealand Ltd - 2010-056
2010-056

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – item about washing machine for dogs – at the end of the item the presenter said, “And then you hang them by their front paws on the washing line” – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comment was intended to be humorous – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 11pm on Wednesday 17 March 2010, reported on the invention of a washing machine for dogs in Japan. A dog was shown being washed and then blow-dried in the machine. Following the story, the news reader said, holding up his hands, “And then you hang them by their front paws on the washing line....

Decisions
Grieve and Television New Zealand Ltd - 2009-003
2009-003

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Winston Peters and NZ First had been cleared by the Electoral Commission following allegations they had failed to declare donations – also reported that ACT Leader Rodney Hide had been found by the Commission to have broken the electoral rules by failing to declare rent-free office space – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item reported Electoral Commission’s findings – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – previous media coverage meant most viewers would have known about the $80,000 donation – broadcaster entitled to make editorial decision to focus on that aspect of the Commission’s decision – contrast between decisions about NZ First and ACT was overstated but Rodney Hide’s comments adequately explained the situation – not upheld This headnote does not form part of the decision.…...

Decisions
Bragg and Television New Zealand Ltd - 2009-059
2009-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about how people use public toilets – discussed how the news presenter's mother used to help him go to the toilet when he was a child – talked about suction toilets on trains in America – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – host's comments were light-hearted and intended to be humorous – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6. 30am and 9am on 20 April 2009, the hosts referred to a germ expert who had been interviewed earlier in the programme. This led one of the hosts to talk about the different methods people use to avoid germs in public toilets....

Decisions
WP and Television New Zealand Ltd - 2009-092
2009-092

Complaint under section 8(1A) of the Broadcasting Act 1989One News – footage of interpreter during murder trial – High Court ruled that interpreter’s image was not to be broadcast – allegedly in breach of privacy FindingsStandard 3 (privacy) – disclosure of complainant’s presence at trial would not be considered highly offensive by an objective reasonable person – 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 23 July 2009 reported that the Justice Minister was calling for the repeal of the defence of provocation, following the conclusion of two murder trials. [2] The item included footage of both murder trials. Two brief shots of one of the defendants sitting in the dock were shown, with a woman sitting alongside the dock....

Decisions
Galbraith and Television New Zealand Ltd - 2009-114
2009-114

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item featured a man who had deliberately driven his car into the reception of the IRD’s Christchurch building following an employment dispute – reporter stated that “he describes himself as a paranoid and a depressive” – allegedly in breach of privacy FindingsStandard 3 (privacy) – person’s mental health status normally considered a private fact – interviewee disclosed fact to reporter – no reasonable expectation of privacy – 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 19 August 2009, reported that a man had deliberately driven his car through three glass doors into the reception of the IRD’s offices in Christchurch....

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
Newton and Television New Zealand Ltd - 2009-140
2009-140

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Real Crime: Interview with a Serial Killer – contained part of an interview with a serial killer who stated that he had snapped a woman’s neck – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – promo contained adult themes which would have disturbed and alarmed child viewers – promo incorrectly classified G – broadcaster did not adequately consider the interests of child viewers – upheld OrderSection 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] A promo for the programme Real Crime: Interview with a Serial Killer was broadcast at 5. 25pm on Wednesday 16 September 2009. It was shown in the G (General) timeband, directly after a One News update and just prior to a G-rated programme, Australian MasterChef....

Decisions
Cross and Television New Zealand Ltd - 2008-059
2008-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

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
Bennett and Television New Zealand Ltd - 2008-015
2008-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

Decisions
Oosterbroek and Television New Zealand Ltd - 2008-102
2008-102

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....

Decisions
Samuel and Television New Zealand Ltd - 2008-121
2008-121

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Hotel Babylon – sex scene broadcast one minute after the Adults Only watershed – broadcaster upheld complaint under three standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency), 7 (programme classification) and 9 (children’s interests) – broadcaster upheld complaint under three standards and counselled appraiser – action taken sufficient This headnote does not form part of the decision. Broadcast [1] An episode of Hotel Babylon, a BBC drama following the lives of workers at a five-star hotel, was broadcast on TV One at 8. 30pm on Wednesday 1 October 2008. The programme’s introductory sequence at 8. 31pm included a five-second scene showing a couple having sex. No breasts or genitals were shown, and, although the woman’s naked back could be seen as she straddled a man in bed, her buttocks were covered with a sheet....

Decisions
Sorrell and Television New Zealand Ltd - 2004-194
2004-194

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....

Decisions
Strata Title Administration Ltd and Television New Zealand Ltd - 2004-214
2004-214

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about complaints from spokespersons representing the Bodies Corporate of four residential complexes – all were dissatisfied with Strata Title Administration Limited and its director Michael Chapman-Smith – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – issue essentially one of fairness – not upheld Standard 5 (accuracy) – inaccurate to state that Mr Chapman-Smith had agreed to an interview and then changed his mind – other statements not inaccurate – one aspect upheld Standard 6 (fairness) – overall item was fair – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] An item on Fair Go broadcast on TV One at 7. 30pm on 13 October 2004 examined complaints from spokespersons representing the Bodies Corporate of four residential complexes – Tuscany Towers, Ponsonby Crest, Waterford Apartments and Garden Grove....

Decisions
Osmose New Zealand and Television New Zealand Ltd - 2005-115
2005-115

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about timber treatment T1. 2 or TimberSaver – discussed concerns that the product was defective and putting homes at risk – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – seen overall, item seriously criticised TimberSaver product – no scientific evidence provided to refute criticisms – no evidence provided of quality and suitability of product – unbalanced – upheld Standard 5 (accuracy) – scientist on programme not independent – conflict of interest – contrary to guideline 5e – upheld – other aspects of accuracy complaint not upheld Standard 6 (fairness) – seen overall, item unfair to Osmose – upheldOrdersBroadcast of a statement Payment of legal costs of $5,000 Payment of costs to the Crown $2,000This headnote does not form part of the decision....

Decisions
Osmose New Zealand and Television New Zealand Ltd - 2005-140
2005-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Decisions
Cullen and Television New Zealand Ltd - 2004-142
2004-142

Complaint under section 8(1)(a) of the Broadcasting Act 1989Lead item on One News – investigative report into alleged pornographer in Gisborne – allegedly in breach of good taste and decency FindingsStandard 1 (Good taste and decency) – item was genuinely newsworthy – strong warning given – news by very nature will often deal with distasteful material – content not offensive – images discreet – not upheld This headnote does not form part of the decision. Broadcast [1]The lead item on One News on 1 August 2004 was a report from Television New Zealand’s investigative team concerning an alleged pornographer in Gisborne. The item alleged that the man was involved in procuring under-age girls for sex and the making of pornography, including through the use of stupefying drugs, and that he lured women into pornography by making false promises and statements....