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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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-103 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IVAN A HANSEN of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item discussed the assault on convicted murderer William Bell by fellow prison inmates – presenter made a statement regarding the assault – allegedly in breach of good taste and decency, law and order and fairness Findings Standard 1 (good taste and decency) – contextual factors – host’s statement was sarcastic – made clear to viewers that neither host supported violence against prisoners – 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 6 (fairness) – people referred to were treated fairly – not upheld This headnote does not form part of the decision....

An appeal against this decision was dismissed in the High Court: CIV 2003-485-2658 PDF1. 96 MBComplaintOne News – item about children kidnapped by "Lord’s Resistance Army" in Uganda – raped – tortured – forced to murder – unsuitable for children at that hourFindingsStandard 9 and Guidelines 9a, 9c and 9e – majority – children treated badly – upholdStandard 10 and Guideline 10g – majority – warning necessary in view of violent, disturbing and alarming material – upholdNo OrderThis headnote does not form part of the decision. Summary[1] The brutality suffered by the children kidnapped by the self-styled Lord’s Resistance Army in Uganda was dealt with in an item broadcast on One News, beginning at 6. 00pm on Saturday 5 July 2003. It was reported that as many as 20,000 children had been kidnapped over a period of 17 years and had been tortured, mutilated, raped or forced to kill....

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....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989Sunday – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfair Findings Standard 3 (privacy) – no identification of current owner of house – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday reported on allegations of possible improper behaviour by the police, and a cover up in relation to accusations of rape by Louise Nicholas against three policemen. It was broadcast on TV One on 21 March at 7. 30pm. [2] The item included shots of the former police house where the rapes were alleged to have occurred. A car was shown in the driveway of the house....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Complaint60 Minutes – sex tourist trade in Thailand – breasts exposed – offensive behaviour – unsuitable for children FindingsStandard G2 – not unsuitable in context – no uphold Standard G12 – warning sufficed to comply – no uphold This headnote does not form part of the decision. Summary A 60 Minutes item broadcast on TV One on 12 November 2000 beginning at 7. 30pm examined the exploitation of young women in the sex industry in Thailand. It examined the attitudes of a group of Australian men who went to Thailand for sex holidays. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that a scene where a young woman exposed her breasts was offensive and inappropriate for broadcast at a time when children were likely to be watching television. He also complained about some night club scenes where women were seen "gyrating"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that emails between employees were crucial evidence in the prosecution case of the founder of a failed finance company – six email addresses were shown on screen – allegedly in breach of privacy Findings Standard 3 (privacy) – no identifiable individuals linked to email addresses – 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 9 August 2008, reported that “a series of emails between Bridgecorp employees has become crucial evidence in the prosecution case against the finance company’s founder”. Bridgecorp’s former executive directors had allegedly raised millions of dollars from investors knowing that the company was in default....

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....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy....

Summary A documentary about cigarette smoking in New Zealand called "Up in Smoke" was broadcast on Assignment on TV One, between 8. 30pm and 9. 30pm on 23 September 1999. The Tobacco Institute of New Zealand Limited ("Tobacco Institute") complained to Television New Zealand Ltd, the broadcaster, that the programme was inaccurate, unfair and unbalanced in numerous ways. The Tobacco Institute also complained that the programme portrayed tobacco company executives and Maori women in a way which was likely to encourage discrimination against them. TVNZ responded that the programme was not unbalanced or unfair to the tobacco industry. In its view, the programme surveyed a broad range of relevant views about smoking, and included a tobacco industry perspective. TVNZ also disagreed that it had breached broadcasting standards relating to discrimination. TVNZ declined to uphold any aspect of the complaint....

Download a PDF of Decision No. 1991-032:Holt and Television New Zealand Ltd - 1991-032 PDF770. 19 KB...

Summary [This summary does not form part of the decision. ]The opening title sequence of an episode of Neighbours at War showed a brief image of the complainant looking at the camera and giving the finger. The Authority upheld the complaint that this breached the complainant’s privacy. The footage of his private property had been filmed more than eight years earlier, and the complainant had made it clear he wanted no involvement in the programme. Despite repeated objections, his image continued to appear in the opening titles of series four of the programme. Upheld: PrivacyOrder: Section 13(1)(d) – costs to the complainant for breach of privacy $1,000Introduction[1] The opening title sequence of an episode of Neighbours at War showed a brief image of a man looking at the camera and giving the finger. The episode was broadcast on 5 December 2013 on TV2....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Embarrassing Bodies – episode focusing on vaginas broadcast at 8. 30pm – close-up shots of women’s vaginas and surgical operations – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – programme had educational value – clear pre-broadcast warning for nudity and medical scenes – nudity was non-sexual and matter-of-fact – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and preceded by adequate warning – not upheld Standard 9 (children’s interests) – clear warning and signposting of likely content gave parents an opportunity to exercise discretion – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989North – host used the phrase “buggered it” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – tenth occasion that the complainant has complained about the word “bugger” – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During an episode of North, broadcast on TV One at 7pm on Sunday 27 March 2011, the presenter took a boat trip to Kawau Island. Speaking to the boat’s captain about the history of the island, the presenter said, “I’ve never understood Kawau. It’s always seemed to me that [Governor Sir George Grey] buggered it, you know? All sorts of animals and plants. . ....

Summary [This summary does not form part of the decision. ]An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The Authority declined to uphold the complaint that the item 'focused exclusively on women as victims and men as perpetrators of domestic violence', which showed a lack of balance and denigrated men. References to 'men' and 'women' did not amount to a 'discussion of gender' requiring the presentation of alternative views, as alleged by the complainant. Not Upheld: Controversial Issues, Discrimination and DenigrationIntroduction[1] An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The item contained an interview with the Minister of Justice and a panel discussion with a political scientist, a lawyer and a communications consultant....

Download a PDF of Decision No. 1992-039:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-039230. 45 KB...

ComplaintOne News – offensive language – horse named Bugger me – unsuitable for children FindingsStandard G2 – newsworthy – not gratuitous – no upholdStandard G12 – no uphold This headnote does not form part of the decision. Summary A news item broadcast on One News on TV One at 6. 00pm on 21 February 2000 described the controversy in the harness racing industry which had arisen over a horse named "Bugger Me". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive and its use on television had a detrimental effect on children and society in general. TVNZ responded that in the context of a news item reporting on a controversial matter, the use of the word bugger did not breach broadcasting standards....