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Decisions
Ministry for Social Development and Television New Zealand Ltd - 2006-076
2006-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

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
McIlroy and Television New Zealand Ltd - 1998-167
1998-167

SummaryThe Sunday movie broadcast at 8. 30pm on TV2 on 20 September 1998 was Desperado. It starred Antonio Banderas and was classified by TVNZ as AO. Ms McIlroy complained to Television New Zealand Ltd, the broadcaster, that the broadcast of a grossly violent movie at that hour breached broadcasting standards. She contended that as the film contained sustained violence and included numerous scenes where people were killed, it breached the requirement to avoid portraying excessive violence. In addition she complained that as the star of the film was popular with young people, they would have been keen to watch it. TVNZ observed first that the film was classified as AO, which clearly indicated to viewers that it was intended for an adult audience. It was also preceded by a warning. Acknowledging that it contained a good deal of violence, TVNZ submitted that most of it verged on being farcical....

Decisions
Lawrence and Television New Zealand Ltd - 2007-132
2007-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989Benidorm – character made a comment about his wife’s vagina looking “like a pair of padded coat hangers” – 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 Benidorm was broadcast on TV One at 9. 30pm on 28 September 2007. The programme was a British comedy set in an all-inclusive package holiday resort inhabited by a range of different characters. Among them was a couple of middle-aged swingers, Donald and Jacqueline, who were prone to scaring people with inappropriate details of their lives....

Decisions
The New Zealand Council of Licensed Firearms Owners Inc and Television New Zealand Ltd - 2006-083
2006-083

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item examining the firearms licensing system and whether it was “too easy to get your licence” – showed hidden camera footage of volunteers taking firearms safety test – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – majority considers item failed to properly explain the place of the firearms safety test within the entire licensing scheme – viewers deprived of a significant perspective on whether it was too easy to obtain a firearms licence in New Zealand – majority uphold Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – item did not denigrate or treat MSC instructors unfairly – licensed firearms-holders not a “section of the community” as envisaged by the guideline – not upheld No Order This headnote does not form part of the decision....

Decisions
Mainwaring and Television New Zealand Ltd - 1998-019
1998-019

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-019 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAY MAINWARING of Rangiora Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
New Zealand Mussel Industry Council Ltd and Television New Zealand Ltd - 2004-157
2004-157

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item about two young New Zealanders who won prizes in an essay competition on issues of public concern – one essay about the impact of mussel farming on the marine environment – allegedly unbalanced FindingsStandard 4 (balance) – essay competition was the item’s focus, not mussel industry – not upheld Standard 5 (accuracy) – opinions not facts about mussel industry advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Two young New Zealand conservationists who had won prices in an essay competition were interviewed in One News broadcast on TV One beginning at 6. 00pm on 18 July 2004. One had written an essay on the impact of mussel farming on the marine environment, focusing on the Marlborough Sounds....

Decisions
Turner and Television New Zealand Ltd - 2004-188
2004-188

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – repeat screening of an episode showing a family who had been apprehended by Fisheries Officers for infringing the fishing regulations – allegedly breached the privacy of the familyFindings Standard 3 (privacy) and Guideline 3a – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat broadcast of an episode of Coastwatch screened on TV One at 1pm on 3 October 2004. Coastwatch is a reality series which follows the activities of various law enforcement officers who patrol the coastline. The original episode had screened at 8pm on 15 March 2004. [2] The broadcast showed a family who had been apprehended by Fisheries Officers for taking more cockles from the beach than permitted by law....

Decisions
Kuten and Television New Zealand Ltd - 2003-066
2003-066

ComplaintSome of my best friends are … Muslims – Muslims, Christians and "zsh" described favourably as religions – "zsh" apparently "Jewish" but allegedly censored – excision breached standards of balance, accuracy and fairness FindingsStandard 4; Standard 5; Standard 6 – no evidence of any censorship in programme designed to promote tolerance – no uphold This headnote does not form part of the decision. Summary [1] The comments made by a Muslim woman were indistinct when she was promoting understanding between Muslims, Christians and a third religious group – possibly Jews. The incident occurred in the programme, Some of my best friends are… which looks at minority groups in New Zealand. Muslims was the group featured in the programme broadcast on TV One at 7. 00pm on 29 March 2003....

Decisions
Yeats and Television New Zealand Ltd - 2000-117
2000-117

Complaint60 Minutes – decriminalisation of prostitution – unbalanced – partialFindingsStandard G6 – s. 4(1)(d) – balance achieved within the period of current interest – no uphold This headnote does not form part of the decision. Summary The proposal to introduce legislation to decriminalise prostitution was the subject of an item on 60 Minutes which was broadcast on TV One on 21 May 2000 at 7. 30pm. The report examined how decriminalisation had worked in New South Wales, where prostitution had been legalised for some time. Stephen Yeats complained to Television New Zealand Ltd, the broadcaster, that the broadcast was unbalanced because no views which opposed the proposal were heard. As he received no response to his complaint, he referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Cooper and Television New Zealand Ltd - 2010-018
2010-018

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Mother – movie contained coarse language and sex scenes – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called The Mother was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 29 November 2009. The movie contained coarse language including the words “fuck”, “shit” and “cock”, as well as three sex scenes. [2] The first sex scene involved a man and a woman lying next to each other in bed. The man was performing a sex act on the woman, but they were covered up to their shoulders in blankets and no nudity was visible....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2003-168
2003-168

ComplaintOne News – item about death of Charles Bronson – obituary included film clips – unsuitable for children at that hour – violent FindingsStandard 9 – context – no uphold Standard 10 – care and discretion exercised – no uphold This headnote does not form part of the decision. Summary [1] The death of actor Charles Bronson was the subject of an item broadcast on One News, beginning at 6. 00pm on 1 September 2003. During the item, brief clips from some of the films in which the actor had appeared in were shown, including a scene where one character is shot by another. [2] Viewers for Television Excellence Inc (VOTE) complained to Television New Zealand Ltd, the broadcaster, that it was unacceptable to broadcast such a violent item during the news hour, and that the item was unsuitable for children....

Decisions
Delahunt and Television New Zealand Ltd - 2004-048
2004-048

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item describing shooting down in Iraq of US military helicopter by “enemy fire” – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – balance provided in period of current interest – not upheld Standard 5 (accuracy) – not inaccurate in this context – not upheld This headnote does not form part of the decision. Broadcast [1] An item which described the shooting down in Iraq of a US military helicopter by “enemy fire” was broadcast on One News on 3 January 2004 at 6. 00pm. Complaint [2] Simon Delahunt complained to Television New Zealand Ltd, the broadcaster, that describing Iraqis as the “enemy” was unbalanced and inaccurate. In his view, the use of this: … subjective, generic term forg[ed] an identification between the New Zealand viewer and the occupier of Iraq....

Decisions
Tucker and Television New Zealand Ltd - 2010-095
2010-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30– item on two New Zealanders who assisted with oil spill clean-up in the Gulf of Mexico – stated that the pair thought that New Zealand maritime authorities would be well equipped to deal with a spill of the same scale on New Zealand shores – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – not a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – news reporter’s comment clearly conveyed technicians’ opinion – item not inaccurate or misleading – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4....

Decisions
Meiklejohn and Television New Zealand Ltd - 2000-066
2000-066

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

Decisions
Nesdale and Television New Zealand Ltd - 2001-112
2001-112

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – assessment of context required by standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits bordered on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 5 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Grant Nesdale complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He argued that television should "upgrade" values, rather than denigrate them. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It also said that television’s role was to reflect society’s values....

Decisions
Insley & Soryl and Television New Zealand Ltd - 2015-028
2015-028

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Decisions
Monasterio and Television New Zealand Ltd - 2015-078 (1 March 2016)
2015-078

Summary[This summary does not form part of the decision. ]On an episode of Seven Sharp, the hosts discussed the Trans-Pacific Partnership (TPP) and interviewed a law professor. The professor explained the contrast between the dispute resolution mechanisms of the TPP and those of the World Trade Organisation (WTO). After the interview, one host asked the other, ‘So these foreign countries could potentially hold the government for ransom down the track? Surely it goes both ways; surely we’ll have some control’. The other host replied, ‘Of course it does. Who did we take to the WTO? We’ve taken a number of countries to the WTO. . . ’ The Authority did not uphold a complaint that this was misleading in that it suggested that TPP disputes would go through a similar process as the WTO, when in fact this was not the case for investor-state disputes....

Decisions
Curtis and Television New Zealand Ltd - 2014-124
2014-124

Summary [This summary does not form part of the decision. ]During the National Party's closing address, footage was shown of Prime Minister John Key with US President Barack Obama and the Queen. The Authority declined to determine the complaint that the use of this footage was illegal and breached standards, on the basis the complaint was trivial and did not raise any broadcasting standards issues in the context of a political broadcast carrying high public interest. Declined to determine: Election Programmes Subject to Other CodesIntroduction[1] During the National Party's closing address the night before the 2014 general election, brief footage was shown of Prime Minister John Key with United States President Barack Obama and Queen Elizabeth II. [2] Steve Curtis lodged an election programme complaint directly with the Authority, under Standard E1 of the Election Programmes Code (election programmes subject to other Codes)....

Decisions
Lockyer and Television New Zealand Ltd - 2012-089
2012-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989MasterChef New Zealand – contestants used the words “crapping” and “pissed off” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – language was low-level and would not have offended most viewers in the context of a PGR programme – not upheld This headnote does not form part of the decision. Introduction [1] During the final episode of MasterChef New Zealand, references to “crapping myself” and “crapping yourself” were made by one of the contestants and one of the judges, and another contestant said she was “pissed off with [herself]” for forgetting important ingredients. The episode was broadcast at 7. 30pm on TV One on 12 June 2012. [2] Janet Lockyer made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging that the language was offensive and unacceptable....

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