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Decisions
Benson-Pope and Television New Zealand Ltd - 2006-023
2006-023

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reported allegations that during his time as a teacher, Cabinet Minister David Benson-Pope was “sleazy” and made female students stand outside in their nighties as punishment at a school camp – included comments from Mr Benson-Pope – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue of public importance whether Mr Benson-Pope had acted inappropriately towards female students during his time as a teacher – significant perspectives were aired during period of current interest – not upheld Standard 5 (accuracy) – no inaccuracies or misleading impressions – not upheld Standard 6 (fairness) – door-stepping interview not unfair – reporter entitled to approach Cabinet Minister – overall Mr Benson-Pope treated fairly – not upheldThis headnote does not form part of the decision....

Decisions
Chief Ombudsman (Sir Brian Elwood) and Television New Zealand Ltd - 2001-216
2001-216

ComplaintOne News – interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of ombudsman’s decision contrary to agreement before interview – unfair – distortion Interlocutory Decision 2001-ID001 – order to TVNZ to supply field tape to the Authority Interlocutory Decision 2001-ID002 – order to supply field tape to the complainant FindingsStandards G4 and G19 – item explained issue dealt with in Chief Ombudsman’s ruling – extract did not distort Chief Ombudsman’s comments – Chief Ombudsman not dealt with unfairly – no uphold Standard G1 – item’s introduction inaccurate – upholdNo Order This headnote does not form part of the decision. Summary A ruling by the Ombudsman that a person seeking a taxpayer-funded sex-change operation had been treated unfairly by the health bureaucracy was dealt with in an item on One News, broadcast on TV One between 6. 00–7....

Decisions
NZ Timber Preservation Council Inc and Television New Zealand Ltd - 2010-032
2010-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Is Your House Killing You? – featured family in Queensland – father had used a substantial amount of timber treated with Copper Chrome Arsenate (CCA) for landscaping and decking – programme stated that exposure to the chemicals in CCA-treated timber could cause serious health effects – allegedly in breach of controversial issues and accuracy standards FindingsStandard 5 (accuracy) – broadcaster made reasonable efforts by relying on scientific experts – mostly expert opinion – not upheld Standard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Is Your House Killing You? was broadcast on TV One at 8pm on Friday 11 December 2009....

Decisions
Commissioner for Children and 7 Others and Television New Zealand Ltd - 1999-093–1999-101
1999-093–101

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

Decisions
Bracey and Television New Zealand Ltd - 1999-216
1999-216

Summary Mr Mark Middleton, stepfather of a murdered 13 year-old girl, publicly threatened to kill the murderer should he be granted release from prison on parole. Because of this threat, the Children, Young Persons and Their Families Agency (CYPFA) removed a foster child whom he had been looking after for three years. In an item on Holmes broadcast on TV One at 7. 00pm on 27 August 1999, Mr Middleton was interviewed about CYPFA’s actions. CYPFA's position was advanced in the interview by Hon Roger McClay, Commissioner for Children. Mr Bracey complained to Television New Zealand Ltd, the broadcaster, that the item breached broadcasting standards as it failed to respect the principles of law, and was unbalanced....

Decisions
Martin and Television New Zealand Ltd - 2009-060
2009-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made remarks about his dislike for campervans and the people who use them – allegedly in breach of good taste and decency, accuracy and fairness standards Findings Standard 1 (good taste and decency) – comments intended to be humorous – contextual factors – not upheld Standard 5 (accuracy) – host's comments were personal opinion not points of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation taking part or referred to in the programme – campervan owners not a section of the community to which guideline 6g applies – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Decisions
Gray and Television New Zealand Ltd - 1996-172
1996-172

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-172 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GEORGE W GRAY of Maungaturoto Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
D and Television New Zealand Ltd - 1997-058
1997-058

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-058 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT D of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Barker and Television New Zealand Ltd - 1998-172
1998-172

Summary Storylines which ran through five episodes of Shortland Street broadcast at 7. 00pm during the week 31 August to 4 September 1998, concerned the intimate relationships of three sets of characters. The first storyline featured the relationship between a 17 year old female and a 28 old male, the second portrayed a male character who was painting a nude portrait of his partner, and the third concerned a male character who manipulated a young woman with whom he wished to have sex. Ms Barker complained to Television New Zealand Ltd, the broadcaster, that the storylines were offensive because they portrayed sex outside marriage as acceptable, and failed to examine the damaging consequences of such behaviour. She considered that the programmes’ PGR classification and 7. 00pm timeslot were inappropriate, as many younger children could still be viewing at that time....

Decisions
Group Against Liquor Advertising and Television New Zealand Ltd - 1996-074
1996-074

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-074 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA (Group Against Liquor Advertising) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Antrobus and Television New Zealand Ltd - 2012-015
2012-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Bad Santa – promo screened during family Christmas movie The Santa Clause 2 – contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield – “Bad Santa” told child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa he replied “No, it was her sister” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 9 (children’s interests) – sexual references were implied and would have gone over the heads of younger viewers – promo was correctly rated PGR and did not contain any material which warranted a higher classification of AO – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – most viewers would not have been offended by the promo when broadcast in this…...

Decisions
Charley and Television New Zealand Ltd - 2012-073
2012-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Media 7 – included interview with investigative journalist and foreign correspondent – made comments that were critical of a reporter and her story which was broadcast on Australian current affairs show Dateline – allegedly in breach of standards relating to fairness and accuracy FindingsStandard 6 (fairness) – Media 7 is a programme with very high value in terms of freedom of expression – the ability to analyse, review and critique media is essential to the functioning of a healthy democracy – the Dateline item was ambiguous in terms of its presentation of eye witnesses – the important principle of freedom of speech that public officials are open to criticism in their professional capacity applies equally to journalists, particularly as they are familiar with how media operate – criticisms overall were aimed at Ms Hakim in her professional, as opposed to personal, capacity –…...

Decisions
Lowe and Television New Zealand Ltd - 2003-040
2003-040

ComplaintPromo for Always Greener – bare buttocks masked by a "smiley face" – indecent – harmful to children FindingsStandard 1 and Guideline 1a – masking device not offensive – no uphold Standard 9 and Guideline 9a – not harmful to child viewers – no uphold This headnote does not form part of the decision Summary [1] A promo for Always Greener was broadcast on TV One at various times on 2 February 2003. A "smiley face" was used to cover the bare buttocks of a male character. [2] John Lowe complained to Television New Zealand Ltd, the broadcaster, that masking the human form in this manner was offensive and harmful to children. [3] In response, TVNZ said the "smiley face" was attached so that the promo could be shown at any time. It declined to uphold the complaint that the masking breached broadcasting standards....

Decisions
Francis and Television New Zealand Ltd - 2004-068
2004-068

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – language – “fuck you” – allegedly offensive – warning requiredFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – warning not necessary – not upheld This headnote does not form part of the decision. Broadcast [1] Spooks is a BBC drama series built around the activities of a fictional counter-terrorism unit attached to MI5. MI5 is the government agency responsible for internal security. In an episode beginning at 9. 30pm broadcast on TV One on 24 February 2004, one character said to another “fuck you”. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that such language was offensive and the programme should have been preceded with a warning. Standards [3] TVNZ assessed the complaint under Standard 1 and Guidelines 1a and 1b of the Free-to-Air Television Code of Broadcasting Practice....

Decisions
Boyce and Television New Zealand Ltd - 2010-102
2010-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and TVNZ News at Eight – news items before documentary The Investigator: The Case Against Robin Bain screened – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – news items stated that Mr Bruce had drawn conclusions about Robin’s alleged motive through examining the testimony of a surprise witness – did not state what his conclusions were – allegedly in breach of accuracy standardOne News Tonight and TVNZ News Now – late-night news items after the documentary screened revealed Mr Bruce’s conclusions about the surprise witness – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – promotion of the documentary and embargo on the details of Mr Bruce’s findings did not result in any of the news items being inaccurate or misleading – not…...

Decisions
Currie and Television New Zealand Ltd - 2000-055
2000-055

Complaint60 Minutes – documentary – youth suicide – mental health – psychosis and depression – drug use – misleading to blame suicide on cannabis – statements from Life Education Trust Director misleading Findings(1) Standard G1 – no inaccuracies – no uphold (2) Standard G6 – no bias or imbalance – story told from family perspective – honest opinions broadcast – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes broadcast by TV One at 7. 30pm on 13 February 2000 concerned the suicide of James Carruthers. The programme was based around the reflections of James’s parents, and the factors they believed had led to his death. Mr Currie complained to Television New Zealand Ltd, the broadcaster, that the programme had misleadingly blamed cannabis use for James’s behaviour and suicide....

Decisions
Wolf and Television New Zealand Ltd - 2005-056
2005-056

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – showed magazine photograph which reported that celebrities Charlotte Dawson and Nicky Watson had moved into a flat together – photograph included women’s Chihuahua dogs – presenter said “Cricket and Harper have recently moved in together” – allegedly offensive, unfair and deceptiveFindingsDecline to determine complaint under s11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10. 00pm on 5 April 2005, referred to an issue of New Zealand Woman’s Weekly featuring a photograph of celebrity flatmates Charlotte Dawson and Nicky Watson, and their pet dogs. The presenter referred to the dogs and said “Cricket and Harper have recently moved in together”. Complaint [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, that the comment was offensive and unfair to the named celebrities....

Decisions
Chaney and Television New Zealand Ltd - 2013-029
2013-029

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....

Decisions
Newborn and Becker and Television New Zealand Ltd - 1993-067, 1993-068
1993-067–068

Download a PDF of Decision No. 1993-067–068:Newborn and Becker and Television New Zealand Ltd - 1993-067–068 PDF (1. 07 MB)...

Decisions
Turver and Television New Zealand Ltd - 2016-032 (25 July 2016)
2016-032

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the upcoming flag referendum and featured an interview with an Australian advocate for changing the flag. The Authority did not uphold a complaint that presenter Mike Hosking ‘encouraged the New Zealand public to vote a certain way by reiterating his own prejudices and then using an Australian broadcaster to support his own views’. While Mr Hosking made his view in support of changing the flag known, the alternative view was adequately presented during the item. Given the widespread coverage of the flag referendum, viewers could also reasonably be expected to be aware of significant perspectives on the issue, and would not have been deceived or disadvantaged as a result of this item. Not Upheld: Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Seven Sharp discussed the upcoming flag referendum....

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