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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-072 Dated the 11th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GERALD SHEEHY of Takapuna Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority did not uphold a complaint alleging an item on 1 News about nurses suffering ‘fatigue and burnout’ breached broadcasting standards. The complainant was concerned for an interviewee’s mental wellbeing and the broadcast’s omission of any interview with the interviewee’s employer or discussion of the employer’s accountability for the situation. The Authority found the balance standard did not apply, as no controversial issue was discussed; the issue of current nurse shortages is a fact. In any event, significant perspectives on the issue were broadcast within the (ongoing) period of current interest. The Authority also found the broadcast was materially accurate and unlikely to mislead viewers. The discrimination and denigration standard also did not apply. Not Upheld: Balance, Accuracy, Discrimination and Denigration...

The Authority did not uphold a complaint that the usage of the word ‘root’ in a Seven Sharp item breached the good taste and decency and children’s interests standards. The Authority took into account the relevant contextual factors including the nature of the discussion, the nature of the programme and the audience expectations of the programme. The Authority did not consider that the use of the word threatened community norms of good taste and decency, or that any potential harm justified restricting the right to freedom of expression. Not Upheld: Good Taste and Decency, Children’s Interests...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

The Authority has upheld a complaint about a broadcast which referred to the owners of the road cycling team ‘Israel Start-up Nation’ as ‘Jewish billionaires’. The complainant submitted the broadcast was offensive and racist as it made an unnecessary connection between money and Jewish people. The Authority found the effect of the broadcast was to embed and reflect harmful stereotypes, albeit unintended. The harm in this instance outweighed the broadcaster’s right to freedom of expression, and therefore the Authority upheld the complaint. Upheld: Discrimination and Denigration No order...

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

The Authority has not upheld a complaint that an episode of The Simpsons breached the good taste and decency, children’s interests and violence standards. Considering the relevant contextual factors, the Authority found the episode was unlikely to cause widespread undue offence or distress, to undermine widely shared community standards or to cause harm to children. The Authority considered the episode did not contain material beyond what viewers could reasonably expect from the programme. The Authority also found the item did not contain any graphic depictions of violence. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

The Authority1 has not upheld a complaint about a 1News item reporting on the Government’s proposed reform of the Retirement Villages Act 2003. The complainant alleged the segment was unbalanced for not explaining changes to payments in connection with the sale of vacated units will only be applied to new retirement village residents, and not current residents. The Authority found the broadcast provided significant perspectives regarding the proposed reform and did not purport to provide a comprehensive examination of the Government’s proposed changes.  In addition, the standard allows for balance to be achieved over time within the period of current interest, and the broadcaster had covered the issue of impacts on existing residents in reports the next morning. Not Upheld: Balance   ...

Warning: This decision contains language that some readers may find offensive. Summary[This summary does not form part of the decision. ]During an episode of the crime thriller series Paula, one of the characters used the phrase ‘Jesus fucking Christ’. The Authority did not uphold a complaint that the use of this phrase in the context of the programme breached the good taste and decency standard. The Authority acknowledged that many people may find this phrase offensive. However, taking into account the nature of the programme, the pre-broadcast warning for frequent use of coarse language, the Adults Only classification, the time of broadcast and audience expectations of the programme, the Authority did not consider the use of the phrase threatened community norms of taste and decency, or justified restricting the right to freedom of expression....

Download a PDF of Interlocutory Decision No. ID1992-002:Dorf and Television New Zealand Ltd - ID1992-002 PDF59. 04 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – instrumental excerpts from the song “Smack My Bitch Up” by Prodigy played in the background during item reporting on violence against women – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – broadcast not unacceptable in context and within broadcaster’s right to freedom of expression – only viewers who knew the song would have recognised it from the instrumental excerpts – use of the instrumental excerpts did not undermine the important message of the segment but drew attention to, and raised awareness of, the issue – rhythm and tone of music fitted segment – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-135–137:Long, Stanley and Singe and Television New Zealand Ltd - 1993-135, 1993-136, 1993-137 PDF1. 87 MB...

Download a PDF of Decision No. 1992-072:Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072 PDF489. 34 KB...

Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – segments concerning police shooting of innocent bystander – allegedly unbalanced Findings Standard 4 (balance) – programme discussed a controversial issue of public importance – views of the police were put forward by interviewees and viewer feedback – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 6. 50am during Breakfast, broadcast on TV One on Monday 26 January 2009, one of the hosts interviewed the New Zealand Police Association President, Greg O’Connor, following a fatal shooting by the Armed Offenders Squad of an innocent man the previous Friday. The host asked Mr O’Connor whether it was reasonable at this time to question the actions of the police officers involved. Mr O’Connor responded: . . . it’s an absolute tragedy and we have got nothing but sympathy for that family. . . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported one woman’s experience with receiving poor quality healthcare from The Palms Medical Centre in Palmerston North – Health and Disability Commissioner upheld her complaint about the centre – item named and showed footage from a previous item of one of the doctors involved – allegedly in breach of privacy, controversial issues, accuracy and fairness FindingsStandard 6 (fairness) – medical centre was told that Kay Shirkey was being interviewed about her experience at The Palms and that the story would be critical of the centre – Dr Saxe was her primary doctor – reporters asked several times to interview someone at the centre – not unfair – not upheld Standard 3 (privacy) – no private facts revealed about Dr Saxe – not upheld Standard 4 (controversial issues – viewpoints) – story focused on Ms Shirkey’s experience with The Palms – no discussion…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-085 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY OF NEW ZEALAND TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...