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Download a PDF of Decision No. 1993-058:Andrews and Television New Zealand Ltd - 1993-058 PDF489. 29 KB...

Download a PDF of Decision No. 1993-138:Leckey and Television New Zealand Ltd - 1993-138 PDF864. 85 KB...

Download a PDF of Decision No. 1993-170:Kent and Television New Zealand Ltd - 1993-170 PDF401. 5 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item on New Zealand fruit exports to Australia – interviewee said “Who is the World Trade Organisation? They are all Pakeha” – allegedly denigratory of PakehaFindingsStandard 6 (fairness) and Guideline 6g (denigration) – comment more expression of frustration at lack of Māori input to finding a solution – not intended to be denigratory of Pakeha – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Te Karere on 24 June at 6am. Te Karere contained an item about the continuing opposition from Australia to New Zealand apple imports. The item included an interview with Mr Maanu Paul, a kiwifruit grower from Whakatane....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

SummaryA nightmare housemoving experience was related by a woman featured in a programme entitled "My House, My Castle" broadcast on TV2 on 19 July 1999 beginning at 8. 00pm. The programme was previewed in the days preceding the broadcast. Michael Bott, on behalf of Brittons Housemovers (Wellington) Ltd, complained to Television New Zealand Ltd, the broadcaster, that footage showing a truck belonging to the company was used to illustrate the "housemoving story from hell". In fact, Brittons Housemovers had had no connection with the move, he wrote. The company cited a number of broadcasting standards which it contended were breached by the programme and the promos. In its response, TVNZ explained that the shots of the housemoving truck were archival shots which had been used to illustrate the story. It maintained that the company could not have been identified from that footage....

Complaint Shortland Street – episodes involving – casual sex (one night stand) – the use of toothpaste to make a child ill – ending an episode with voodoo-inspired fear – adult themes – inappropriate for broadcast to young people at 7. 00pm FindingsStandard G8 – appropriately rated PGR – no uphold Standard G12 – classification evidence of being mindful of children – no uphold This headnote does not form part of the decision. Summary [1] Shortland Street is a long running fictional series broadcast at 7. 00pm on weekdays on TV2. The episode broadcast on 12 August 2001 included a central character having a one-night sexual encounter, the episode on 17 August raised the possibility of giving a child some toothpaste to make her ill to enable the mother to have a break, and on 21 August, an episode concluded with fear inspired by the use of voodoo....

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....

Complaint under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – live televised debate on race relations included panel and studio audience – comments by Derek Fox interpreted as stating that Don Brash (the Leader of the Opposition) has not read the Treaty of Waitangi – allegedly inaccurateFindingsStandard 5 (accuracy) – comment misinterpreted – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The programme was a panel and studio audience discussion, broadcast live, in which the participants discussed race relations issues between Māori and Pākehā in New Zealand....

ComplaintHolmes – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – challenged on decision to abstain – blamed for passage of Bill – held up to ridicule and contempt – unfairFindingsStandard 4 – MP given right to reply to criticism – no uphold Standard 6 – as with Standard 4 – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on Holmes, broadcast on TV One at 7. 00pm on Thursday 26 June, comment was made that the Bill would not have been passed had Mr Ashraf Choudhary MP not abstained. Mr Choudhary was interviewed regarding his abstention....

Summary An excerpt from the performance of the Paul Taylor Dance Company was shown at the conclusion of One Network News broadcast on TV One on 25 November between 6. 00–7. 00pm. Kristian Harang complained to Television New Zealand Ltd that the item, which he said showed naked men, breached acceptable standards of decency and also was offensive to children who might have been watching. TVNZ responded that all of the dancers, both men and women, were wearing patterned tights. It noted that ballet tights were part of the normal attire for both classical and modern dance performances. In the circumstances, it concluded that no standards were relevant. Dissatisfied with TVNZ’s decision, Mr Harang referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on, and interviewed, young Māori activist who expressed his views on the Government’s sale of state assets and mining proposals – presentation of item allegedly in breach of good taste and decency, controversial issues, and discrimination and denigration standardsFindingsStandard 7 (discrimination and denigration) – views expressed by Wikatane Popata represented one end of a political spectrum – his views were described as radical and audience would have understood that they were not representative of all Māori or young Māori – item did not encourage the denigration of, or discrimination against, any section of the community – not upheld Standard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on the Popata brothers and their political views – reporter took “devil’s advocate” approach and programme included viewer feedback – not upheld Standard 1…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Piha Rescue – episodes showed rescues involving unidentified surf schools at Piha – showed confrontation between an unidentifiable surfing instructor and lifeguards when lifeguards attempted to rescue students and instructor resisted – allegedly in breach of fairness and accuracy standards FindingsStandard 6 (fairness) – no surf school was named in 12 March episode and the narrator referred to surf schools in a general way only – Piha surf schools not treated unfairly – the Piha community and surf coaching industry are not “organisations” for the purposes of the fairness standard – 12 March episode not unfair – 19 March episode captured events accurately and fairly and footage not unfairly edited – viewers were left to make up their own minds about the incident – Mr Wallis was not identifiable – Mr Wallis’ perspective was clear from his comments that were included in the…...

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – use of the word “shit” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – presenter used the word “shit” as an expression of his pain and frustration – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During Fair Go, broadcast on TV One at 7. 30pm on 23 March 2011, one of the presenters discussed his frustration with attempting to assemble a “spring-free” trampoline. Having nearly finished putting the trampoline together, the presenter discovered that he had inserted the rods under the trampoline into the wrong holes. He remarked, “So we have to undo all those? Shit. ” He went on to say, “Getting them out is almost worse than getting them in, and more hazardous....

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on education programme established to prevent youth suicide and self harm – included footage of students – allegedly in breach of privacy FindingsStandard 3 (privacy) – students, teachers and parents identifiable but no private facts disclosed in broadcast and filming was in a public place – those shown not particularly vulnerable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on Friday 26 November at 6. 25pm, reported on the establishment of an education programme in a South Auckland community aimed at preventing youth suicide and self-harm. The news reader introduced the item by stating that “Kaumatua gathered to bless a South Auckland school after a number of teen deaths in the area. One is related to a circulating text message promoting self-harm”....

Download a PDF of Decision No. 1993-044:Hansen and Television New Zealand Ltd - 1993-044 PDF347. 71 KB...