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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-031 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON McKAY of Howick Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The INCIS police contract cancellation by IBM was the subject of a talkback/voteline segment on Good Morning, broadcast on TV One between 10. 00am and 12. 00pm on 11 August 1999. Mr McLean complained to Television New Zealand Ltd, the broadcaster, that there had been a lack of balance in the treatment of the issue in both a trailer for Good Morning, and in the programme itself. TVNZ upheld part of the complaint. It acknowledged that the treatment of the issue on the programme was unbalanced because it had not included an alternative view to that of the presenter. It advised that it had reviewed Good Morning’s approach to political issues as a consequence. Mr McLean contended that TVNZ’s action in response to the upheld complaint was inadequate. In his view, TVNZ should have broadcast a statement about its standards breach....

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on search for missing sailor – report stated that air force had covered an area of around 360,000 kilometres – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Monday 29 March 2010, reported on a missing sailor whose boat had been found off the Chatham Islands – the man was still missing, but his dog was found alive on board the boat. [2] During the item, the reporter stated that a “helicopter and Airforce Orion covered an area of around 360,000 kilometres from Gisborne to the East Cape”....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – host read out viewer feedback and made comments about a female guest's appearance – allegedly in breach of good taste and decency and fairness standards – broadcaster upheld fairness complaint, apologised to complainant and spoke to host and senior staff of Breakfast – action taken allegedly insufficient Findings Standard 6 (fairness) – action taken sufficient – breach of standards handled appropriately by the broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6. 30am and 9am on 25 March 2009, a Greenpeace representative was invited onto the programme to discuss the issue of compensation for the health effects of nuclear testing. [2] Following the interview, in a viewer feedback segment at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on the manuka honey industry – investigated claims that some manuka honey producers were misleading consumers by putting false information on their labels – allegedly in breach of controversial issues standard Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on Wednesday 5 August 2009, investigated whether claims made on manuka honey labels could be backed up by tests. The presenter introduced the item by saying: They call it liquid gold. It’s one of our fastest export success stories, but tonight we rip the lid off an industry rife with false claims, with deceit....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday and One News – reported on a police drugs bust involving former Australian swimmer Scott Miller – Charlotte Dawson mentioned as being his ex-wife – one item included wedding photos of Ms Dawson and Mr Miller – allegedly in breach of law and order, balance, accuracy and fairness Findings Standard 2 (law and order) – items did not encourage viewers to break the law or otherwise condone, promote or glamorise criminal activity – not upheld Standard 4 (balance) – items did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – items were accurate on points of fact – not upheld Standard 6 (fairness) – Ms Dawson was treated fairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – item discussed controversial issue of public importance because it dealt with the actions of government department charged with the care of vulnerable children – TVNZ not required to detail nature of more serious allegations – not required to give further information about CYFS’ standard processes – item omitted critical information about evidential interviews of children – left viewers without a clear understanding of the reasons behind CYFS’ actions – upheld Standard 5 (accuracy) – item…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting on an iceberg close to colliding with an ice-shelf in Antarctica – size of the iceberg incorrectly reported as 2000 cubic metres, rather than kilometres – broadcaster upheld breach of Standard 5 but declined to broadcast a correction – complainant dissatisfied with action takenFindings Standard 5 (accuracy) – minor error – other descriptions in the item clarified magnitude of iceberg – action taken by broadcaster sufficient – future similar referrals by complainant potentially vexatious. This headnote does not form part of the decision. Broadcast [1] An item broadcast on One News at 6pm on 14 January 2005 reported that a huge iceberg was close to colliding with the ice-shelf on the coast of Antarctica. The item reported that the iceberg contained 2000 cubic metres of water....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about massacre of about 80 people in northern Kenya including 22 children – allegedly unnecessarily graphic and excessively violent, and breached children’s interestsFindingsStandard 9 and guidelines 9a, 9e, and 9f (children’s interests) – introduction provided signpost and themes handled with discretion – not upheld Standard 10 and guideline 10g (violence) – discretion shown to exclude graphic material – not upheldThis headnote does not form part of the decision. Broadcast [1] A massacre in northern Kenya in which about 80 people were killed, including 22 children, was covered in a news item broadcast on One News on TV One beginning at 6. 00pm on 16 July 2005. Complaint [2] On behalf of Viewers for Television Excellence Inc....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

ComplaintOne News – item reporting preliminary hearing of private prosecution of Constable A for murder – report of evidence of prosecution witness – unbalanced – biased – broadcaster’s response to complainant assumed his sympathy for Constable A – complainant argues that assumption influenced determination FindingsStandard 4 – coverage of trial ongoing – day’s coverage balanced – no uphold Standard 6 and guideline 6a – one day’s evidence reported fairly – no uphold This headnote does not form part of the decision. Summary [1] The evidence given by a prosecution witness about events he had seen in Waitara on the morning of the shooting of Steven Wallace was dealt with in a news item which reported the second day of the private murder prosecution of Constable A. The item was included on One News broadcast on TV One on 22 January 2002 between 6. 00–7. 00pm....

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"....

ComplaintOne News – offensive language – film title – 'shagged' FindingsStandard G2 – decline to determineCross ReferencesDecision No: 1999-163 and No: 2000-056 This headnote does not form part of the decision. Summary An actor from the film "Austin Powers – The Spy who Shagged me" was interviewed on Holmes on 9 February 2000 between 7. 00–7. 30pm. The item included audio and video clips from the film and the word "shagged" appeared in a graphic containing the film’s title. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an "offensive, aggressive, macho anti-woman term" and should not have been promoted in an item which was "irresistible to all members of the family, including impressionable children"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hooked in New Zealand – host and other competitors in a fishing competition shown drinking beer and shots of sambuca – allegedly in breach of law and order and liquor standards FindingsStandard 11 (liquor) – programme contained liquor promotion but it was not socially irresponsible – not upheld Standard 2 (law and order) – programme did not glamorise, promote or condone illegal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Hooked in New Zealand, a locally made fishing programme, was broadcast on TV One at 1. 30pm on Sunday 13 February 2011. In this episode, the host and his friend entered the “Cleanco Classic” 24-hour fishing competition on Great Barrier Island. As the contestants gathered for the fishing competition, a number of the other fishermen were shown holding bottles of beer....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rugby World Cup Semi-Final: France v Wales – commentator used the word “Jesus” with reference to Wales being given a penalty kick – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 1 (good taste and decency) – “Jesus” used as exclamation and spontaneous reaction during a live sports programme – not used in derogatory or abusive manner – contextual factors – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During the Rugby World Cup Semi-Final between France and Wales, broadcast on TV One at 8....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....

Download a PDF of Decision No. 1993-096–097:Sharp and Leonard-Taylor and Television New Zealand Ltd - 1993-096, 1993-097987. 7 KB...