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Download a PDF of Decision No. 1993-054:Harang and Television New Zealand Ltd - 1993-054 PDF314. 43 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-074 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by E A HAWKER of Piha Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Real Crime: Interview with a Serial Killer – contained part of an interview with a serial killer who stated that he had snapped a woman’s neck – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – promo contained adult themes which would have disturbed and alarmed child viewers – promo incorrectly classified G – broadcaster did not adequately consider the interests of child viewers – upheld OrderSection 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] A promo for the programme Real Crime: Interview with a Serial Killer was broadcast at 5. 25pm on Wednesday 16 September 2009. It was shown in the G (General) timeband, directly after a One News update and just prior to a G-rated programme, Australian MasterChef....

The Authority has not upheld a complaint that two 1News segments on the Israel and Hamas war breached the promotion of illegal or antisocial behaviour standard. The segments included images of covered bodies, as well as clips of Hamas militants. The Authority found the segments to be straightforward news reports. It did not consider the segments encouraged viewers to break the law or promoted illegal or criminal activity. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

The Authority has not upheld a complaint that a TVNZ news report concerning an Israeli military operation in the Occupied West Bank breached the balance and accuracy standards. The Authority found the balance standard was not breached as the requirement to present additional perspectives is reduced for programmes narrowly focused on one aspect of a larger complex matter, and the audience could reasonably be expected to be aware of significant context and viewpoints from other media coverage.  While noting the balance standard is not directed at bias, the Authority also identified no bias in the language used in the broadcast. The Authority also found reasonable viewers were unlikely to be misled by the content, language used or absence of further context. Not Upheld: Balance and Accuracy...

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

Complaints under section 8(1)(c) of the Broadcasting Act 1989Holmes – item about person flying New Zealand flag at home in dispute with neighbours – complainants who are neighbours named and their home shown – complainants have long history of community service – private facts disclosed – alleged breach of privacy Findings Standard 3 (Privacy) Privacy Principles (i), (iii), (iv), and (v) – dispute about flag had been heard in the District Court – accordingly not private – not upheld This headnote does not form part of the decision. Broadcast [1] A dispute between Mr Brian McGinty of Orewa and his neighbours, including Sir Ross and Lady Jansen, was dealt with in an item broadcast on Holmes on TV One on 18 March 2004 beginning at 7. 00pm. The dispute was about Mr McGinty’s neighbours objecting to his desire to fly a New Zealand flag on his property....

ComplaintThe Book Group – drama – male sex scene – offensive FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The Book Group is a series about a group of people who regularly meet to discuss books, and is described by the broadcaster as a “quirky and unpredictable drama”. An episode broadcast on 24 September 2003 at 10. 05pm on TV One included a scene of two men having sex. [2] Michael Beedell complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and “inappropriate for public viewing”. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Beedell referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(c) of the Broadcasting Act 1989Sunday – item about marketing 42 Below vodka in the American market – featured interview with gay bar owner – allegedly in breach of privacyFindingsStandard 3 (privacy) – no private facts revealed – consent given for interview – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Sunday on TV One at 7. 30pm on 12 June 2005 featured a marketing manager, James Dale, who had been appointed to promote a New Zealand vodka called 42 Below in the American market. [2] The item included an interview with the owner of a gay bar, John Libonati, who had sent Mr Dale an email condemning the disparaging comments Mr Dale had made about gay culture. Mr Libonati said that he had received a reply from James Dale which had included a number of insults....

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Following the issue of this decision, the Authority received new information from a third party refuting certain allegations made by the complainant about, and descriptions of, the dairy farm referred to in the decision owned by 'B'. The Authority wishes to note that the descriptions of the farm owned by B used in this decision have been disputed. Summary[This summary does not form part of the decision. ]An episode of Sunday, titled ‘The Price of Milk’, followed a reporter as he visited two dairy farms in the Hauraki Plains. The reporter spent time with two farmers, A and B, to hear their perspectives on their work and the issues facing the industry, such as the impact of dairy farming on New Zealand waterways, abuse of bobby calves and financial struggles....

Summary[This summary does not form part of the decision. ]The first two episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9. 45pm on Friday 27 October 2017, and 9. 30pm on Friday 3 November 2017. The essence of the programme is that a clothed individual selects a date from six naked individuals, who are gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Thirteen complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted the programme was broadcast at a time on a weekend night when children were likely to be watching....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an episode of Breakfast, in which the hosts and viewer feedback discussed people stealing at supermarket self-service checkouts by putting in the wrong code for items they are purchasing. The Authority found the programme did not actively encourage viewers to steal or break the law in breach of the law and order standard. Across the programme as a whole, the hosts and viewers offered a range of views on the ethics of stealing at self-checkouts, including strong views against such behaviour, and clearly acknowledged it was ‘theft’ and illegal. The tone of the discussion was consistent with audience expectations of Breakfast and its hosts, and would not have unduly offended or distressed viewers, so the good taste and decency standard was also not breached....

Summary[This summary does not form part of the decision. ]An item on ONE News discussed further charges laid against a man accused of a double shooting in South Auckland. During the item, images of the crime scene were shown, including footage of blood on a pavement. The Authority did not uphold a complaint alleging that the footage of blood breached the privacy of those involved (ie, the surviving victim and the victims’ relatives or friends), and that the footage would have disturbed young viewers. No individuals were identified during the broadcast, including the surviving victim or either of the victims’ relatives or friends. In addition, the image of blood was brief and was not graphic or explicit, and viewers could reasonably expect that a news broadcast reporting on a double shooting might contain some footage relating to the crime....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]An item on 1 News reported on the Labour Party’s ‘Ready for Work’ policy, which offered unemployed young people employment on the minimum wage in environmental and community projects for six months. The item reported that, according to Labour, the scheme would cost $60 million per year for 10,000 participants. However, the $60-million sum was actually ‘based on participants taking up the scheme for just four months, not the promised six’. The Authority did not uphold a complaint that the item was based on inaccurate and unsubstantiated conclusions made by the reporter featured in the item, which was misleading and damaged the credibility of the Labour Party....

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…...

Complaint Marae – live broadcast of Aotearoa Traditional Performing Arts Festival – haka – whakapohane – nudity – buttocks – testicles – offensive behaviour FindingsStandard G2 – brief – indistinct – modified version of traditional Maori challenge – no uphold This headnote does not form part of the decision. Summary A special edition of Marae which was broadcast live from the "Aotearoa Traditional Performing Arts Festival" screened on TV One from 8. 30am until midday on 6 February 2000. Mr Potts complained to Television New Zealand Ltd, the broadcaster, that a haka performed during the programme was "grossly offensive". He objected to what he considered were close up shots of male performers’ naked buttocks and testicles. TVNZ responded that the footage had not been as explicit as Mr Potts had described....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Nothing Trivial – broadcast during Coronation Street – contained sexual references – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sexual references were fleeting and innocuous – consistent with viewer expectations of Coronation Street and PGR timeband – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 7. 30pm and 8. 30pm on 12 July 2011, during Coronation Street which was rated PGR. [2] In the promo, the characters were shown talking about their quiz topic strengths, while thinking about their personal lives, as follows: Emma: I like animals and I know a bit about cooking. . ....

Download a PDF of Decision No. 1992-020:Fish and Television New Zealand Ltd - 1992-020 PDF465 KB...