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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) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about "virtually blind" producer – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – host's comments were light-hearted and intended to be humorous – directed at one individual rather than blind people in general – 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 17 April 2009, the hosts apologised for a noise that had occurred in the background while the news was being read. One host explained that the noise was caused by the executive producer "who's virtually blind". The host elaborated, mimicking the producer trying to read viewers' faxes, and also making a lot of noise taking a plate to the hosts as he could not see the table....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back Benches – Mt Albert by-election special – programme featured candidates from Labour, National, Green, ACT and United Future – candidates campaigned for votes and addressed various issues facing the electorate – allegedly in breach of balance and fairness standards FindingsStandard 4 (balance) – programme discussed controversial issues of public importance – criteria used by broadcaster to select participants was justifiable – a variety of significant viewpoints was presented – not upheld Standard 6 (fairness) – ALCP did not take part and was not referred to – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Back Benches was broadcast on TVNZ 7 at 9pm on Friday 10 June 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item discussed “all-out war” between the Wellington Mayor and a city councillor – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – use of psychologist trivialised the situation but viewers unlikely to have taken her comments seriously – Mayor given adequate opportunity to comment – not unfair to Ms Prendergast or to the Council – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 16 July 2009, was introduced by the presenter as follows: What on earth is going on at Wellington City Council?...

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Eyewitness: The Danielle Cable Story – movie contained coarse language including the word “fuck” – programme preceded by a warning for graphic violence, but not for coarse language – broadcaster agreed that the movie should have included a specific warning for coarse language – stated that it had instituted changes to ensure warnings were provided where appropriate – action taken allegedly insufficient FindingsStandard 1 (good taste and decency) – adequate explanation of why breach occurred given to complainant – action taken by the broadcaster was appropriate and sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Eyewitness: The Danielle Cable Story was broadcast on TV One at 8. 30pm on Sunday 27 September 2009. The movie contained coarse language which included the phrases “fuck off” and “fucking idiot”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with actress Keisha Castle-Hughes and director Niki Caro about their new film The Vintner’s Luck – references to sex – showed scenes from the film of the main characters passionately kissing and the male character putting his head up the female’s skirt – allegedly in breach of good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – sex scene was gratuitous in a current affairs programme at 7pm – unsuitable for children – upheld – language was vulgar slang unexpected in this type of programme – borderline but not upheld Standard 1 (good taste and decency) – sex scene was not sufficiently discreet for PGR timeslot – upheld – language borderline but acceptable – not upheld No Order This headnote does not form part of the decision....

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – host introduced the episode by saying “Good evening, kia ora, fuck your mother” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Eating Media Lunch was a series broadcast on TV2 that lampooned aspects of the media both in New Zealand and overseas. The host introduced the episode broadcast at 10pm on Friday 2 November 2007 with the following words: Good evening, kia ora, fuck your mother. [2] The episode was preceded by a verbal and visual warning which said: This programme is rated Adults Only. It contains language and sexual material that may offend some people. Complaint [3] Martin Taylor made a formal complaint about the introduction to Television New Zealand Ltd, the broadcaster....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about Advertising Standards Authority’s ruling against advertisement for Charlie’s Soda – studio discussion among four men about whether the decision was out of step with society and demonstrated a double standard between advertising and television programmes – allegedly unbalanced Findings Standard 4 (balance) – discussion was confined to one advertisement – 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 on TV One at 7pm on 31 January 2008, discussed the decision of the Advertising Standards Authority (ASA) that an advertisement for Charlie’s Soda was in breach of advertising standards. According to the item, the ASA ruled that the advertisement breached a standard which required advertisements not to use sexual content to promote an unrelated product....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the word “cunt” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – language was relevant to the storyline and character development – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Sunday 10 February 2008....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the use of 1080 poison on the South Island’s West Coast and the tensions it was causing in the community – included video footage of a confrontation between a contractor involved in the 1080 programme and anti-1080 protestors – allegedly in breach of privacy Findings Standard 3 (privacy) – video footage was taken in a public place – complainant not in a state of vulnerability – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Tuesday 5 August 2008, reported on protestors clashing with contractors over the use of 1080 poison on the West Coast of New Zealand’s South Island....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Burying Brian – use of the word “fuck” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language would not have offended a significant number of viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a New Zealand-produced drama called Burying Brian was broadcast on TV One at 8. 30pm on Wednesday 2 July 2008. The programme followed Jodie and the efforts she and her friends made to cover up the accidental death of her husband. [2] During the episode, the main character, Jodie, drunkenly announced to her friends that she wished her husband, Brian, was dead....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item discussing possible organised crime involvement in the black market tobacco trade – interviewed tobacco growers – one interviewee stated that he was no longer growing tobacco, but aerial footage of his property showed that he was – allegedly unbalanced, inaccurate, unfair and a breach of privacy Findings Standard 3 (privacy) – broadcast did not disclose any private facts about the complainant – not upheldStandard 4 (balance) – broadcast did not discuss a controversial issue of public importance – balance standard did not apply – not upheldStandard 5 (accuracy) – two aspects of the item inaccurate, but not significant in the context of the item overall – upheldStandard 6 (fairness) – not unfair to the complainant or to another interviewee – not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained images of bare breasts and buttocks, and brief frontal shots of two naked women – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – images of naked women not sexualised or intended to titillate – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 7 (programme classification) – programme was appropriately classified PGR – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7. 30pm on 31 August 2007, contained video footage of a number of women featuring bare breasts, buttocks and two brief full frontal shots of naked women....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an audio tape purporting to carry the voice of Osama Bin Laden – reporter said that “Bin Laden threatened to again take revenge on America as he did on 9/11” – allegedly inaccurateFindingsDecline to determine complaint under s. 11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An item on One News at 6pm on 20 January 2006 reported that an audio tape, purporting to carry the voice of Osama Bin Laden, had been broadcast by a television network in the Middle East. The tape had warned of new terrorist actions against the United States. The reporter said: In the tape that aired on Al Jazeera, Bin Laden threatened to again take revenge on America as he did on 9/11....

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 unbalancedFindingsStandard 4 (balance) – programme did not question CYFS’ general policy of removing foster children who had been smacked by their foster parents – wider issue about acceptability of smacking was not the controversial issue discussed in the item – reconstructions of vandalism a matter of fairness, not balance – not upheldThis headnote does not form part of the decision. Broadcast [1] Sunday, broadcast on TV One at 7....