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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-125 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a sex scene in Nip/Tuck in which one of the lead characters had sex with a patient after asking her to place a paper bag over her head was offensive, and should not have been shown at 10pm during the school holidays. The Broadcaster’s ResponseTVNZ said the sex scene was relatively discreet, and had showed a side view with no nudity. The broadcaster noted that Nip/Tuckwas rated Adults Only and had been restricted to a 9. 30pm showing because it contained a greater degree of sexual activity, potentially offensive language and realistic violence. The broadcaster argued that 9. 30pm was adults only time even during the school holidays. The Authority’s DecisionThe Authority said the scene was important to the storyline as it illustrated the central character's decline into sexual dysfunction....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an illegal advertising campaign for Goji Juice – product was being marketed to the Tongan community as being a cure for numerous diseases – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue was the marketing of Goji Juice – broadcaster not required to seek comment from manufacturer or from people who endorsed the product – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – broadcaster did not exhaust every alternative legitimate way of obtaining Namoe Sau’s comment before arranging door-stepping interview (guideline 6b) – used deception to obtain her comment without making sufficient attempts to obtain the material by other means (guideline 6c) – broadcaster treated Ms Sau unfairly – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] An item on One News, broadcast on TV One at 6pm…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Agenda – discussion of recent campaign issues which had arisen in regard to forthcoming general election – commentators were a former president of the National Party, a former president of the Labour Party and a political science lecturer – allegedly partisan and unbalancedFindingsStandard 4 (balance) – most of complaint based on personal preferences – role of minor parties raised issue of broadcasting standards – range of views advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Agenda broadcast on TV One at 8. 30am on 10 September 2005 included a panel discussion about campaign issues relating to the general election then due on 17 September. Specific aspects were covered in different segments of the programme....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – stated that animal welfare group had gone “undercover” on a farm to investigate mistreated pigs and that it had gained access through an unlocked door – showed footage obtained by the group of sick and injured animals – allegedly in breach of law and order standard FindingsStandard 2 (law and order) – programme did not show the group breaking into the farm – broadcaster did not encourage viewers to break the law by screening the footage – public interest in showing mistreatment of animals – 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 Friday 23 July, reported on new footage of pigs at a Levin farm that had been the subject of a previous TVNZ broadcast on animal welfare....

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on impact of the warm winter on New Zealand’s winter athletes and their training regimes – newsreader and reporter described Piera Hudson as “one of the world’s top junior skiers” and “one of the top junior female skiers in the world, [who] has recently been selected in the New Zealand Junior Winter Olympics squad” – included footage of Piera competing at Topolino ski games as voiceover stated, “Piera ended the European season well, seen here competing at the junior world champs in Italy in March where she came fourteenth in the slalom” – statements allegedly inaccurate FindingsStandard 5 (accuracy) – average viewer would have interpreted terms “junior” and “top” skier in accordance with their ordinary meaning – phrase “junior world champs” was used colloquially and not to denote formal title of event – item correctly stated that Piera had…...

Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenters used the term “anti-gay” to refer to people who opposed same-sex marriage – allegedly in breach of accuracy, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – while use of term “anti-gay” was sloppy, and incorrect when taken in isolation, it was corrected by context of discussion about gay marriage – not upheld Standard 7 (discrimination and denigration) – term “anti-gay” was used in context of discussion about gay marriage and did not carry any malice or invective – did not encourage discrimination or denigration against people opposed to same-sex marriage – not upheld Standard 8 (responsible programming) – viewers would not have been deceived – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-084:Sharp and Television New Zealand Ltd - 1993-084 PDF500. 47 KB...

Summary[This summary does not form part of the decision. ]The Authority did not uphold three complaints about an episode of Sunday that discussed freedom of expression and hate speech and which featured edited excerpts of an interview with Canadian commentators, Stefan Molyneux and Lauren Southern. The Authority found the broadcast was balanced, containing a wide range of perspectives on a controversial issue of public importance, being the exercise of the right to freedom of expression in New Zealand. The Authority also found that the interview with Mr Molyneux and Ms Southern was used to illustrate points relevant to the wider topic but was not in itself the central focus of the item. The pending visit of Mr Molyneux and Ms Southern was therefore used to frame the issues in the item....

The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...

The Authority has not upheld a complaint that the use of exclamations including ‘oh my God’, ‘holy crap’ and ‘bloody’ in an episode of House Rules, broadcast at 7. 30pm, breached the good taste and decency standard. In this context, the language used would not have caused audiences undue offence or harm and it was not beyond what viewers would reasonably expect from the programme. Not Upheld: Good Taste and Decency...

The Authority has not upheld two complaints about an item on 1 News that reported on protests in Washington DC in opposition to the results of the United States Presidential election. The complaints were the item’s description of the Proud Boys as a ‘white supremacist’ group was inaccurate because its leader, Enrique Tarrio, is African-Cuban and it is an ‘American chauvinist’ rather than a white supremacist group. Mr Soper also complained the item’s descriptions of Joe Biden as President-Elect, before his confirmation by the Electoral College, and of voter fraud claims as unproven, were unbalanced and inaccurate because Mr Biden’s election had not been confirmed and there was substantial evidence of voter fraud. The Authority found use of the term ‘white supremacist’ was distinguishable as analysis and opinion, to which the requirement for factual accuracy does not apply....

The Authority has not upheld a complaint about a brief 1 News report on a leaked draft decision from the United States Supreme Court, which had the potential to overturn the landmark decision of Roe v Wade concerning abortion rights. The complaint alleged the broadcast was unbalanced as it did not include footage of pro-life activists or arguments for the ‘rights of the child’. The Authority found that the broadcast was a straightforward report focused on the development of the reported leak. It did not discuss views for or against abortion access, therefore the balance standard did not apply. In any event, the Authority noted the broadcaster had provided balance over time in other 1 News coverage. Not Upheld: Balance...

The Authority has not upheld a complaint an item on 1 News concerning the deaths of over 125 people at Kanjuruhan Stadium in Indonesia breached the balance and accuracy standards. The complainant alleged it was offensive and careless to compare this tragedy to the 1989 Hillsborough disaster, as in Hillsborough the ‘fans played no role in causing the disaster. ’ The Authority found the balance standard did not apply as the broadcast’s mention of other disasters at football stadiums did not constitute a ‘discussion’ for the purposes of the standard. It did not uphold the complaint under the accuracy standard as it was not misleading to suggest Hillsborough was one of football’s worst tragedies. Not Upheld: Balance, Accuracy...

The Authority has not upheld two complaints relating to a news item reporting on ANZ increasing mortgage interest rates, which showed a brief exchange between National Party Finance Spokesperson Nicola Willis and Finance Minister Hon Grant Robertson during Question Time in Parliament. The complainants alleged the broadcast breached the accuracy and fairness standards as the broadcaster edited the footage of Robertson’s response to Willis’s question to make him seem unsympathetic and evasive. The Authority found the way in which the broadcast was edited was not likely to give the impression that Robertson did not fully address Willis’s question, and that Robertson was not treated unfairly. Not Upheld: Accuracy, Fairness...

In a segment on Breakfast, the hosts tried out a ‘Bug-A-Salt’; a device in the shape of a firearm which shoots granules of salt to kill flies and other bugs. As part of the segment, the hosts did some ‘target practice’ on a Donald Trump ‘troll doll,’ shooting it down twice. The Authority did not uphold complaints that this breached the offensive and disturbing content and promotion of illegal or antisocial behaviour broadcasting standards. While the Authority found the segment pushed the boundaries of acceptable humour, in the context of the broadcast, including the comedic and light-hearted tone, the focus on the effectiveness of the Bug-A-Salt rather than Trump, and the lack of malicious intent, it found it was unlikely to cause widespread disproportionate offence or distress, or undermine widely shared community standards....