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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-107 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN MALCOLM of Pukerau Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...
Summary Station identification promos broadcast on TV One included the slogan "Together We’re One", and the logo "Celebrating New Zealand". Mr Seymour complained to the broadcaster, Television New Zealand Limited, that the promos encouraged the denigration of Maori and, in particular, discrimination against the legitimate expression of Maori cultural and political beliefs. They promoted, he wrote, an ideology that was inherently assimilationist. TVNZ responded that the reference to "One" was to TV One. The promos implicitly reflected a "one-ness" between TV One and its viewers, and placed that theme in a determinedly bi-cultural context which recognised cultural diversity, it replied. It declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mr Seymour referred his 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....
SummaryAn item on the programme 5. 30 with Jude, broadcast on TV One on 4 November 1998 at 5. 40 pm, featured a representative from a health products company discussing women’s health with the presenter. In particular, soy products, phytoestrogens, and commercial products containing them were discussed in relation to the relief they provided to women with menopausal symptoms. Mrs James complained to Television New Zealand Limited, the broadcaster, that statements made in the item were inaccurate and unbalanced. She did not, she wrote, see any indication that the programme was an advertisement or advertorial, and she therefore assumed that it was classified as a documentary. TVNZ responded that the segment was "transparently advertorial in nature". It was paid for by the health products company, but TVNZ retained editorial control over it, the broadcaster said....
ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....
This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....
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 1989Criminal Minds – storyline involved kidnap of three teenage girls – kidnapper told girls that only two of them could leave alive, and they would have to kill the third girl – intended victim struck and killed the girl who was preparing to kill her – 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] An episode of Criminal Minds, a fictional drama series about the FBI’s Behavioural Analysis Unit, was broadcast at 8. 30pm on TV One on Thursday 8 November 2007. The storyline involved the abduction of three teenage girls who were held captive in a cellar....
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 1989Rude Awakenings – scene in which man and woman have sex on a table – 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] Rude Awakenings was a New Zealand drama series focussing on the lives of neighbouring Ponsonby families. An episode screened at 8. 30pm on Friday 16 February included a scene in which one of the central female characters – who was dissatisfied with her marriage – had sex with her personal trainer on a table. The personal trainer continued to watch sport on television while having sex. [2] The scene was shot from behind the male character, whose naked buttocks were visible. No female nudity was shown....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Ghost Squad – scene showing a gang of teenage girls beating an off-duty police officer until he was unconscious – one of the girls was seen to urinate over the man’s head as he lay on the ground – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Ghost Squad, a British drama series about a crime unit in which police officers policed their colleagues, was broadcast on TV One at 9. 30pm on 15 August 2006. The programme featured a scene in which a gang of teenage girls beat an off-duty police officer until he was unconscious....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – findings of a global survey examining sexual behaviour - frequency of sexual intercourse in various countries – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – delivered in the context of a serious message – not presented in a salacious manner – not upheld Standard 9 (children’s interests) – targeted at teenage audience – unlikely to appeal to younger viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Flipside screened on TV2 at 5pm on 13 October 2004. Flipside is a programme targeted at a teenage audience and discusses issues of relevance to youth. An item introduced the findings of the 2004 Durex Global Sex Survey which examined sexual behaviour in various countries....
ComplaintOne News – news bulletins about Middle East conflict – inaccurate descriptions of geography – Jerusalem, Gaza Strip and West Bank are Occupied Territory – Old City of Jerusalem not "The Contested City" as asserted in caption FindingsStandard G14 – briefing from MFAT – reference to TVNZ’s Journalists’ Manual – "the Occupied Territories" is the correct term – uphold No Order This headnote does not form part of the decision. Summary A map of the Old City of Jerusalem was captioned with the words "The Contested City", in an item about the Middle East conflict broadcast on One News on TV One at 6. 00pm on 4 October 2000. Helen Zarifeh, on behalf of the Wellington Palestine Group, complained to Television New Zealand Ltd, the broadcaster, that its news bulletins generally failed to describe aspects of Middle East geography accurately....
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....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – items investigated complaint against The Battery Clinic and its manager, the complainant, relating to a system developed to extend the life of batteries in older hybrid vehicles – experts expressed concerns about the safety of the system – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – Fair Go had a sufficient basis for presenting the view that the system developed by the complainant was potentially dangerous – complainant provided with a fair and reasonable opportunity to respond to claims and to defend his invention, and his perspective was fairly presented in the broadcasts – very high public interest in reporting on matters that have the potential to impact on public safety – overall, complainant and the Battery Clinic were treated fairly – not upheld Standard 5 (accuracy) – alleged inaccuracies related to mechanical and engineering matters outside the Authority’s expertise…...
Download a PDF of Decision No. 1991-015:Dunckley and Television New Zealand Ltd - 1991-015 PDF93. 26 KB...
The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...
The Authority has not upheld a complaint under the balance and accuracy standards about a 1News report on the start of a ceasefire deal between Hamas and Israel, and the first hostage/prisoner exchange as part of the deal. The complaint included claims the broadcast: failed to identify the West Bank as occupied; inaccurately cited how many were killed at the Nova festival and the identity of those attending the festival; inaccurately described the origin of the cars in the ‘car wall’; used ‘gratuitous adjectival framing to discredit Palestinian supporters’; and was overall unbalanced. Noting the challenges of verifying certain facts presented in the broadcast, the Authority did not uphold the complaints under the accuracy standard on the basis reasonable efforts had been made to ensure accuracy, or the relevant points were not materially inaccurate or misleading....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-110 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN CLEMENTS of Orewa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-160 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SIEGFRIED BAUER of Raetihi Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
BROADCASTING STANDARDS AUTHORITY Decision No: 1997-032 Dated the 10th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J R BOWEN of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...