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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 11/94 Dated the 10th day of March 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID THORNTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
The Authority has not upheld a complaint that an episode of Sunday concerning the increasing population of wallabies in New Zealand was inaccurate and unbalanced. The Authority found that the balance standard did not apply as the segment did not discuss a controversial issue of public importance. The Authority also found that the reference to wallabies as an ‘Aussie pest’ did not amount to a material inaccuracy as it was unlikely to significantly affect the audience’s understanding of the programme as a whole. Not Upheld: Balance, Accuracy...
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....
The Authority has not upheld a complaint about an interview on Breakfast with a public health researcher regarding the potentially carcinogenic properties of glyphosate, an ingredient in commonly available and widely used weed killers. The Authority found there was no breach of the balance standard as viewers would have been sufficiently aware of the existence of alternate views (both from the programme itself and from other reporting within the period of current interest) and that the accuracy standard did not apply as the relevant statements were analysis and opinion. Not Upheld: Balance, Accuracy...
The Authority has not upheld a complaint that broadcasting the film Jason Bourne at 7. 30pm breached the offensive and disturbing content and children’s interests standards, due to violent opening scenes. The Authority found the scenes did not feature violence exceeding the film’s ‘MV’ rating (suitable for mature audiences 16 years and over and containing violence that might offend viewers) and was therefore suitable to be broadcast at 7. 30pm, during children’s normally accepted viewing times. Further, the broadcaster had sufficiently signposted the nature of the programme, by showing the classification and advisory before the film started, and again after every ad break. Parents and caregivers were therefore adequately apprised of the nature of the film in order to make informed viewing choices for children in their care....
The Authority has not upheld a complaint that a reporter’s comment during a segment on 1 News concerning the death of a child from a throat infection breached the offensive and disturbing content standard. The Authority acknowledged the relevant phrase represented a poor choice of words. However, in the context, the Authority accepted that it was inadvertent and did not merit regulatory intervention. Not Upheld: Offensive and Disturbing Content...
The Authority has declined to determine a complaint, under the good taste and decency and children’s interests standards, about an episode of Seven Sharp. The clip complained about was a joke that did not contain any profane or sexually explicit material. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Good Taste and Decency and Children’s Interests (section 11(a) of the Broadcasting Act 1989 – trivial)...
The Authority has not upheld a complaint that a 1 News report breached the accuracy standard by describing ivermectin as a drug for animals. The Authority found the accuracy standard was not breached as the statements were materially accurate and were not misleading. Not Upheld: Accuracy...
The Authority has not upheld a complaint that reality dating show Naked Attraction, broadcast after 10pm on TVNZ 2, was indecent and should not be shown on television. In the show, potential love interests are introduced by gradually revealing their naked bodies, from the feet up (un-pixelated). With reference to previous decisions on earlier episodes of the programme, the Authority found that while the programme may not have been to everybody’s taste, ample information was available to enable viewers to make a different viewing choice. In the context there was no harm caused which justified restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...
Download a PDF of Decision No. 1993-082:Edwards and Television New Zealand Ltd - 1993-082 PDF1. 41 MB...
Download a PDF of Decision No. 1992-040:Ross and Television New Zealand Ltd - 1992-040 PDF441. 51 KB...
SummaryA new dietary supplement, aimed at men with prostate problems, was the subject of an item on One Network News broadcast on 7 July 1998 between 6. 00–7. 00pm. The item included interviews with a representative of the company which markets the product, a urologist, and a man who believed his prostate cancer was under control because of the supplement. Mr James complained to Television New Zealand Ltd, the broadcaster, that the promotion of the product amounted to an advertorial and was irresponsible as it did not alert viewers to its known toxic effects. Furthermore, he questioned the qualifications of the product’s promoter to make medicinal recommendations on a prime time news programme. In its response, TVNZ denied that the item was an advertorial, pointing out that it was initiated by TVNZ because it was considered newsworthy....
Complaint under section section 8(1B)(b)(i)Eating Media Lunch – “channel-surfing” segment – brief shot of “viewer’s” hands masturbating a penis-shaped dildo in front of the television – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – penis was obviously not real – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10pm on TV2 on 16 November 2007, contained a segment in which a “viewer” channel-surfed through a number of television programmes, some fabricated. The segment was constructed from the viewer’s point of view, so that the audience could see only the viewer’s hands. On three occasions, the viewer changed the channel to TV3, which was screening the breakfast show Sunrise. Each time, the viewer’s hands were shown doing something in the foreground....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-167 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRIENDS OF THE EARTH (NEW ZEALAND) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
Summary An episode of a reality series entitled Petvet was broadcast on TV2 at 8. 00pm on 7 October 1999. It followed the day to day activities at a veterinary clinic in Lower Hutt and included a sequence showing the clinic’s dealings with a couple who wished to have their cat put down. L, the cat’s owner, complained to the Broadcasting Standards Authority that the sequence breached her right to privacy. She complained that the documentary had portrayed her and her partner as callous owners of animals and they had been subjected to criticism as a result. She also noted that the programme had identified her by name and, in addition, had included a sequence showing the veterinarian dialling their confidential telephone number which, she said, could have led to "menacing phone calls"....
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....
SummaryAn episode of The Lakes broadcast on TV One on 26 May 1999 beginning at 9. 05pm contained a scene depicting a violent gang rape. Ms Wightman of Wellington, Mr Turley of Nelson and Ms Buchanan of Christchurch each complained to Television New Zealand Ltd, the broadcaster, about the episode. Ms Wightman contended that it was unacceptable to show sexual violence on public television, particularly when no warning was given prior to the programme that it would contain rape scenes. Mr Turley’s complaint focused not just on the rape scene, which he deemed unacceptable, but also on what he called the gratuitously offensive language used, and the programme’s focus on depraved and offensive sexual activity. Ms Buchanan objected to the fact that in the course of a single programme the content included murder, a gang rape and the prospect of fornication between a parishioner and a priest....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about how people use public toilets – discussed how the news presenter's mother used to help him go to the toilet when he was a child – talked about suction toilets on trains in America – 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 – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6. 30am and 9am on 20 April 2009, the hosts referred to a germ expert who had been interviewed earlier in the programme. This led one of the hosts to talk about the different methods people use to avoid germs in public toilets....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...
The Authority has reconsidered and not upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb, following TVNZ appealing the Authority’s original decision to the High Court. The item featured an interview with a resident reported as being ‘too scared to be identified’. The Authority originally found she was identifiable and the High Court dismissed the appeal on that point but directed the Authority to reconsider the remaining issues in light of new affidavit evidence filed by TVNZ in the appeal. Having reconsidered the matter, the Authority remained of the view the disclosure of the woman’s identity in the circumstances would be highly offensive to an objective reasonable person. However, based on the affidavit evidence the Authority found the defence of informed consent was available to the broadcaster. Not Upheld: Privacy...