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Decisions
Welch and Campbell and Television New Zealand Ltd - 2004-098, 2004-099
2004-098–099

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with father of escaped prisoner – used words “arsehole” and “bugger” – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A father whose son had escaped from prison was interviewed in an item broadcast on Holmes at 7. 00pm on 22 April 2004. The father, whose home had been burgled by his son on at least three occasions, appealed to his son to give himself up. During the interview, the father used the word “arsehole” and also used the word “bugger” at least three times. Complaint [2] Gary Welch and Don Campbell each complained to Television New Zealand Ltd, the broadcaster, that the use of the word “arsehole” was unacceptable and in breach of the standard requiring good taste and decency....

Decisions
Turner and Television New Zealand Ltd - 2004-188
2004-188

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – repeat screening of an episode showing a family who had been apprehended by Fisheries Officers for infringing the fishing regulations – allegedly breached the privacy of the familyFindings Standard 3 (privacy) and Guideline 3a – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat broadcast of an episode of Coastwatch screened on TV One at 1pm on 3 October 2004. Coastwatch is a reality series which follows the activities of various law enforcement officers who patrol the coastline. The original episode had screened at 8pm on 15 March 2004. [2] The broadcast showed a family who had been apprehended by Fisheries Officers for taking more cockles from the beach than permitted by law....

Decisions
Williams and Television New Zealand Ltd - 2003-067
2003-067

ComplaintTeachers – promo – reference to periods, sanitary towels and tampons – offensive FindingsStandard 1 and Guideline 1a – context – time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] A promo for the series Teachers was broadcast during the screening on TV One of the Led Zeppelin concert The Song Remains the Same, which started at 10. 30pm on Saturday 5 April 2003. [2] G E Williams complained to Television New Zealand Ltd, the broadcaster, that the references to periods, sanitary towels and tampons in the promo, broadcast without warning, were offensive. [3] Initially TVNZ treated the complaint, in error, as an informal one. When it responded to the formal complaint, TVNZ contended that the references were not inherently offensive and, furthermore, had been broadcast more than two hours after the 8. 30pm watershed. It declined to uphold the complaint....

Decisions
Hooker and Television New Zealand Ltd - 2002-008
2002-008

ComplaintThe Sopranos – scene in which man attacks and kills pregnant woman – offensive – violence against woman and unborn baby – horrific – unjustifiable – gratuitous FindingsStandard G2 – unacceptable material – uphold Standard V1 – scene not essential or justifiable in context of programme – uphold Standard V2 – realistic violence used gratuitously for heightened impact – uphold Standard G8 – subsumed This headnote does not form part of the decision. Summary [1] An episode of The Sopranos was broadcast on TV2 at 9. 30pm on 6 September 2001. The Sopranos is a drama about an American-Italian mafia family living in the eastern United States. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a scene in which a pregnant woman is beaten and killed, which he considered breached standards relating to good taste and decency, violence and appropriate classification....

Decisions
Schwabe and Television New Zealand Ltd - 2001-055
2001-055

ComplaintNew Zealand Festival: Virginity – language – "did you fuck him? " – offensive FindingsSection 4(1)(a) – not gratuitous – acceptable in context – no uphold This headnote does not form part of the decision. Summary The programme New Zealand Festival: Virginity was broadcast on TV One at 9. 35pm on 19 February 2001. One of the seven women who spoke of their first sexual experiences reported that she was later asked by an acquaintance, "did you fuck him? " Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "fuck" was grossly offensive. He argued that the classification of a programme as AO and the inclusion of a warning did not excuse the broadcaster from the requirement to maintain standards of good taste and decency....

Decisions
Riley and Television New Zealand Ltd - 2010-096
2010-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

Decisions
Amnesty International and Television New Zealand Ltd - 2010-134
2010-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented on prisoners being handed over to Afghan security forces – "does anyone care if we put drills through the heads of these people" and "we need to get out the Stanley knives" – allegedly in breach of good taste and decency and responsible programming standards FindingsStandard 1 (good taste and decency) – comments were provocative and hyperbolic but intended to stimulate discussion – contextual factors – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – standard not applicable – 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 Tuesday 17 August 2010, presenter Paul Henry interviewed TVNZ's political editor on recent events in Afghanistan....

Decisions
Ryan and Television New Zealand Ltd - 2011-004
2011-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – teaser for upcoming item on Prince William and Kate Middleton – presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot? ” – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] One News Tonight, broadcast on TV One at 7pm on Tuesday 9 November 2010, contained a brief, five-second teaser for an upcoming item on Prince William’s engagement to Kate Middleton. The presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot?...

Decisions
Birkinshaw and Television New Zealand Ltd - 2013-043
2013-043

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – during interview with Kiwi actor, presenter commented “I was about as popular as a wet fart in a wedding dress” – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – comment was a brief, throwaway remark used to convey the meaning the presenter was unpopular – upholding complaint would be unreasonable limit on right to freedom of expression – not upheld This headnote does not form part of the decision. Introduction [1] During Seven Sharp, a New Zealand current affairs and entertainment programme, the presenters interviewed a Kiwi actor. One of the presenters stated: I’ve actually got to make a confession right here and right now [laughter from actor]… what a bang-up geezer [name] is, because I did an interview with [name] about two weeks ago....

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-045
1993-045

Download a PDF of Decision No. 1993-045:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-045 PDF388. 04 KB...

Decisions
National Collective of Independent Women's Refuges Inc and Television New Zealand Ltd - 1992-085
1992-085

Download a PDF of Decision No. 1992-085:National Collective of Independent Women's Refuges Inc and Television New Zealand Ltd - 1992-085 PDF502. 9 KB...

Decisions
Harre and Television New Zealand Ltd - 2014-104
2014-104

Summary [This summary does not form part of the decision. ] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters, including cheese ‘made of milk with human toe jam and belly button bacteria’. The Authority did not uphold the complaint that this was offensive and breached standards of good taste and decency. While some viewers would have found the subject matter unpleasant and distasteful, it did not threaten current norms of good taste and decency to an extent which breached the standard. Not Upheld: Good Taste and Decency Introduction [1] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters. Commenting on a picture of a round of cheese, one presenter said: This cheese might look delicious – like a good aged brie perhaps. Wrong....

Decisions
Wallbank and Television New Zealand Ltd - 2015-015
2015-015

Summary[This summary does not form part of the decision. ]A ONE News bulletin included an item on politicians' attendance at the Big Gay Out festival. The newsreader said, 'The community makes up to 10 percent of New Zealand's population and MPs were keen to show their support'. The Authority did not uphold the complaint that this statement and in particular the figure of 10 percent was inaccurate and misleading. It was expressed as an approximate figure only. There is no data available showing the exact size of the Lesbian, Gay, Bi-sexual and Transgender (LBGT) community against which to assess the accuracy of the statement. Not Upheld: AccuracyIntroduction[1] A ONE News item covered the Big Gay Out event in Auckland. The newsreader introduced the item by saying: The importance of the gay vote was evident today as a pack of politicians joined thousands at Auckland's Big Gay Out festival....

Decisions
Holding and Television New Zealand Ltd - 2018-019 (24 May 2018)
2018-019

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a character using the phrase (according to the accompanying closed captions), ‘You’ve got no freaking idea…’ The Authority did not uphold a complaint that this phrase breached the good taste and decency standard because in the complainant’s view, the character actually said ‘f***ing’. The Authority noted that if broadcasters wish to broadcast sanitised versions of unacceptable words, then it is their responsibility to make it clear that it is not the offensive word that is being uttered, but rather a word which is distinctly aurally different. Here, where there was some uncertainty about what was said, the Authority did not uphold the complaint....

Decisions
Sime and Television New Zealand Ltd - 2020-127 (30 September 2020)
2020-127

The Authority has not upheld a complaint about an election advertisement for the Labour Party that included the statement, ‘Together we went hard and early to fight COVID. . . ’ The complaint was that this statement breached broadcasting standards because it should have said the Labour Party ‘went hard and late’, on the basis it could have taken ‘some action at the border’ earlier than it did, to protect New Zealanders. The Authority found the statement was clearly opinion and advocacy promoting the Labour Party, rather than a statement of fact, and that viewers were unlikely to be misled. There was no actual or potential harm caused, to outweigh the importance of freedom of expression and free political speech in the lead up to the general election, or to justify regulatory intervention....

Decisions
Statham and Television New Zealand Ltd - 2023-100 (13 October 2023)
2023-100

The Authority has not upheld a complaint concerning an election programme for the New Conservative Party. The complainant argued the Party’s policy to remove ‘gender ideology’ from schools, as referred to in the programme, amounted to discrimination against the transgender community. While acknowledging some may consider the policy to be discriminatory and offensive, the Authority found the party’s statement highlighting its policy to remove gender ideology from schools did not reach the high threshold necessary for a finding of discrimination against the transgender community in the context of an election programme. In making its finding, the Authority took into account the significant public interest in election programmes in informing voters of party policies, and the robust political environment in the lead-up to the general election. Not Upheld: E1: Election Programmes Subject to Other Code (Discrimination and Denigration)...

Decisions
Mitchell and Morris and Television New Zealand Ltd - 2004-036, 2004-037
2004-036–037

Chair Joanne Morris declared a possible conflict of interest because of knowing one of the complainants and also as a member of the Waitangi Tribunal that was to hear the foreshore and seabed claims, so did not participate in the determination of these complaints....

Decisions
Price and Television New Zealand Ltd - 2007-093
2007-093

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a One News item "fundamentally misrepresented" the Electoral Finance Bill by saying, first, that "new rules for election spending will mean big donations to political parties' campaigns will no longer be kept secret", and second, that "other secret donors would also be outed – donations over $5000 would have to be declared”. The complainant said the Bill required no greater degree of disclosure of the amounts of donations and the identities of donors than the existing law. The Broadcaster’s ResponseTVNZ said the story was about third party activities at election time, rather than donations to political parties. As third parties would have to register with the Electoral Commission if they intended to spend more than $5,000 on an election campaign, their identity would no longer be secret....

Decisions
Carswell and Television New Zealand Ltd - 2022-037 (18 May 2022)
2022-037

An item on Breakfast discussed shortages in the supply of cat food. The Authority did not uphold a complaint that the presenter’s and guest’s use of the phrases ‘fussy puss’ and ‘are pussies fussy’ breached the good taste and decency and children’s interests standards. The Authority found that the phrases would not have caused widespread undue offence or distress, and were unlikely to undermine or violate widely shared community norms. With regard to the children’s interests standard, noting that children were not the target audience for the programme and were unlikely to understand any sexual innuendo in the terms, the Authority considered any potential harm did not reach a level justifying regulatory intervention. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Osmose New Zealand and Television New Zealand Ltd - 2005-140
2005-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

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