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Bancroft and Television New Zealand Ltd - 1996-087
1996-087

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-087 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by ENID BANCROFT of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Bush and Television New Zealand Ltd - 2010-036
2010-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Decisions
Lowe and Television New Zealand Ltd - 1998-086
1998-086

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-086 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Jackson and Television New Zealand Ltd - 1999-019
1999-019

Summary It was reported on One Network News on 18 November 1998 that a yacht which had been grounded in a bay in the Far North had been looted, and that the abandoned boat had been stripped of its electronic gear, solar power unit and rigging. Mr Jackson complained to Television New Zealand Ltd that the report was grossly exaggerated. He advised that the boat had not been abandoned, and had not been stripped by looters. He acknowledged that some small items had been stolen but noted that all but one of those items had been recovered by the police and returned to the owner. Mr Jackson contended that the report had done the Far North community considerable harm and its errors warranted an apology....

Decisions
QW and Television New Zealand Ltd - 2007-089
2007-089

Chair Joanne Morris declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item reported on the use of anti-depressants – excerpts from a radio talkback show were used in the item – two excerpts involved the complainant discussing her use of anti-depressant drugs – allegedly in breach of privacy The Authority’s DecisionStandard 3 (privacy) – complainant not identifiable in the item – item did not disclose any private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on the 20/20 programme, broadcast on TV2 at 9. 30pm on 30 August 2007, examined the use of the anti-depressant drug Aropax and the difficulty some people had experienced when trying to stop using it. The item included excerpts from a radio talkback discussion concerning the use of anti-depressants....

Decisions
Hippolite and Television New Zealand Ltd - 1996-137
1996-137

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-137 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JAMES HIPPOLITE of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Wilkinson and Television New Zealand Ltd - 1997-004
1997-004

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-004 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DENNIS WILKINSON of Canterbury Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Stevens and Television New Zealand Ltd - 2009-124
2009-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – two “coming up” promos and opening segment of One News reported that an actor had been “gunned down” by police – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – use of the term "gunned down" not misleading – not upheld Standard 6 (fairness) – police representative was given opportunity to explain why the shooting occurred – police treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A “coming up” promo for One News was broadcast at 5. 41pm on Thursday 27 July 2009. The promo included a brief report which stated: Coming up on tonight’s One News, an actor is gunned down by police in a suburban Auckland street. [2] A second promo for the news was broadcast at 5....

Decisions
Garmonsway and Television New Zealand Ltd - 2008-061
2008-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Scrubs – storyline involving a patient who had taken erectile dysfunction pills – allegedly in breach of children’s interests standard Findings Standard 9 (children’s interests) – storyline was handled in a discreet and inexplicit manner – acceptable within PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Scrubs, a comedy programme following the lives of staff at a fictional hospital, was broadcast on TV2 at 8pm on Wednesday 21 May 2008. One of three storylines in the episode followed a doctor, Elliot, as she treated a man who had a persistent erection after taking erectile dysfunction pills. [2] The storyline was introduced when Elliot addressed a patient in the waiting room, asking “what seems to be the problem?...

Decisions
Mainwaring and Television New Zealand Ltd - 1998-019
1998-019

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-019 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAY MAINWARING of Rangiora Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Dunlop and Television New Zealand Ltd - 1997-056
1997-056

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-056 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILIP DUNLOP of Pokeno Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Robinson and Television New Zealand Ltd - 2005-082
2005-082

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

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
Accident Compensation Corporation and Television New Zealand Ltd - 2006-126
2006-126

Complaint under section 8(1)(a) of the Broadcasting Act 1989Dragon’s Den – contestant said that ACC paid $68 million per year for people to hang out washing for people who were unable to do it themselves – allegedly inaccurate FindingsStandard 5 (accuracy) – not a factual programme to which the accuracy standard applies – not upheld This headnote does not form part of the decision. Broadcast [1] Dragon’s Den was a series in which would-be entrepreneurs pitched their business ideas to five successful business people in the hopes that they might invest. In the episode broadcast on TV One at 8. 30pm on 19 October 2006, one of the contestants said: The ACC spends $68 million a year on helping people hang out their washing alone – I know, it’s a staggering amount. . ....

Decisions
Wolf and Television New Zealand Ltd - 2004-127
2004-127

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....

Decisions
Mahurangi Christian Community Trust and Television New Zealand Ltd - 2004-212
2004-212

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

Decisions
Antrobus and Television New Zealand Ltd - 2012-015
2012-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Bad Santa – promo screened during family Christmas movie The Santa Clause 2 – contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield – “Bad Santa” told child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa he replied “No, it was her sister” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 9 (children’s interests) – sexual references were implied and would have gone over the heads of younger viewers – promo was correctly rated PGR and did not contain any material which warranted a higher classification of AO – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – most viewers would not have been offended by the promo when broadcast in this…...

Decisions
FS and Television New Zealand Ltd - 2012-036
2012-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Inspectors – Environmental Health Officer carried out routine spot check at fish and chip shop in Dunedin – made adverse comments about the state of the premises and delivered a food certificate downgrade from a ‘B’ to a ‘D’ – showed footage of business and of the shop owner with his face pixelated – allegedly in breach of privacy, accuracy and fairness standards FindingsStandard 3 (privacy) – shop owner had an interest in seclusion in the back part of his shop – camera crew’s actions amounted to an intrusion in the nature of prying because any consent given was not informed and did not extend to the broadcast of the footage three years after filming – intrusion highly offensive – there was a high level of public interest in the footage at the time of filming but not three years later –…...

Decisions
Eichbaum and Television New Zealand Ltd - 2003-100
2003-100

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

Decisions
Slaney and Television New Zealand Ltd - 2011-107
2011-107

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News at 8pm – newsreader used the phrase, “Christ that hurt” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – viewers may have considered the comment mildly inappropriate in the context of a news programme – but was clearly intended to be humorous – within broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TVNZ News at 8pm, broadcast on TVNZ 7 at 8pm on Tuesday 12 July 2011, reported on the birth of a 16-pound baby in Texas, named Ja. During the item, the newsreader commented, “Ja means, ‘Christ that hurt’....

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