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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...

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...

ComplaintFair Go – “Fair Go Ad Awards” – presenter lampooned margarine advertisement – sexual suggestions allegedly offensive and unsuitable for childrenFindings Standard 1 – sexual innuendo oblique and inexplicit – comedy – not upheld Standard 9 – not unsuitable for children in context – not upheld This headnote does not form part of the Decision Summary [1] The annual “Fair Go Ad Awards” included a segment during which the presenter lampooned an advertisement for margarine, which had been nominated for “worst ad”. The episode of Fair Go was broadcast on TV One at 7. 30pm on 15 October 2003. [2] Geoff New complained to Television New Zealand Ltd, the broadcaster, that the parodies contained sexually suggestive material which breached standards of good taste and decency and was unsuitable for children. [3] In response, TVNZ disagreed that the programme breached broadcasting standards....

Complaints under section 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989Holmes – two items about a cat captured by complainant who thought it was a stray and took it from West Auckland to Penrose – second Holmes item advised cat found – allegedly inaccurate, unfair and a breach of privacy Eating Media Lunch – rebroadcast of some footage from Holmes – allegedly a breach of privacy FindingsHolmes items: Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld Standard 5 (Accuracy) and Guidelines 5a and 5b – no factual errors – item reported that letter of apology received since Holmes involvement, not because of Holmes involvement – not upheld Standard 6 (Fairness) and Guidelines 6a, 6c, 6d, 6f – light-hearted item – no intention to humiliate complainant – not upheld FindingsEating Media Lunch Standard 3 (Privacy) and Guideline 3a – no private facts disclosed – not upheld…...

ComplaintCoca Cola Chart Show – sex club routines – offensive behaviour – unsuitable for children – upheld by broadcaster – uncut version subsequently re-broadcastFindingsAction taken insufficient – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary A music video entitled "Madonna Music" was broadcast on the Coca Cola Chart Show on TV2 on 29 August 2000 at about 11. 30am. It included a night club sequence where women were shown performing night club routines. Deanna Clarke complained to Television New Zealand Ltd, the broadcaster, that the sexually overt content of the video fell short of accepted norms of decency and good taste. Further, as it was screened on a Sunday morning during children’s accepted viewing times, the broadcaster did not demonstrate that it was mindful of the video’s effect on children. TVNZ upheld Ms Clarke’s complaint under both standards....

An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

Summary An episode of Hollywood Sex, a two-part series dealing with the sex industry in Hollywood, was broadcast on TV2 on 2 September 1999 beginning at 9. 30pm. Rosemary McElroy, on behalf of Women Against Pornography, complained to Television New Zealand Ltd, the broadcaster, that in spite of the warning preceding the programme, the average adult viewer would not have expected what she described as the degree of "pornographic" content which it contained. She contended that the programme breached accepted norms of good taste and decency, and cited several examples of what she considered to be objectionable material. TVNZ noted that various aspects of the sex industry had been depicted, and that the emphasis had been on the curious and grotesque. While the nature of the sexual activity discussed had been indicated, there had been no scenes of sexual intercourse or any full frontal nudity, it observed....

ComplaintOne News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-101 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M R BRIDER of Wellington 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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-165 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-043 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HAY DEPUTY MAYOR of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling (Chairperson) L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-042 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAPE PREVENTION GROUP of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Unauthorised History of New Zealand – presenter commented that “the white settlers were intent on fucking over the natives” in New Zealand – pretended to urinate on a public sculpture – allegedly in breach of good taste and decency, law and order and balance standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 2 (law and order) – no realistic portrayal of anti-social behaviour – not upheldStandard 4 (balance) – programme was not a news, current affairs or factual programme – standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

The Authority has not upheld a complaint about an election advertisement for the Labour Party which included questions on possible funding cuts a National-led government might make. The complaint was that these statements were a false portrayal of National’s proposed cuts. The Authority found the statements were clearly questions and advocacy promoting the Labour Party, rather than statements of fact, and that viewers were unlikely to be misled. The harm alleged was not sufficient 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. Not Upheld: E1: Election Programmes Subject to Other Code (Accuracy)...

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"....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 69/95 Decision No: 70/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WOMEN AGAINST PORNOGRAPHY of Auckland and PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...