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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 49/95 Dated the 15th day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HEATHER MINNIS of Marton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Summary [This summary does not form part of the decision. ]Two items broadcast on Te Karere reported on Green MP Marama Davidson’s experiences as part of the ‘Women’s Boat to Gaza’ protest, which aimed to draw attention to Israel’s naval blockade of Gaza. The Authority upheld a complaint that the reporter’s reference during the first item to the ‘illegal’ Israeli blockade was inaccurate. The legality of the blockade was a contentious and unresolved issue, with two UN reports taking conflicting positions on the point. The Authority therefore considered that the broadcaster should have qualified its statement with reference to the disputed legality of the blockade, rather than referring to it unequivocally as illegal....

Summary[This summary does not form part of the decision. ]An episode of Dog Squad showed dog handlers with the Department of Corrections searching visitors to a prison. The episode showed two occasions of the complainant (SW) being searched; firstly, her bag was searched when she was driving onto prison premises, and secondly, a sniffer dog identified that she was carrying contraband (tobacco) inside the prison and she was shown surrendering this to Corrections staff. In both instances her face was blurred. The Authority upheld SW’s complaint that broadcasting the footage breached her privacy. She was identifiable despite her face being blurred (by clothing, body type, voice, etc), and the disclosure of private facts about her, including prescription drugs she was taking, among other things, was highly offensive....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an episode of Breakfast, in which the hosts and viewer feedback discussed people stealing at supermarket self-service checkouts by putting in the wrong code for items they are purchasing. The Authority found the programme did not actively encourage viewers to steal or break the law in breach of the law and order standard. Across the programme as a whole, the hosts and viewers offered a range of views on the ethics of stealing at self-checkouts, including strong views against such behaviour, and clearly acknowledged it was ‘theft’ and illegal. The tone of the discussion was consistent with audience expectations of Breakfast and its hosts, and would not have unduly offended or distressed viewers, so the good taste and decency standard was also not breached....

The Authority has not upheld a complaint that two answers provided during Mastermind New Zealand, about historical New Zealand events, were inaccurate and unbalanced. The Authority noted that both questions appeared to have been answered accurately by the contestant. Viewers were unlikely to be left misled or misinformed by the omission of further context around these answers, particularly given the well-known quiz format of the programme. The programme did not discuss a controversial issue of public importance, given historical events were raised only briefly in the form of quiz questions, and the requirements of the balance standard therefore did not apply.   Not Upheld: Accuracy, Balance...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – instrumental excerpts from the song “Smack My Bitch Up” by Prodigy played in the background during item reporting on violence against women – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – broadcast not unacceptable in context and within broadcaster’s right to freedom of expression – only viewers who knew the song would have recognised it from the instrumental excerpts – use of the instrumental excerpts did not undermine the important message of the segment but drew attention to, and raised awareness of, the issue – rhythm and tone of music fitted segment – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...

Download a PDF of Decision No. 1993-173:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-173 PDF259. 91 KB...

Download a PDF of Decision No. 1992-070:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-070 PDF484. 44 KB...

Download a PDF of Decision No. 1991-050:Wardlaw and Television New Zealand - 1991-050 PDF632. 24 KB...

The Authority has not upheld complaints about a Breakfast interview with Labour MP Tangi Utikere. During the interview, Utikere was asked about reports of a ‘leaker’ within the Labour caucus, and was repeatedly questioned on whether he himself was the leaker. The complainants alleged the interview amounted to bullying and denigrated Utikere. The Authority acknowledged the questioning was sustained, but was within the scope of the type of questioning expected of a politician, particularly in the lead up to an election, and the broadcast was not in breach of the fairness standard (with respect to treatment of Utikere or former Minister Kiritapu Allan). The balance and discrimination standards were either not applicable or not breached.   Not Upheld: Fairness, Balance, Discrimination and Denigration...

The Authority has upheld a direct privacy complaint about a 1News item regarding a TVNZ on-demand series investigating Destiny Church. The item featured excerpts of an interview from the series, with a former member of the church who participated on the condition her face would remain hidden. The complaint was that the interviewee’s facial features were visible in the broadcast, which in the complainant’s view represented a ‘grave failure’ by the broadcaster to meet its obligations to protect the interviewee, given the seriousness of the circumstances and risk of harm to them. TVNZ accepted there was a breach of the privacy standard on the basis the interviewee’s face was visible to some viewers in certain viewing conditions, which the interviewee had not consented to. The Authority agreed and upheld the complaint as a breach of the interviewee’s privacy....

The Authority has not upheld a complaint that a promo for comedy series Colin from Accounts which included a brief reference to one character’s ‘move,’ ‘the nipple flash,’ breached the children’s interests standard. The Authority found nothing in the promo was inappropriate for, or likely to adversely affect, children; it was broadcast during an unclassified news programme that routinely includes content potentially unsuitable for children, meaning adult supervision was expected; there was no explicit nudity or sexual content in the promo; and the reference was fleeting and not outside audience expectations. Not Upheld: Children’s Interests...

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 item on 1News where a reporter repeatedly asked Winston Peters ‘Has the Prime Minister asked you to pull your head in? ’ The complainant alleged these comments were rude and biased. The Authority did not uphold the complaint as while some members of the audience may have found the questioning rude, it was within audience expectations of programmes such as 1News and was unlikely to cause widespread offence and distress. The discrimination and denigration standard did not apply. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration...

The Authority has not upheld a complaint about language used in a Seven Sharp interview with Neil Finn. At two separate points in the interview, presenter Jeremy Wells and Finn referred to another band member as ‘a GC’ and a ‘good [beep]’; and later Finn quoted a review of his own album, which said, ‘red card, you [beep]’. The Authority found the broadcast was unlikely to cause widespread disproportionate offence or distress, and unlikely to adversely affect child viewers, taking into account: Seven Sharp is an unclassified news and current affairs programme targeted at adults (during which adult supervision is expected); the content was consistent with audience expectations of Seven Sharp and Jeremy Wells; Wells and Finn had the right to express themselves in language of their choosing (within the boundaries of the standards); and all uses of the c-word were appropriately censored....

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 Appeal and Judicial Review sought by TVNZ against original findings (see Decision 2001-014) to uphold the complaint that, by reference to TVNZ’s Journalists’ Manual, "the Occupied Territories" is the correct term – no order Appeal dismissed Judicial ReviewConsent order – matter remitted back to the Authority Findings on ReconsiderationStandard G14 – majority – caption "The Contested City" sufficient given item’s focus on peace talks and freedom of expression in Bill of Rights – minority – caption inaccurate – of material importance – freedom of expression does not apply to material inaccuracy – overall – no uphold This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on the experience and fears of one woman dealing with her mentally-ill ex-husband – woman described her ex-husband as dangerous – dealt with failures of the mental health system – allegedly in breach of accuracy and discrimination and denigration standards FindingsStandard 5 (accuracy) – woman gave her opinions about her husband, did not make statements of fact about people with bipolar disorder in general – viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – did not encourage discrimination against, or denigration of, people with bipolar disorder or mental illness – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – viewers’ poll questioning whether the New Zealand Government should have apologised to India for Paul Henry’s controversial remarks – included edited footage from a debate on an Indian television network – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – editing of the Indian programme was not misleading – excerpt included comments both for and against Mr Henry – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Close Up, broadcast on TV One at 7. 30pm on 8 October 2010, included a poll asking viewers whether they agreed with the New Zealand Government’s apology over Breakfast presenter Paul Henry’s recent controversial remarks....