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An appeal against the decision was dismissed in the High Court but the order for costs was quashed: CIV 2011-485-1836 PDF110. 08 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter stated that supernova was “240 light years from Earth” – allegedly inaccurateFindingsStandard 5 (accuracy) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989OrdersSection 16(1) – $50 costs to broadcasterThis headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast on TV One at 6pm on 6 January 2011, reported on the discovery of a supernova by a 10-year-old Canadian girl. During the item the reporter stated: The Canadian Astronomical Society says Kathryn’s supernova was in a galaxy 240 light years from Earth....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reference to the “Labour Government” – allegedly inaccurate, unfair and in breach of standards relating to programme informationFindingsStandard 6 (accuracy) – “Labour-led” government acceptable shorthand – not upheld – majority considers “Labour” government acceptable shorthand – not upheld Standard 5 (fairness) – no issue of fairness arises – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast an item on Close Up on 21 July 2005 at 7pm. During the course of a political interview, the presenter used the term “Labour Government” to refer to the Government. Complaint [2] Vivienne Shepherd complained to Television New Zealand Ltd, the broadcaster, that the use of the term “Labour Government” was inaccurate, unfair and in breach of standards relating to programme information. She noted that the government was made up of a Labour-Progressive Coalition....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – weather item – after autumnal equinox the sun moves into the northern hemisphere – allegedly inaccurateFindings Standard 5 (accuracy) – colloquial phrase used to convey everyday attitude rather than technical information – not upheld This headnote does not form part of the decision. Broadcast [1] The weather announcer advised viewers of One News that, after the autumnal equinox, the sun moved back into the northern hemisphere. The statement was broadcast on TV One shortly before 7. 00pm on 20 March 2004. Complaint [2] Harry Evison complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate. The biblical notion of the sun “moving”, he wrote, was disproved by Copernicus in the 16th century and the statement made New Zealand look foolish in the eyes of viewers from overseas....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about 14-year-old boy accused of throwing eight kilogram slab of concrete from motorway bridge killing a motorist – boy had been granted name suppression – name of accused was shown for approximately five seconds written on a folder – complaint that broadcaster had breached name suppression order – broadcaster upheld complaint under law and order standard – complainant dissatisfied with action takenFindingsDecline to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] A One News item broadcast on TV One at 6pm on 3 July 2006 discussed a court case involving a youth accused of throwing an eight kilogram slab of concrete from a motorway bridge, killing a passing motorist....

The Authority has not upheld a complaint concerning a reporter’s thanking and farewell on behalf of ‘the tangata whenua, from the indigenous people here in Aotearoa’ in an interview with Chilli from TLC. The complainant considered it was ‘highly offensive and racist to single out specific groups of people and not include all people of New Zealand’. The Authority found the standard did not apply, as the comments did not target a recognised section of the community for the purposes of the standard. In any event, the comments did not reach the threshold required for a breach of the standard. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint an episode of Sunday breached the complainant’s privacy, and was unfair to the complainant, by broadcasting an image taken on the complainant’s property. The Authority found the complainant was not identifiable for the purposes of the privacy standard, and was not ‘referred to’ in the broadcast for the purposes of the fairness standard. Not Upheld: Privacy, Fairness...

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

A news item on the centenary celebrations of the Chinese Communist Party reported that as part of President Xi Jinping’s speech he said ‘anyone opposing China will have their heads bashed against a great wall of steel’. The complainant alleged this was inaccurate and unbalanced, mainly because TVNZ had cut off the full quote, which clarifies the ‘great wall of steel’ is forged by ‘1. 4 billion Chinese people’ and therefore conveys a more metaphorical meaning. The Authority found the item did not breach the accuracy standard on the basis that the broadcast was not likely to mislead viewers as a result of omitting part of President Xi’s sentence, and it was not inaccurate for TVNZ to use the more literal translation of ‘heads bashed’ over ‘collide’ in its translation....

The Authority has not upheld a complaint about an item on Q + A with Jack Tame that discussed a recent climate change report and recent high temperatures in the Antarctic region. The item included interviews with experts, one of whom described the high temperatures in Antarctica as an ‘extreme event that we've seen in the background of climate change’ and that we should expect more such events ‘as the world is warming’. The complainant alleged the broadcast misled viewers as extreme weather events are not becoming more frequent, the higher temperatures in Antarctica were inaccurate, humans do not cause climate change and no detrimental changes have been observed. The Authority found the broadcaster made reasonable efforts to ensure accuracy, including relying on authoritative experts, and the broadcast was unlikely to mislead viewers....

An item on 1 News reported on clashes between mourners and Israeli police at the funeral of Palestinian-American journalist Shireen Abu Akleh. The Authority did not uphold a complaint that the item was misleading by implying the locations of Abu Akleh’s death and her funeral were in Israel and by impliedly ‘exonerating’ Israel for its police force’s actions at the funeral and for Abu Akleh’s death. While the item did not specify the city or country where the events took place, the Authority found the generic place descriptors used combined with references to ‘Israeli police’ and ‘Israeli forces’ being present would not have misled the audience to believe the events occurred in Israel. It further found the broadcast did not impliedly ‘exonerate’ Israel. Not Upheld: Accuracy...

The Authority has not upheld a complaint that a 1 News item, reporting on the sustainability implications of the Government’s programme providing free period products to schools, breached the offensive and disturbing content broadcasting standard. The broadcast outlined types of sustainable period products and included a demonstration on how to wash period underwear, using red-tinted liquid. The Authority found the content was within audience expectations of the item, and news programming more generally, and unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

The Authority has not upheld a complaint about an item on 1 News, which reported on support for euthanasia in the lead up to the referendum. It was based on data from the Vote Compass tool, which had been used by more than 200,000 people. The complainant argued it was inaccurate to report that most New Zealanders, or 77% of Kiwis, were supportive of euthanasia, when only 77% of an unrepresentative group of 200,000 were supportive. The Authority found the report was linked to findings from the Vote Compass tool, and its use by 200,000 people, in a clear and transparent way. It found it was legitimate and of interest to the public to extrapolate the data as it did, and the broadcast was unlikely to mislead. Not Upheld: Accuracy...

The Authority has not upheld a complaint about the use of food in an episode of Taskmaster NZ, a game show in which comedians are tasked with completing strange and whacky challenges. The complaint was that the wastage of food and playing with food was offensive and disrespected tikanga. The Authority found in the context of a game show intended to be entertaining and humorous, the content did not undermine community standards or cause harm that justified limiting the broadcaster’s right to freedom of expression. The Authority noted that the broadcaster acknowledged the complainant’s concerns relating to tikanga and had discussed this with its content team. Not Upheld: Good Taste and Decency...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on, and interviewed, young Māori activist who expressed his views on the Government’s sale of state assets and mining proposals – presentation of item allegedly in breach of good taste and decency, controversial issues, and discrimination and denigration standardsFindingsStandard 7 (discrimination and denigration) – views expressed by Wikatane Popata represented one end of a political spectrum – his views were described as radical and audience would have understood that they were not representative of all Māori or young Māori – item did not encourage the denigration of, or discrimination against, any section of the community – not upheld Standard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on the Popata brothers and their political views – reporter took “devil’s advocate” approach and programme included viewer feedback – not upheld Standard 1…...

ComplaintOne News – item reported findings of preliminary study reported in Science – excessive amounts of vitamin C – possibly carcinogenic – inaccurate and unbalanced FindingsStandard G1 – tentative nature of research stressed – no uphold Standard G6 – care when interpreting result emphasised – no uphold This headnote does not form part of the decision. Summary The preliminary results of a research programme which suggested that excessive doses of vitamin C might contribute to tissue damage linked to cancer was the subject of an item on One News broadcast at 6. 00pm on 15 July 2001. Glenn Seal complained to Television New Zealand Ltd, the broadcaster, that the item was neither accurate nor balanced. In response, TVNZ pointed out the item’s emphasis on the preliminary nature of the research, and added that it was not claimed that vitamin C caused cancer. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved an Alzheimer’s sufferer who enlisted the help of his son to capture, torture and kill young blonde women – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standards FindingsStandard 8 (responsible programming) – violence was graphic and deeply disturbing – amounted to stronger material which warranted AO 9. 30pm classification – upheld Standard 10 (violence) – programme should have been broadcast later – warning was not adequate – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 1 (good taste and decency) – programme material warranted higher classification – warning was inadequate – level of violence and menacing themes were more extreme than in other 8....

ComplaintsPromos – Mercy Peak x 3 – The Swap x 1 – Bad Girls x 1 – offensive language – classification – violence – two aspects of one complaint upheld by TVNZ – excessive violence and wrongly classified – reasons for promos advanced by TVNZ as informing and attracting viewers by using interesting and intriguing sequences FindingsStandard 1 and Guideline 1a, Standard 7 and Guideline 7b, Standard 10 and Guideline 10c – five promos did not contain offensive language or offensive behaviour – no uphold; the four promos contained minimal violence and were not inappropriately classified – no uphold This headnote does not form part of the decision. Summary [1] Promos for Mercy Peak, The Swap and Bad Girls were broadcast by TVNZ at various times and on different days in April 2002....