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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....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

The Authority has reconsidered and not upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb, following TVNZ appealing the Authority’s original decision to the High Court. The item featured an interview with a resident reported as being ‘too scared to be identified’. The Authority originally found she was identifiable and the High Court dismissed the appeal on that point but directed the Authority to reconsider the remaining issues in light of new affidavit evidence filed by TVNZ in the appeal. Having reconsidered the matter, the Authority remained of the view the disclosure of the woman’s identity in the circumstances would be highly offensive to an objective reasonable person. However, based on the affidavit evidence the Authority found the defence of informed consent was available to the broadcaster. Not Upheld: Privacy...

The Authority has not upheld a complaint that an item on 1 News reporting on the Government’s financial accounts breached the accuracy standard. The complainant alleged the Political Editor’s statement in the item that “…a bigger tax take has meant the deficit is half what was predicted in the May budget, a saving of more than 9 billion” was inaccurate, as it gave the impression that the lower-than-forecast deficit was achieved entirely from a bigger tax take, when almost a third of the saving came from less Government expenditure than predicted. While acknowledging the statement may have been misleading taken in isolation, the Authority found the brief statement would not have significantly affected the audience’s understanding of the item as a whole. Not Upheld: Accuracy...

The Authority has not upheld a complaint that the inclusion of a clip during Seven Sharp of two people pitch invading or ‘streaking’, one of whom was in a wheelchair, breached the promotion of illegal or antisocial behaviour standard. While the Authority acknowledged streaking is illegal at major sporting events, the streaking in the clip occurred at a club football match. The reason the clip was highlighted and presented in a positive light was because one of the streakers was in a wheelchair, which is not a typical occurrence, and because the clip had been shared around the world. Further, at the beginning of the clip the host explicitly commented ‘Pitch invasion is frowned upon these days. ’ In the circumstances, the Authority found the clip was unlikely to promote or encourage streaking. Not Upheld: Promotion of Illegal or Antisocial Behaviour...

The Authority has not upheld a complaint that a 1News segment on various extreme weather events in the United States breached the accuracy standard on the basis it did not refer to the climate crisis as a causative factor. The Authority found not mentioning the climate crisis did not give a wrong idea or impression of the events depicted and would not have misled viewers. Whether or not to mention climate change was a matter for the broadcaster’s editorial discretion. Not Upheld: Accuracy...

The Authority has not upheld a complaint about a Seven Sharp segment on the cancellation of drag storytime events due to ‘nasty backlash online’ from Destiny Church and Family First. The complainant considered the segment discriminated against and denigrated Christians, men, and others with conservative values, was unbalanced, and was unfair towards Destiny Church, Family First, and those with ‘traditional family values’. The Authority found the standards did not apply to the broad group of people holding the particular values specified. It found the segment did not encourage the discrimination or denigration of Christians, and the phrase ‘don’t be a dick’ was not ‘anti-male’, as claimed by the complainant. It found the broadcast adequately presented significant perspectives in compliance with the balance standard....

The Authority has not upheld a complaint that a Seven Sharp segment breached the offensive and disturbing content standard. The complainant alleged co-host Jeremy Wells held a cucumber in a way that could be ‘likened to a man holding an erect penis’. The Authority found any innuendo in Wells’s behaviour was low-level and would not have disproportionately offended or disturbed regular Seven Sharp viewers, noting the segment’s light-hearted tone. The Authority noted adult supervision is expected during news and current affairs programmes and such content did not require an audience advisory. Not Upheld: Offensive and Disturbing Content...

The Authority has not upheld a complaint under the balance and accuracy standards about a 1News report on the start of a ceasefire deal between Hamas and Israel, and the first hostage/prisoner exchange as part of the deal. The complaint included claims the broadcast: failed to identify the West Bank as occupied; inaccurately cited how many were killed at the Nova festival and the identity of those attending the festival; inaccurately described the origin of the cars in the ‘car wall’; used ‘gratuitous adjectival framing to discredit Palestinian supporters’; and was overall unbalanced. Noting the challenges of verifying certain facts presented in the broadcast, the Authority did not uphold the complaints under the accuracy standard on the basis reasonable efforts had been made to ensure accuracy, or the relevant points were not materially inaccurate or misleading....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-065 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D A ARMSTRONG of Timaru Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority did not uphold a complaint about an item on 1News discussing the Government’s announcement of a new funding package for Pharmac, which included ‘up to seven’ of the 13 cancer drugs earlier promised by the National Party. The item’s introduction questioned, ‘Where does that leave the remaining six cancer-fighting drugs National pledged? ’ The complaint was that the item was inaccurate, unfair and biased, by failing to mention that the Government had committed to replacing the remaining six drugs with ‘alternatives just as good or better’ (which other news outlets had reported). The Authority agreed the item was misleading by omission, by not specifically answering the question of what happened to ‘the remaining six’ drugs – which was a material point and carried public interest, in particular for those counting on receiving the promised medicines....

The Authority has not upheld a complaint that a segment on 1News about Oranga Tamariki-run bootcamps breached the balance standard. The complainant considered the 1News reporter’s attitude, questioning and body language evidenced a ‘left bias’ and ‘a fair representation of the story’ was not given. The Authority found the balance standard was not breached as the broadcast presented sufficient viewpoints and the audience could reasonably be expected to be aware of additional perspectives from other media coverage. The Authority noted the standard does not direct how questions should be asked or require news to be presented without bias. Not Upheld: Balance...

The Authority has not upheld a complaint regarding an item on 1News covering a Hobson’s Pledge campaign against bilingual road signage. The complaint was that the coverage was biased and unfair by suggesting feedback using the Hobson’s Pledge template was ‘bad’, trying to influence how people gave feedback, and only interviewing members of the public in support of bilingual signage. The Authority found the broadcaster provided sufficient balance and the item was not unfair, as Hobson’s Pledge was given an opportunity to comment, and its position was adequately presented in the item. The complaint did not identify any inaccurate statement or reasons why the item was inaccurate, and the discrimination and denigration standard did not apply. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...

The Authority has not upheld a complaint that a segment on 1News discussing a recent Government policy announcement that referendums would be introduced for Māori wards on local councils breached the balance standard. The complainant considered the segment biased against the Government policy on reintroducing referendums given the choice of viewpoints presented, content and language included. The standard does not require opposing viewpoints to be given the same amount of time or number of speakers. The Authority found the broadcast sufficiently presented significant viewpoints. Not Upheld: Balance...

The Authority has upheld an accuracy complaint about a statement, ‘Public submissions for Phase Two of the Inquiry closes at midnight tonight’, in a 1News item reporting on the deadline for submissions to the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the statement was materially inaccurate as the correct deadline was the following night and, in the context of the broadcast, this was a material point of fact. The COVID-19 Inquiry’s communications regarding the deadline for public submissions could have been clearer, but TVNZ did not make reasonable efforts to ensure accuracy. It relied on information from official press releases and communications by the Inquiry but did not seek clarification of the ambiguous deadline from a relevant person/organisation....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 63/94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MAURICE NEW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

The Authority has not upheld a complaint regarding the language used in a post-match interview on 1 News. The Southland Rugby captain used the phrase ‘shove it up their arse’ in response to a question on what he would say to ‘the detractors’. The Authority found this was low-level coarse language, within audience expectations, and recognised the value of allowing interviewees to express themselves in their own words. Not Upheld: Good Taste and Decency...