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Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – update on a 2005 story about a Chinese family – father had been deported and mother was fighting a deportation order – interviewed the couple’s three children – daughter was shown distressed and in tears – allegedly unfair Findings Standard 6 (fairness) – broadcaster failed to use discretion and sensitivity when interviewing child about a distressing situation – child was exploited – unfair – upheld Order Section 13(1)(a) – broadcast of a statement Section 16(4) – payment of costs to the Crown $1,500 This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 14 November 2006, discussed a long-running court case involving a Chinese couple who had come to New Zealand on a working visa more than a decade ago....

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

ComplaintOne News, Te Karere – report on death of child – footage showing child’s body – disclosure of private facts which are highly offensive and objectionable; broadcast not in the best interests of the child – child’s body shown FindingsPrivacy – deceased person not an individual under the Broadcasting Act – no uphold ObservationNotwithstanding that the footage was not consistent with the respect normally shown in death, the unique circumstances justified the broadcast – the Authority recommends that broadcasters seek independent and relevant Maori cultural advice when dealing with important matters relating to Maori This headnote does not form part of the decision. Summary A report describing the circumstances surrounding the death of a child who had been killed by his mother’s partner was the subject of items on One News and Te Karere, broadcast on 25 June 2000 at 6. 00pm and 26 June at 5. 15pm respectively....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – programme asked viewers for their opinions on changing the New Zealand flag – showed five flag options – allegedly inaccurate FindingsStandard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate on material points of fact or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Friday 5 February 2010, asked viewers for their opinions on changing the New Zealand flag. The programme ran a poll to determine viewers’ preferences for a proposed flag and provided them with five different options to choose from....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 15/95 Dated the 16th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P H E BLOOMER of Napier Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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...

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an upcoming boxing match between Joseph Parker and Andy Ruiz for the World Boxing Organisation (WBO) heavyweight champion title. The presenter introduced the item by saying, ‘Well, the fight is set to make history whichever way it goes. There’s never been a New Zealand or Mexican world heavyweight champion’. The Authority did not uphold a complaint that the presenter’s statement was inaccurate because a New Zealander, Robert ‘Bob’ Fitzsimmons, was the first heavyweight champion in 1897. The complaint related to a technical interpretation of Fitzsimmons’ nationality, which was not a material point of fact that was likely to mislead viewers in the context of this news item....

Summary[This summary does not form part of the decision. ] An item on 1 News reported on an alleged ‘mistake’ by the Ministry of Foreign Affairs and Trade (MFAT), which the reporter, Andrea Vance, said ‘cost the taxpayer a quarter of a million dollars’. The item referred to MFAT’s action in waiving the diplomatic immunity of an MFAT employee – the complainant – to allow child custody and matrimonial proceedings to be heard in an overseas court. According to Ms Vance, MFAT’s actions were disputed by the complainant’s ex-partner, resulting in MFAT issuing an apology and payment of ‘legal bills’ to both the complainant and the complainant’s ex-partner. The Authority upheld aspects of a complaint from the MFAT employee that the item was inaccurate, unbalanced and unfair....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on the Government’s intention to remove a benefit reduction sanction that can apply to sole beneficiary parents who do not name the remaining parent. The complainant alleged the item was unbalanced and misleading, as the report omitted details about the exemptions that can apply to the sanction, including that a parent will not have to name the other parent where the child or sole parent could be at risk of violence. The Authority found that the focus of this item was the Government’s desire to remove the sanction. The omission of details about the exemptions was therefore not material to the overall focus of the item, and did not mislead viewers....

Warning: This decision contains content that some readers may find distressing. On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied....

The Authority has upheld a complaint that an item on Fair Go that dealt with various issues arising from a house being built breached the accuracy and fairness standards. The Authority found the programme was inaccurate and misleading in its portrayal of the issues involved in building the house. It found the complainants were portrayed unfairly and their views were not fairly reflected in the programme. It also found there was no breach of the privacy standard, and the balance standard did not apply as the programme did not deal with a controversial issue of public importance.   Upheld: Accuracy, Fairness Not Upheld: Privacy, Balance Orders: Section 13(1)(a) broadcast statement on air and online; Section 16(1) $2,000 legal costs and $98. 70 disbursements, Section 16(4) $1000 costs to the Crown...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 “Breaking News” caption – “breaking news ticker” broadcast during advertisement break stated, “Breaking News. . . Container ship breaks apart. . . Tugs racing to the scene. . . More on One News at 4. 30, 6pm and at tvnz. co. nz” – information inaccurate – question whether the breaking news ticker was a “programme” for the purposes of the Broadcasting Act 1989 and therefore whether the Authority has jurisdiction to accept the complaint    Findings “Breaking news ticker” consisted predominantly of alphanumeric text and therefore excluded from the definition of “programme” – Authority does not have jurisdiction to accept the complaint This headnote does not form part of the decision.  ...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item interviewed Christchurch women who wanted to cancel their gym contracts due to the closure or relocation of premises – reported that Configure Express Northlands had relocated but that members could not cancel their contracts without incurring financial loss – barrister gave legal advice that the contracts had been frustrated and were unenforceable – allegedly in breach of accuracy and fairness standardsFindingsStandard 6 (fairness) – item contained comments from two women which suggested their issues related solely to relocation, that the gym refused to refund them and that they would be significantly out of pocket – omitted important information about the women’s individual circumstances – impression not mitigated by opportunity given to the complainant to respond to the issues – reasonable to expect Fair Go to adhere to the same high standards the programme imposes on others – complainant…...

Summary[This summary does not form part of the decision. ]An episode of The Hard Stuff with Nigel Latta focused on issues around retirement. At the beginning of the episode, Nigel Latta was transformed into an elderly man using special effects make-up. He reacted to his transformation with the exclamation, ‘Oh my God! ’ The Authority did not uphold a complaint that this language was offensive and that presenters of current affairs or documentary programmes should be required to use a higher standard of language. The Authority followed its findings in previous decisions that expressions such as ‘Oh my God’ are often used as exclamations and are not intended to be offensive. It was satisfied that in the context it was used by the presenter, the expression would not generally be considered to threaten current norms of good taste and decency....

The Authority received a complaint about a promo for a scheduled programme Seven Sharp which was viewed on TVNZ’s Facebook page. The Authority declined to determine the complaint under s11(b) of the Broadcasting Act 1989. The Authority acknowledged that it raised complex issues of jurisdiction arising from the online environment, which had not yet been determined by the Authority. Taking into account its assessment of the substance of the complaint, which it considered was unlikely to result in a finding of a breach of standards, the Authority declined to determine the complaint. Declined to determine: Violence, Law and Order, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]Two ONE News items covered the lava eruption of Mount Kilauea that threatened a small town in Hawaii. The complainant alleged that the temperatures of the lava given in the news items were inaccurate. The Authority declined to determine the complaint on the basis it was trivial, as it related to a technical and insignificant aspect of the broadcast. The complainant continues to refer similar complaints to the Authority despite previous decisions. Declined to determine: AccuracyIntroduction[1] Two ONE News items covered the lava eruption of Mount Kilauea which threatened a small town in Hawaii. [2] Mr McDonald complained that references to the temperatures of the lava in the two items were inaccurate. [3] The issue is whether Mr McDonald's concerns raise issues of broadcasting standards of a level which warrant our determination....

Summary[This summary does not form part of the decision. ]During her ‘final word’ segment on Seven Sharp presenter Toni Street discussed her support for arming front-line police officers with tasers and mentioned the recent murder of Blessie Gotingco. The Authority did not uphold a complaint that her comments were inaccurate and misleading. Ms Street’s comments were clearly opinion which were exempt from standards of accuracy; she did not connect the use of tasers to Blessie Gotingco’s murder; and she did not make any statements of fact that were inaccurate or would have misled viewers. Not Upheld: AccuracyIntroduction[1] During her ‘final word’ segment on an episode of Seven Sharp, presenter Toni Street discussed her support for the recent move to arm front-line police officers with tasers. She said:Alright, according to our poll on tasers tonight. . . drumroll. . ....

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