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Complaint under section 8(1)(a) of the Broadcasting Act 1989Rude Awakenings – scene in which man and woman have sex on a table – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Rude Awakenings was a New Zealand drama series focussing on the lives of neighbouring Ponsonby families. An episode screened at 8. 30pm on Friday 16 February included a scene in which one of the central female characters – who was dissatisfied with her marriage – had sex with her personal trainer on a table. The personal trainer continued to watch sport on television while having sex. [2] The scene was shot from behind the male character, whose naked buttocks were visible. No female nudity was shown....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes promo broadcast during One News – interview with crime novelist – said “I’m going to tell you about how to commit the perfect murder” – allegedly in breach of law and orderFindingsStandard 2 (law and order) – promo consistent with law and order – no glamorisation of crime – crime novelist promoting her work – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the Holmes show aired on TV One at 6. 20pm on 27 October 2004. The presenter announced that he would be interviewing Tara Moss, a former model and “Australia’s number one crime writer”. The author was then shown to say: Join me tonight…on the Holmes show, and I’m going to tell you about how to commit the perfect murder....

ComplaintLexus Sunday Theatre: Hound of the Baskervilles – Promo – Jesus Christ – blasphemy FindingsStandard 1 and Guideline 1a – context – no uphold Standard 6 and Guideline 6a – did not encourage denigration – no uphold This headnote does not form part of the decision. Summary [1] "Jesus Christ" was the phrase uttered by a character shown in the promo for The Hound of the Baskervilles. The promo for the Sherlock Holmes drama, to be screened on "Lexus Sunday Theatre", was broadcast on TV One at about 7. 15pm on 31 May 2003. [2] Evan Swale complained to Television New Zealand Ltd, the broadcaster, that use of the phrase "Jesus Christ" was denigratory, and insulting and offensive. [3] In response, TVNZ acknowledged that the use of the phrase in that way could cause offence to devout Christians....

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 July 2002 at 9. 35pm on TV One included a scene of two males having sex. [2] N N Rodley complained to Television New Zealand Ltd, the broadcaster, that the scene was too graphic, and that he had "never seen two males copulating on TV. " [3] In declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Rodley referred the complaint to the Broadcasting Standards Authority under s....

ComplaintAssignment – documentary about child abuse – archival footage of Heperi family used – permission not sought – unfair – breach of privacy FindingsStandard G4 – disturbing and upsetting, but not unfair – no suggestion of link to child abuse – use of footage ethically questionable – broadcasters to take special care – no uphold Privacy – deceased person not an "individual" within meaning of the Act – other family members do not meet identification threshold – no uphold This headnote does not form part of the decision. Summary A documentary on TV One’s Assignment programme, broadcast on 2 November 2000 at 8. 30pm, endeavoured to identify the root causes of child abuse and violence in the Maori community....

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and TVNZ News at Eight – news items before documentary The Investigator: The Case Against Robin Bain screened – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – news items stated that Mr Bruce had drawn conclusions about Robin’s alleged motive through examining the testimony of a surprise witness – did not state what his conclusions were – allegedly in breach of accuracy standardOne News Tonight and TVNZ News Now – late-night news items after the documentary screened revealed Mr Bruce’s conclusions about the surprise witness – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – promotion of the documentary and embargo on the details of Mr Bruce’s findings did not result in any of the news items being inaccurate or misleading – not…...

Summary An interview with a bisexual author of erotic books was included in 60 Minutes broadcast on TV One on 31 October 1999 between 7. 30–8. 30pm. The woman described herself as "an amateur sexologist" and explained how she had become an expert on the subject of erotica. Mr Hausmann complained to Television New Zealand Ltd, the broadcaster, that the material was pornographic, breached the good taste standard and was unsuitable to be shown at a time when younger viewers could be watching. He also maintained that the item lacked balance because it did not show the serious downside of what he termed sexual addiction. TVNZ responded that the programme had profiled a New Zealand woman who had been approached by a publisher to produce a work on female erotica. It suggested that the complainant had made an unfair assumption by concluding that the woman had a sexual addiction....

ComplaintOne News – offensive language – film title – 'shagged' FindingsStandard G2 – decline to determineCross ReferencesDecision No: 1999-163 and No: 2000-056 This headnote does not form part of the decision. Summary An actor from the film "Austin Powers – The Spy who Shagged me" was interviewed on Holmes on 9 February 2000 between 7. 00–7. 30pm. The item included audio and video clips from the film and the word "shagged" appeared in a graphic containing the film’s title. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an "offensive, aggressive, macho anti-woman term" and should not have been promoted in an item which was "irresistible to all members of the family, including impressionable children"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about a celebrity’s breasts, “Get your girls out” – in another segment host referred to music album, “Sex on Fire”, before stating, “Gonorrhoea anyone? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comments not to everyone’s taste but would not have offended regular Breakfast viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast, broadcast on TV One at approximately 7. 30am on Tuesday 19 October 2010, reported on a well-known New Zealand jeweller who had enlisted the help of an international celebrity to boost his publicity while promoting a competition in New York....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on legal aid lawyer Charl Hirschfeld’s resignation – stated that his “resignation comes within days of the Law Society launching an investigation into his legal aid work”, he “topped the legal aid rich list”, the LSA had “completed an investigation into payments to Mr Hirschfeld” and “in the last year Charl Hirschfeld netted $3. 2 million in legal aid money” – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – Mr Hirschfeld’s arguments primarily issues of semantics – statements not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster treated Mr Hirschfeld fairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 26 January 2011, reported on legal aid lawyer Charl Hirschfeld’s resignation....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Good Morning – included interview with author and Associate Professor of Psychology Niki Harrè about her new book – Ms Harrè was referred to as a “psychologist” in ‘coming-up’ teaser – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – single reference to “psychologist” in the ‘coming-up’ teaser was not a material point of fact – term used colloquially and not intended to denote technical meaning – any impression created was clarified by the item itself – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Good Morning was broadcast on TV One on 19 October 2011. The episode included an interview with Niki Harrè who was introduced as “author and Associate Professor of Psychology”, about her new book on the psychology of sustainability....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Frontier of Dreams – history of New Zealand – first two episodes – stated that first migrants settled in New Zealand about 800 years ago – allegedly inaccurateFindingsStandard 5 (accuracy) – programme based on modern scholarship and the current understanding of scientific evidence – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Frontier of Dreams is a television history of Aotearoa/New Zealand. The first broadcast, a double episode, was screened on TV One at 7. 30pm on 24 September 2005. The first episode dealt with the history of New Zealand before settlement by humans which, it said, occurred about 800 years ago. While acknowledging that New Zealand might have been visited by humans earlier, the programme said the first migrants arrived about 800 years ago. This account was repeated in the second episode....

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained images of bare breasts and buttocks, and brief frontal shots of two naked women – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – images of naked women not sexualised or intended to titillate – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 7 (programme classification) – programme was appropriately classified PGR – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7. 30pm on 31 August 2007, contained video footage of a number of women featuring bare breasts, buttocks and two brief full frontal shots of naked women....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – episode showed three dogs being taken from their owner as they were not registered and were aggressive towards other dogs – allegedly in breach of law and order, controversial issues and responsible programming standards FindingsStandard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – focus was on dogs being removed from owner because they were not registered – not upheld Standard 4 (controversial issues) – programme did not discuss a controversial issue of public importance – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Download a PDF of Decision No. 1993-054:Harang and Television New Zealand Ltd - 1993-054 PDF314. 43 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Between the Sheets – promo broadcast during One News at about 6. 30pm – allegedly gratuitously violent Findings Standard 10 and Guideline 10a (gratuitous violence) – in view of brevity of the relatively innocuous incident included in a promo broadcast during the news, broadcaster showed care and discretion – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified Between the Sheets was broadcast during One News on TV One beginning at 6. 00pm on 4 January 2004. The promo briefly showed one man striking another, who fell back after being struck on the jaw or lower face. Complaint [2] Cliff Turner complained to Television New Zealand Ltd, the broadcaster, that the violence was gratuitous and unacceptable at that hour....