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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 70/94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JARDINE INSURANCE BROKERS LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
Warning: This decision contains content that some readers may find distressing. Following the 15 March 2019 attacks on two mosques in Christchurch, 1 News at 6pm twice broadcast an edited clip taken from the alleged attacker’s 17‑minute livestream video. The Authority did not uphold a complaint that the broadcast was in breach of the good taste and decency and violence standards. The content of the clip, and the broadcast as a whole, was newsworthy and had a high level of public interest. The very brief clip was an edited segment of the livestream video which provided information to audiences, but which did not contain explicit graphic or violent content and did not promote or glorify the actions of the attacker. Specific warnings and extensive signposting ensured audiences were sufficiently informed about the disturbing nature of the content....
Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the item lacked balance and was misleading by failing to accurately present the perspective of the New Plymouth public who were opposed to Mr Judd’s proposed reforms. While it was framed primarily as a profile piece on Mr Judd, the item’s discussion of the proposed Māori ward triggered the requirement for balance....
The Authority has not upheld a complaint that an interview between Indira Stewart and Hon Judith Collins as part of Breakfast’s ‘weekly check-in’ with the Leader of the Opposition breached the balance and accuracy standards. While acknowledging the robust and heated nature of the interview, the Authority found that as the segment was an interview with the Leader of the Opposition, and provided her with the opportunity to respond at length, the balance standard was not breached. Further, while the complainant considered Stewart’s line of questioning and comments to be uninformed and inaccurate, the Authority found that these were not ‘statements of fact’ to which the accuracy standard applied. Not Upheld: Balance and Accuracy...
An item on Breakfast discussed Novak Djokovic, his recovery from COVID-19, his comments regarding efforts to contain the virus, and the others infected at a tennis tournament he organised. The Authority did not uphold a complaint the presenter’s description of Mr Djokovic as ‘a dick’ breached the good taste and decency standard. The Authority found the use of the word would not have caused widespread undue offence or distress or undermined widely shared community values. Not Upheld: Good Taste and Decency...
The Authority did not uphold a complaint that a 1 News at Midday item about the United States presidential election lacked balance because it included clips of Joe Biden supporters and Biden’s campaign, but not Donald Trump supporters or the Trump campaign. The US election, while it could be considered a controversial issue of public importance for the purposes of the balance standard, was an issue that was widely covered by the media, including by TVNZ. Balance is not achieved by a ‘stopwatch’ meaning broadcasters are not required to give equal time to alternative viewpoints. The lack of emphasis on Trump supporters and the Trump campaign in this particular item would not have left viewers uninformed and did not breach the balance standard, given the widespread coverage available including of Mr Trump’s campaign and supporters. Not Upheld: Balance...
Summary[This summary does not form part of the decision. ] The Authority has not upheld a complaint about the action taken by a broadcaster in response to a complaint it received about incorrect reporting of casualties in an event in Gaza. Three news bulletins on 1 News and 1 News Midday reported inconsistent numbers of Palestinians killed and injured following protests in Gaza. The broadcaster upheld a complaint that two of the bulletins were inaccurate, however the complainant was dissatisfied with the action taken by the broadcaster in response to these breaches and referred the complaint to the Authority on this basis. The Authority found that TVNZ took sufficient action, noting the broadcaster apologised in its decision to the complainant and circulated a reminder to all newsroom staff about the importance of reporting this type of information correctly....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – two days before General Election – item about 83-year-old skin cancer sufferer who had urgent operation cancelled three times – host explained that Minister of Health had refused to come on the show – programme included poll asking who should be next Prime Minister – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – story presented particular example, not a discussion of wider issue – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcast would not have misled viewers – not upheld Standard 6 (fairness) – complainant did not identify person or organisation treated unfairly – not upheld This headnote does not form part of the decision....
ComplaintLoud overreaching advertisements in religious programmes broadcast on Christmas Eve – breach of good taste Findings in Decision No: 2001-023 Standard G2 – presence and type of advertising not an issue of broadcasting standards – decline to determine Appeal against No: 2001-023 Upheld – complaint remitted to Authority to rehearFindings on Reconsideration Conjunction between programming and advertising did not breach standards of good taste – no uphold This headnote does not form part of the decision. Summary [1] The programmes screened on TV One between 10:15pm and midnight on Christmas Eve 2000 included carols, Christmas music and Bible readings. [2] John Watson complained to Television New Zealand Ltd, the broadcaster, that it was offensive for the commercial breaks during these programmes to feature Boxing Day bargains and an exhortation to end prostitution....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about dance troupe Real Hot Bitches – word "bitches" used throughout the item – separate item in same programme looked at sculpture of giant sperm in Christchurch's main square – member of the public used phrase "no shit" while being interviewed about sculpture – 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] An item on Close Up, broadcast on TV One at 7pm on Monday 29 September 2008, reported on an attempt to break a world record in which 3000 people took part in a synchronised dance routine. The record-breaking attempt was led by a Wellington dance troupe called Real Hot Bitches....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – presenter introduced item coming up after advertisement break – included footage from episode of Underbelly – showed a balaclava-clad man shooting at man sitting in a car – allegedly in breach of good taste and decency, fairness, programme information, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 10 violence) – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 6 (fairness) – standard not applicable – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision....
Complaint under section section 8(1B)(b)(i)Eating Media Lunch – “channel-surfing” segment – brief shot of “viewer’s” hands masturbating a penis-shaped dildo in front of the television – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – penis was obviously not real – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10pm on TV2 on 16 November 2007, contained a segment in which a “viewer” channel-surfed through a number of television programmes, some fabricated. The segment was constructed from the viewer’s point of view, so that the audience could see only the viewer’s hands. On three occasions, the viewer changed the channel to TV3, which was screening the breakfast show Sunrise. Each time, the viewer’s hands were shown doing something in the foreground....
Complaint under section 8(1)(a) of the Broadcasting Act 1989One Tree Hill – fictional series built around two young men with the same father – episode dealing with drink spiking and an attempted rape – contrary to children’s interests, incorrectly classified and insufficient warning – complaint upheld by broadcaster – action taken allegedly insufficientFindingsAction taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of One Tree Hill screened on TV2 at 3pm on Sunday 5 September 2004. One Tree Hill is a teen drama series built around two young men who share the same father, and it deals with issues which confront teenagers growing up in a modern society. [2] This episode included a sequence in which a young woman narrowly avoided being raped after having her drink spiked at a party....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....
ComplaintTeachers – promo – visuals of naked man – broadcaster not mindful of effect on children FindingsStandard G12 – promo farcical – not damaging to children – no upholdThis headnote does not form part of the decision. Summary [1] A promo for the programme Teachers was shown during the One News bulletin broadcast on TV One at 6. 00pm on 20 August 2001. The visuals included a naked man in a foetal position, and the man running naked down a corridor with his hands covering his private parts. [2] Glenette Menzies complained to Television New Zealand Ltd, the broadcaster, that the promo should not have been shown at that hour. [3] TVNZ declined to uphold the complaint, stating that the visuals of the naked man were not explicit and did not stray beyond currently accepted norms of decency and taste....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – segments concerning police shooting of innocent bystander – allegedly unbalanced Findings Standard 4 (balance) – programme discussed a controversial issue of public importance – views of the police were put forward by interviewees and viewer feedback – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 6. 50am during Breakfast, broadcast on TV One on Monday 26 January 2009, one of the hosts interviewed the New Zealand Police Association President, Greg O’Connor, following a fatal shooting by the Armed Offenders Squad of an innocent man the previous Friday. The host asked Mr O’Connor whether it was reasonable at this time to question the actions of the police officers involved. Mr O’Connor responded: . . . it’s an absolute tragedy and we have got nothing but sympathy for that family. . . ....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Real Crime: Interview with a Serial Killer – contained part of an interview with a serial killer who stated that he had snapped a woman’s neck – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – promo contained adult themes which would have disturbed and alarmed child viewers – promo incorrectly classified G – broadcaster did not adequately consider the interests of child viewers – upheld OrderSection 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] A promo for the programme Real Crime: Interview with a Serial Killer was broadcast at 5. 25pm on Wednesday 16 September 2009. It was shown in the G (General) timeband, directly after a One News update and just prior to a G-rated programme, Australian MasterChef....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye – focused on a chemical named paraphenylenediamine – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – standard did not apply – not upheld Standard 5 (accuracy) – no inaccurate or misleading statements – not upheld Standard 6 (fairness) – broadcaster not required to seek comment from the industry body – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TV One’s Close Up programme, broadcast on 25 May 2007 at 7pm, discussed the severe allergic reactions two women had experienced as a result of a chemical used in their hair dye....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalancedFindingsStandard 4 (balance) – programme did not question CYFS’ general policy of removing foster children who had been smacked by their foster parents – wider issue about acceptability of smacking was not the controversial issue discussed in the item – reconstructions of vandalism a matter of fairness, not balance – not upheldThis headnote does not form part of the decision. Broadcast [1] Sunday, broadcast on TV One at 7....