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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-043 Decision No: 1997-044 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NE and MH ARCHER (2) of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-041 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 74/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DENNIS WALKER of Havelock North Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

The Authority has not upheld a complaint a 1News item breached the discrimination and denigration, and accuracy standards by stating allegations of a ‘white genocide’ in South Africa were a ‘conspiracy theory’ and omitting to include footage shown by United States President Donald Trump to South African President Cyril Ramaphosa. The Authority found the statement and omission of footage were not materially misleading because the ‘white genocide’ allegations have been repeatedly debunked and widely discredited, with numerous sources calling the allegations a ‘conspiracy theory’. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on a strip club package for supporters of Lions rugby tour – naked women shown playing pool – demonstration of lap dancing – bedroom with mirrors shown – allegedly offensive, inappropriately classified and unsuitable for children – presenter said “stuff you bitch” at end of programme about another matter – allegedly offensiveFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – not applicable to news and current affairs – not upheld Standard 9 (children’s interests) – sufficient earlier indications of focus of item – not upheldThis headnote does not form part of the decision. Broadcast [1] The package offered by a strip club for Lions rugby supporters was covered in an item on Holmes broadcast on Prime at 7. 00pm on 24 May 2005....

ComplaintHolmes – lifting of moratorium on commercial release of genetically modified organisms – studio debate – “Trust and Country Image” report discussed – complainant maintained he accurately quoted report – presenter allegedly misrepresented report – presenter allegedly unfairly criticised complainant Findings Standard 5 – presenter’s introductory statement on report inaccurate – upheld Standard 5 – presenter’s criticism a question of fairness, not accuracy – issue considered under Standard 6 Standard 6 – presenter’s vehement interjection amounted to accusation of deliberate misrepresentation – content, manner and tone of interjection an unfair overreaction – upheldNo OrderThis headnote does not form part of the decision Summary [1] An item broadcast on Holmes on TV One on 23 October 2003 dealt with the lifting of the moratorium on the commercial release of genetically modified organisms....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on recent memorial to Māori Battalion in Gisborne – noted Maori Battalion had highest casualty rate of any New Zealand unit in the war – allegedly inaccurateFindingsPrinciple 5 (accuracy) – ambiguity in words used – complainant and broadcaster took different meaning from words – unable to determine accuracy – declined to determine under s11(b) of Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News on 11 July 2004 noted the unveiling of a memorial to the Māori Battalion which fought in the Second World War. The item included the statement: By the time the Māori Battalion arrived home, they’d suffered the highest casualty rate of any unit in the war, 680 men killed....

Complaint Private Investigators – complainants’ boat repossessed from their property – no attempt to pixellate them – humiliating – breach of privacy FindingsStandard 3 and Guideline 3a – Privacy principle (i) – facts disclosed objectionable – no public interest – uphold OrderBroadcast of statement; compensation of $750 to each of the complainants This headnote does not form part of the decision. Summary [1] The repossession of a boat on which money was owing for the outboard motor was shown in a segment on Private Investigators broadcast on TV One at 9. 35pm on 6 November 2002. Private Investigators is a reality series which shows the range of activities undertaken by private investigators. [2] Mr and Mrs B Radford, the owners of the boat, complained through their solicitors to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached their privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that two sex scenes in Nip/Tuck were too explicit for free-to-air television and breached standards of good taste and decency. One of the scenes included a threesome involving one of the lead characters. The viewer also complained about the use of offensive language during another scene in which a "phone sex artist" discussed throat surgery with her doctor. The Broadcaster’s ResponseTVNZ argued that the scenes were acceptable in the context of an AO-rated programme screening at 9. 30pm with a warning for adult sexual material. The broadcaster said the sex scenes were important to the development of the storyline, did not contain any explicit nudity, and were not pornographic. The Authority’s DecisionAs well as the contextual factors noted above (the programme's AO classification, the warning about sexual content, the 9....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Life on Mars – included a brief scene of a man having his hand held down and hit with a telephone receiver – allegedly in breach of law and order and violence Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 10 (violence) – promo was rated PGR – violence was fleeting – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Life on Mars, a British science fiction and police drama television series, was broadcast during One News at 6pm on TV One on Monday 23 June 2008. [2] The promo included a brief scene of a man being interrogated....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed alleged rape victim in high-profile police trials – discussed whether current system in New Zealand was fair to alleged rape victims – allegedly unbalanced Findings Standard 4 (balance) – item omitted crucial information about evidence in police trials which was highly relevant to the controversial issue under discussion – majority uphold No Order This headnote does not form part of the decision. Broadcast [1] An item on Sunday entitled “Justice Denied” was broadcast on TV One at 7. 30pm on 11 March 2007. The item looked at the issues raised by the acquittal of three former Rotorua police officers (Brad Shipton, Bob Schollum and Assistant Police Commissioner Clint Rickards) in respect of a historical rape allegation. The reporter noted that the three men had also been acquitted in the high profile rape trial involving Louise Nicholas....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Packed to the Rafters – woman briefly put her hand down the front of her boyfriend’s pants, who jumped and exclaimed “You’ve got chilli on your hands! ” – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – scene was fleeting and playful – intended to be humorous rather than sexual – contextual factors – not upheld Standard 8 (responsible programming) – content was not unsuitable for supervised child viewers – promo correctly rated PGR and screened during Coronation Street – not upheld Standard 9 (children’s interests) – promo did not contain AO material and would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Summary It was reported on One Network News on 18 November 1998 that a yacht which had been grounded in a bay in the Far North had been looted, and that the abandoned boat had been stripped of its electronic gear, solar power unit and rigging. Mr Jackson complained to Television New Zealand Ltd that the report was grossly exaggerated. He advised that the boat had not been abandoned, and had not been stripped by looters. He acknowledged that some small items had been stolen but noted that all but one of those items had been recovered by the police and returned to the owner. Mr Jackson contended that the report had done the Far North community considerable harm and its errors warranted an apology....

ComplaintTonight – item on papal visit to Jerusalem – reference to Israel – inaccurate FindingsStandard G14 – reference ambiguous – implicitly included area beyond Jerusalem – no uphold This headnote does not form part of the decision. Summary A news reporter presenting a report on the papal visit to Jerusalem described himself as being in Israel when the scene depicted showed he was in East Jerusalem. The item was broadcast on Tonight on TV One at 10. 30pm on 23 March 2000. On behalf of the Wellington Palestine Group, Ms Zarifeh complained to Television New Zealand Ltd, the broadcaster, that the description was inaccurate, as she maintained that East Jerusalem was not in Israel. In its response, TVNZ said the reference to Israel in the item was not inaccurate, although it conceded that the reporter’s description did not conform to its house style. It declined to uphold the complaint....

ComplaintStrassman – ventriloquist – offensive language – fuck – wank – blasphemyFindingsStandard G2 – AO – warning – context relevant – no uphold Cross ReferenceDecision No: 2000-137 This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 18 July 2000 used the word "fuck" and its derivatives when in conversation with his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In particular he said he was offended by the use of the word "fuck", which he said was a macho term which unashamedly denigrated women and instilled an "antisocial and dangerous attitude towards women". As he had received no response from TVNZ, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....