Search Rapua

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 6/94 Dated the 17th day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHILDREN'S MEDIA WATCH of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

In a 1 News report on the ruling of the UK Supreme Court that Prime Minister Boris Johnson’s decision to suspend Parliament for five weeks was unlawful, a statement was made in the introduction of the item that Boris Johnson had ‘lied to the Queen’. TVNZ upheld the complaint that the statement was inaccurate, apologised to the complainant and held discussions with the news team to ensure that systems were put in place to reduce the risk of inaccurate reporting. The Authority did not uphold a complaint that the action taken by TVNZ was insufficient, finding that the action was appropriate and proportionate to the breach identified. Not Upheld: Accuracy (Action Taken)...

Summary[This summary does not form part of the decision. ]An item on Breakfast reported on a shoot-out during an anti-terror raid in Brussels. During the item, the Europe Correspondent stated, ‘We’ve now heard that one suspect has been neutralised’. The Authority did not uphold a complaint alleging that the term ‘neutralised’ was not accurate, appropriate or neutral language. The Authority found the choice of language was not a material point of fact in the item, which focused on an anti-terror raid linked to the Paris terror attacks. Further, the term ‘neutralised’ is at times used in the context of reporting on police or counter-terrorism action. The use of this term was not biased against, and did not imply fault on the part of, the Belgian Police. Not upheld: Accuracy, Controversial IssuesIntroduction[1] A news item on Breakfast reported on a shoot-out that occurred during an anti terror raid in Brussels....

Summary [This summary does not form part of the decision. ]During Vicious, a British sitcom about two older men in a long-term relationship, one of the main characters exclaimed ‘Jesus Christ! ’ in response to seeing a couple kissing. The Authority did not uphold the complaint that the remark was blasphemous and offensive to Christians. The use of variants of ‘Jesus’ as an exclamation does not amount to coarse language in modern secular society. Here it was intended to be humorous rather than abusive or offensive, and it was acceptable in context. Not Upheld: Good Taste and DecencyIntroduction[1] During Vicious, a British sitcom about two older men in a long-term relationship, one of the main characters exclaimed ‘Jesus Christ! ’ in response to seeing a couple kissing. The episode was rated AO and was broadcast on TV ONE at 10. 05pm on 26 September 2013....

Download a PDF of Decision No. 1993-164:Wardlaw and Television New Zealand Ltd - 1993-164 PDF362. 98 KB...

ComplaintLove Thy Neighbour – examined dispute between neighbours – complainant declined invitation to participate – address disclosed – owner and house shown – breach of privacy FindingsPrivacy – principles (i) and (v) relevant – (vi) applies – public interest defence applicable – no uphold This headnote does not form part of the decision. Summary [1] The series Love Thy Neighbour examines neighbour disputes. A boundary dispute between neighbours in Whangarei was one of the items dealt with in the repeat episode broadcast at 11. 15am on TV One on 7 September 2002. [2] B Jobe complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the disclosure of the information which identified them and their house breached their privacy. [3] In response, TVNZ advised the Authority that the item had reported the circumstances of a neighbourhood dispute, and had not disclosed any private information....

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....

Summary [This summary does not form part of the decision. ] A Fair Go item reported on the New Zealand Industrial Fuel Duty Agency (NZIFDA), a business set up to obtain refunds, on behalf of eligible customers, for excise duty placed on off-road fuel usage in some instances. A former employee of NZIFDA criticised the business and the person who ran it. The Authority did not uphold the complaint from the person who ran the business, that the item was inaccurate and misleading and used ‘loaded’ language to suggest wrongdoing. The item was clearly framed from the perspective of the former employee, her comments were clearly her personal opinion, the complainant was given a reasonable opportunity to give a response, and his response was fairly included in the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – segment called “Good Sorts” profiled volunteer fireman – interviewee used the phrase “good bastard” twice – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – language used in complimentary way – not aggressive or abusive – contextual factors – not upheld Standard 9 (children’s interests) – One News was an unclassified news programme targeted at adults – contextual factors – not upheld Standard 8 (responsible programming) – One News was an unclassified news programme – standard not applicable – not upheld Standard 4 (controversial issues) – no discussion of a controversial issue – not upheld This headnote does not form part of the decision....

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...

The Authority has not upheld complaints alleging a report regarding vaccination decreasing chances of COVID-19 infection on 1 News was inaccurate and misleading. The broadcaster made reasonable efforts to ensure the accuracy of the statements about transmission rates. Use of the terms ‘fully immune’ and ‘full immunity’ were not misleading in the context of the broadcast. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-106 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

SummaryA new dietary supplement, aimed at men with prostate problems, was the subject of an item on One Network News broadcast on 7 July 1998 between 6. 00–7. 00pm. The item included interviews with a representative of the company which markets the product, a urologist, and a man who believed his prostate cancer was under control because of the supplement. Mr James complained to Television New Zealand Ltd, the broadcaster, that the promotion of the product amounted to an advertorial and was irresponsible as it did not alert viewers to its known toxic effects. Furthermore, he questioned the qualifications of the product’s promoter to make medicinal recommendations on a prime time news programme. In its response, TVNZ denied that the item was an advertorial, pointing out that it was initiated by TVNZ because it was considered newsworthy....

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Unauthorised History of New Zealand – cartoon involving “King Dick” who ejaculated onto the face of a Chinese character – allegedly in breach of good taste and decency. Findings Standard 1 (good taste and decency) – cartoon satirised anti-Asian views of former Prime Minister – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history. In an episode broadcast on TV One at 10. 30pm on 20 July 2008, the programme reviewed past Prime Ministers of New Zealand, including Robert Muldoon and Michael Savage, also mentioning Helen Clark (the then Prime Minister) and John Key (the National Party leader)....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for Benidorm – showed a man being slapped in the face by two different women – allegedly in breach of law and order, children’s interests and violence standards Findings Standard 2 (law and order) – promo did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 10 (violence) – violence was slapstick humour – broadcaster exercised care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for three comedy programmes Bonkers, Benidorm and The Sunshine Girls was broadcast on TV One at 12. 27pm on Thursday 18 October 2007....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory applications for production of field tapes – documentary entitled Monster of Berhampore about alleged child abuse in Berhampore Children’s Home – complainant alleging programme unbalanced – seeking disclosure of additional material not broadcast by TVNZDecision on interlocutory applicationField tapes not required to determine relevant issues – applications declined – Authority will seek submissions on substantive issuesThis headnote does not form part of the decision. Background[1] At 7:30 pm on 1 May 2005, during Sunday, Television New Zealand Ltd broadcast an item entitled The Monster of Berhampore. The subject of the item was Walter Lake, who during the 1950s and 1960s had run the Berhampore Children’s Home in Wellington. [2] The documentary interviewed a number of former residents of the home who alleged that Mr Lake had sexually abused them....