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Paula Rose declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]On 14 November 2016, in a 1 News special update, the newsreader updated viewers on events surrounding a 7. 8 magnitude earthquake centred near Kaikoura that occurred just after midnight that day. The newsreader stated, ‘there has been another quake-related death at Mt Lyford; that is after someone suffered a heart attack’. The Authority did not uphold a complaint from the partner of the person who died at Mt Lyford that this statement was inaccurate given that his partner had died from earthquake-related injuries, but not a heart attack. The Authority acknowledged these were distressing circumstances for the complainant....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 25/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTRY OF AGRICULTURE AND FISHERIES 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: 31/94 Dated the 26th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-034 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-089 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TOM FREWEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

Summary The London Connection, a documentary hosted by Gary McCormick, was re-broadcast on TV One on 31 October beginning at 11. 35pm, having been first broadcast on 16 August 1999. Simon Boyce complained to Television New Zealand Ltd that the broadcast of a sequence in which inebriated young women danced topless was a deceptive programme practice because it objectified the young women without identifying them. TVNZ refused to accept the complaint on the grounds that it had already dealt with a complaint about the programme from the same complainant and, having made a proper investigation, had found no breach of broadcasting standards. Mr Boyce referred the matter to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. He argued that the sequence he complained about was not a legitimate subject for a documentary since the women were not identified....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on search for missing sailor – report stated that air force had covered an area of around 360,000 kilometres – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Monday 29 March 2010, reported on a missing sailor whose boat had been found off the Chatham Islands – the man was still missing, but his dog was found alive on board the boat. [2] During the item, the reporter stated that a “helicopter and Airforce Orion covered an area of around 360,000 kilometres from Gisborne to the East Cape”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Eyewitness: The Danielle Cable Story – movie contained coarse language including the word “fuck” – programme preceded by a warning for graphic violence, but not for coarse language – broadcaster agreed that the movie should have included a specific warning for coarse language – stated that it had instituted changes to ensure warnings were provided where appropriate – action taken allegedly insufficient FindingsStandard 1 (good taste and decency) – adequate explanation of why breach occurred given to complainant – action taken by the broadcaster was appropriate and sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Eyewitness: The Danielle Cable Story was broadcast on TV One at 8. 30pm on Sunday 27 September 2009. The movie contained coarse language which included the phrases “fuck off” and “fucking idiot”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an audio tape purporting to carry the voice of Osama Bin Laden – reporter said that “Bin Laden threatened to again take revenge on America as he did on 9/11” – allegedly inaccurateFindingsDecline to determine complaint under s. 11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An item on One News at 6pm on 20 January 2006 reported that an audio tape, purporting to carry the voice of Osama Bin Laden, had been broadcast by a television network in the Middle East. The tape had warned of new terrorist actions against the United States. The reporter said: In the tape that aired on Al Jazeera, Bin Laden threatened to again take revenge on America as he did on 9/11....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about 14-year-old boy accused of throwing eight kilogram slab of concrete from motorway bridge killing a motorist – boy had been granted name suppression – name of accused was shown for approximately five seconds written on a folder – complaint that broadcaster had breached name suppression order – broadcaster upheld complaint under law and order standard – complainant dissatisfied with action takenFindingsDecline to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] A One News item broadcast on TV One at 6pm on 3 July 2006 discussed a court case involving a youth accused of throwing an eight kilogram slab of concrete from a motorway bridge, killing a passing motorist....

Complaints under section 8(1)(c) of the Broadcasting Act 1989Holmes – item about person flying New Zealand flag at home in dispute with neighbours – complainants who are neighbours named and their home shown – complainants have long history of community service – private facts disclosed – alleged breach of privacy Findings Standard 3 (Privacy) Privacy Principles (i), (iii), (iv), and (v) – dispute about flag had been heard in the District Court – accordingly not private – not upheld This headnote does not form part of the decision. Broadcast [1] A dispute between Mr Brian McGinty of Orewa and his neighbours, including Sir Ross and Lady Jansen, was dealt with in an item broadcast on Holmes on TV One on 18 March 2004 beginning at 7. 00pm. The dispute was about Mr McGinty’s neighbours objecting to his desire to fly a New Zealand flag on his property....

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....

ComplaintBreakfast – replay of item from children’s programme What Now? – parody of political parties – "The Farty Party" – excessive use of fart jokes – breach of good taste and decency – not mindful of effect of broadcast on children FindingsStandard G2 – contextual matters – no uphold Standard G12 – Breakfast not children's normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] During the Breakfast programme broadcast on TV One on 11 November 2001, an item was replayed from the children’s show What Now? Using a parody of Breakfast presenter Mike Hosking, two of the What Now? presenters acted out the role of political party leaders in a sketch designed to give young children an idea of what was involved in electioneering....

ComplaintStrassman – fuck– offensive language FindingsSection 4(1)(a) – consideration of context required as specified in Standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits – bordering on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 19 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It pointed out that the Broadcasting Standards Authority had declined to uphold an earlier complaint from Mr Schwabe about such language in Strassman....

SummaryThe film Harley Davidson and the Marlboro Man was broadcast on TV2 on 7 October 1999, beginning at 11. 00pm. It was an action movie in which two men stole mob money to prevent their friend’s bar from being closed down. Laurie Collier complained to Television New Zealand Ltd, the broadcaster, that the language and "gross violence" contained in the film breached broadcasting standards. In particular, he complained about the excessive use of the "f word" and what he called "the blood and guts violence". TVNZ’s informal response emphasised the relevance of context in ascertaining whether the language exceeded community expectations. When Mr Collier sought a review of TVNZ’s decision, it provided a more substantive response, again emphasising contextual factors. It noted that the film began at 11. 00pm, well into adult viewing time, that it was preceded by a warning, and that it was classified as AO....

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...