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Complaint under section 8(1)(a) of the Broadcasting Act 1989TV2 promo – on screen graphics for TV2 promo included a hazy substance wafting up the screen – allegedly represented smoke and thus breached the Smoke Free Environment Act prohibition on promoting smoking behaviourFindingsStandard 2 (law and order) – promo did not promote disrespect for the law – not upheldThis headnote does not form part of the decision. Broadcast[1] The imagery used in on-screen graphics to identify a television channel as TV2 included a hazy substance wafting up the screen. It was broadcast frequently at various times. Complaint[2] Brandon Orlandini complained to Television New Zealand Ltd, the broadcaster, that the haze shown in the TV2 promo represented smoke. That view, he said, was shared by others and many, like him, felt a "strong urge to smoke" on seeing the promo....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

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 1989Eating Media Lunch – item parodied “naked” news programmes – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – sequence unnecessarily lengthy – gratuitously explicit – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Eating Media Lunch is a series that lampoons aspects of the media both in New Zealand and overseas. The use of semi-naked news presenters in some countries was featured in the item broadcast on TV2 starting at 10. 00pm on Tuesday 15 November 2005. [2] The item presented the “Fuck News” which was said to originate in France. The item showed two partly dressed presenters who seemed to be having sexual intercourse while reading the news....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – studio discussion between presenter Paul Holmes, Pastor Brian Tamaki from the Destiny Church and Georgina Beyer MP – reaction to the street march in which Destiny Church members protested against the proposed Civil Union Bill – allegedly inaccurate and unfairFindings Standard 5 (accuracy) – nothing inaccurate in item – not upheld Standard 6 (fairness) – item fair to all parties involved – not upheldThis headnote does not form part of the decision. Broadcast [1] Holmes on TV One on 24 August 2004 at 7pm included a studio discussion involving the presenter, Pastor Brian Tamaki from the Destiny Church and Georgina Beyer MP. [2] The discussion concerned the street march through Wellington the previous day in which Destiny Church members protested against the proposed Civil Union Bill....

ComplaintHolmes – interview with Probation Services Manager – conduct of the interviewer – biased – unfair Findings Standards 4 and 6 – live interview – not unbalanced – interviewee presented viewpoint – dealt with fairly – no uphold This headnote does not form part of the decision. Summary [1] An interview with the Manager of the Probation Service was broadcast on Holmes on TV One at 7. 00pm on 13 February 2003. The interview centred around the release of a report by the Probation Service regarding its management of an offender while on parole. [2] John Blackaby complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and that the interviewee had been dealt with unfairly, because of the "bully-boy" conduct of the presenter....

ComplaintHolmes – item about Death with Dignity Bill – man featured with motor neuron disease – wanted choice about his time of death – unbalanced FindingsStandard 4 – human interest story – referred to issue of euthanasia – euthanasia canvassed in other programmes – no uphold This headnote does not form part of the decision. Summary [1] Shortly before the Death with Dignity Bill was to have its first reading in Parliament, an item on Holmes featured a person dying from motor neuron disease who hoped the Bill would be passed. If the Bill was passed, the person said that he would have the right to choose the time of his death. The item was broadcast on TV One at 7. 00pm on 29 July 2003. [2] D A Armstrong and P Schaab both complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

ComplaintOur World: Clever Dicks – Part 2 – clever creatures shown – image of kea in AMI Insurance advertisement included – kea prising tail light from vehicles – inaccurate representation of kea FindingsStandard G1 – image not a point of fact – no uphold This headnote does not form part of the decision. Summary Our World: Clever Dicks – Part 2, broadcast on TV One at 8. 05pm on 17 March 2001, included footage of New Zealand’s kea rapidly completing a series of tasks which, on the face of it, seemed to require a certain amount of reasoning to accomplish. An image of kea prising the tail lights from vehicles, drawn from an advertisement for AMI Insurance, was also included. Roger Conroy complained to Television New Zealand Ltd, the broadcaster, that the programme featuring the advertisement was inaccurate when it showed kea prising the tail lights out of vehicles....

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) of the Broadcasting Act 1989The Tiger’s Tail – movie contained scene which combined sex and violence – allegedly in breach of standards relating to good taste and decency, law and order and violence FindingsStandard 10 (violence) – guideline 10c – depiction of rape required pre-broadcast warning – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 2 (law and order) – movie did not glamorise rape, or otherwise promote or condone rape – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] A movie called The Tiger’s Tail was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 31 October 2010....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Waitangi: What Really Happened – docu-drama about events leading up to the signing of the Treaty of Waitangi – allegedly in breach of controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Waitangi: What Really Happened was broadcast on TV One at 8. 30pm on Sunday 6 February 2011. The programme was a docu-drama following the events leading up to the signing of the Treaty of Waitangi in 1840....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Nothing Trivial – broadcast during Coronation Street – contained sexual references – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sexual references were fleeting and innocuous – consistent with viewer expectations of Coronation Street and PGR timeband – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 7. 30pm and 8. 30pm on 12 July 2011, during Coronation Street which was rated PGR. [2] In the promo, the characters were shown talking about their quiz topic strengths, while thinking about their personal lives, as follows: Emma: I like animals and I know a bit about cooking. . ....

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(1B)(b)(i) of the Broadcasting Act 1989 Two and a Half Men – episode screened at 7. 30pm contained sexual innuendo including references to being “spanked”, “wearing my panties”, and transmitting sexual diseases – showed naked man with his genitals pixellated – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – sexual innuendo was inexplicit and sophisticated so that it would have gone over the heads of younger viewers – nudity pixellated – content consistent with programme’s PGR rating – contextual factors – not upheld Standard 9 (children’s interests) – episode correctly rated PGR – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision.  ...

Mary Anne Shanahan declared a conflict of interest and stood aside from this decision....

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. 1992-031:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-031 PDF188. 21 KB...