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Decisions
Rickard and Television New Zealand Ltd - 2016-098 (19 April 2017)
2016-098

Summary[This summary does not form part of the decision. ]An item on 1 News reported on a fatal bus crash that occurred south of Gisborne on Christmas Eve in 2016. The bus was carrying students and teachers from a visiting Tongan school band. The item featured photos, sourced from a public Facebook page for the Tongan community, of some of the injured passengers in hospital. The Authority upheld a complaint that the broadcast breached the injured passengers’ privacy. While the photos were in the public domain, those featured did not consent to their images appearing in the news item. As injured patients receiving medical care, they were in a particularly vulnerable position....

Decisions
Chilcott and Television New Zealand Ltd - 2013-056
2013-056

Chair Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] An item on One News reported on court proceedings involving the complainant, a professional harness racing trainer and driver. The Authority did not uphold the complaint that two statements in the item were inaccurate and unfair, because they allegedly portrayed her as a ‘drugs cheat’ and were misleading. Taking into account all of the charges and the nature of the offending, the statements would not have misled viewers and did not cause any unwarranted harm to the complainant’s reputation. Not Upheld: Accuracy, Fairness Introduction [1] An item on One News, broadcast on TV One on 25 June 2013, reported on court proceedings involving the complainant, Nicola Chilcott, a professional harness racing trainer and driver....

Decisions
Group Opposed to Advertising of Liquor and Alcohol Healthwatch and Television New Zealand Ltd - 1993-141, 1993-142, 1993-143
1993-141–143

Download a PDF of Decision No. 1993-141–143:Group Opposed to Advertising of Liquor and Alcohol Healthwatch and Television New Zealand Ltd - 1993-141, 1993-142, 1993-143 PDF714. 53 KB...

Decisions
de Villiers and Television New Zealand Ltd - 2008-089
2008-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that emails between employees were crucial evidence in the prosecution case of the founder of a failed finance company – six email addresses were shown on screen – allegedly in breach of privacy Findings Standard 3 (privacy) – no identifiable individuals linked to email addresses – 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 9 August 2008, reported that “a series of emails between Bridgecorp employees has become crucial evidence in the prosecution case against the finance company’s founder”. Bridgecorp’s former executive directors had allegedly raised millions of dollars from investors knowing that the company was in default....

Decisions
Lewis and Television New Zealand Ltd - 2007-109
2007-109

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintJason Lewis complained that an episode of Coastwatch breached his privacy and was unfair. The item showed him being issued with a $250 fine for having five undersized paua in his catch, two years after he was filmed. The complainant said he had not known he was being filmed for television, and that showing the incident two years after it happened was unfair, particularly as the fine had been waived a week after it was issued. The Broadcaster's ResponseTVNZ said the programme had not broadcast any private facts about the complainant, who had been filmed in a public place. Although his fine was subsequently rescinded, the fact remained that he had been caught in possession of undersized paua, and this was still on his record at the Ministry of Fisheries....

Decisions
Duff and Television New Zealand Ltd - 2002-198
2002-198

ComplaintWilly Nilly – comedy series – "shooting" endangered native birds – offensive – irresponsible behaviour FindingsStandard 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] An episode of Willy Nilly, a comedy series, was broadcast on TV One at 7pm on 14 September 2002. It portrayed a newly arrived Russian mail-order bride of the local shopkeeper shooting at, and presumably killing, a native kakapo while on a camping trip. A subsequent scene depicted a "kiwi" being spit-roasted over the campfire. [2] Alastair Duff complained to Television New Zealand Ltd, the broadcaster, that the sequences portrayed irresponsible behaviour. [3] In declining to uphold the complaint TVNZ said, in context, the behaviour did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Duff referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Nga Kaiwhakapumau I Te Reo (Inc) and Television New Zealand Ltd - 1991-020
1991-020

Download a PDF of Decision No. 1991-020:Nga Kaiwhakapumau I Te Reo (Inc) and Television New Zealand Ltd - 1991-020 PDF541. 34 KB...

Decisions
Mahurangi Christian Community Trust and Television New Zealand Ltd - 2004-212
2004-212

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

Decisions
Anderson and Television New Zealand Ltd - 2003-103
2003-103

ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...

Decisions
Mustapic and Television New Zealand Ltd - 2024-037 2 September 2024)
2024-037

The Authority has upheld part of a complaint about satirical comedy series, James Must-a-pic His Mum a Man, finding it was unfair to the complainant, James Mustapic’s father, and action taken by the broadcaster (having upheld two aspects of the fairness complaint) was not sufficient to remedy potential harm to the complainant. Comments were made throughout the series which the Authority found created a negative impression of James’ father and had the potential to adversely affect him and his reputation – meaning the broadcaster should, in the interests of fairness, have informed him of the nature of the programme and his participation prior to broadcast....

Decisions
Freedman and Television New Zealand Ltd - 2005-095
2005-095

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Decisions
Francis and Television New Zealand Ltd - 2004-068
2004-068

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – language – “fuck you” – allegedly offensive – warning requiredFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – warning not necessary – not upheld This headnote does not form part of the decision. Broadcast [1] Spooks is a BBC drama series built around the activities of a fictional counter-terrorism unit attached to MI5. MI5 is the government agency responsible for internal security. In an episode beginning at 9. 30pm broadcast on TV One on 24 February 2004, one character said to another “fuck you”. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that such language was offensive and the programme should have been preceded with a warning. Standards [3] TVNZ assessed the complaint under Standard 1 and Guidelines 1a and 1b of the Free-to-Air Television Code of Broadcasting Practice....

Decisions
George and Television New Zealand Ltd - 2001-026
2001-026

Complaint"The Parent Trap" – Assignment – documentary about divorce – New Zealand family law – men who feel disenfranchised – failed to address issue of domestic violence – failed to interview non-custodial mothers – biased – unbalanced FindingsG6 – programme not about domestic violence – programme achieved its purpose – section 14 Bill of Rights Act right to freedom of expression – no uphold This headnote does not form part of the decision. Summary "The Parent Trap", an Assignment programme broadcast on TV One at 8. 30pm on 16 November 2000, looked at the emotional and financial consequences for parents and children caught up in divorce. It examined calls to change New Zealand’s family law and asked why a "growing number of men [felt] disenfranchised under the present system....

Decisions
Grant and Television New Zealand Ltd - 2006-129
2006-129

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – repeat episode at 7am on a Sunday morning – reported controversy over recent photographs in Pavement magazine – showed photographs of topless 19-year-old girl – allegedly in breach of children’s interests. FindingsStandard 9 (children’s interests) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat episode of the current affairs programme Sunday was broadcast on TV One at 7am on Sunday 29 October 2006. One item reported controversy over a recent magazine spread in Pavement magazine, which some people argued contained sexualised images of girls as young as 11 years of age. The programme featured photographs from the magazine, including several shots of a topless 19-year-old girl, and showed advertisements with models adopting suggestive poses....

Decisions
Hamer and Television New Zealand Ltd - 2011-149
2011-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Real Crime: Broken Promises, Broken Brides – investigated the mistreatment of foreign brides in New Zealand – profiled a Malaysian woman who died of a methadone overdose – interviewed her husband who was convicted of her manslaughter – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – programme did not create a misleading impression that the complainant intended to murder his wife – reporter outlined the facts of the case and clearly stated the complainant was convicted of manslaughter – complainant’s perspective was included in the programme – programme was accurate and would not have misled viewers – not upheld Standard 6 (fairness) – complainant was provided with a sufficient opportunity to give his perspective in two interviews – interviews were not unfairly edited – overall complainant was treated fairly – not upheld This headnote does not form part of the decision.…...

Decisions
Findlay and Television New Zealand Ltd - 2008-100
2008-100

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....

Decisions
Group Opposed to Advertising of Liquor and Alcohol Healthwatch and Television New Zealand Ltd - 1994-100, 1994-101
1994-100–101

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 100/94 Decision No: 101/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaints by GROUP OPPOSED TO ADVERTISING OF LIQUOR and ALCOHOL HEALTHWATCH Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Cosh and Television New Zealand Ltd - 1994-133
1994-133

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 133/94 Dated the 15th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P HEATHER COSH of Taumarunui Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Earnshaw and Television New Zealand Ltd - 1994-034, 1994-035
1994-034–035

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Group Against Liquor Advertising and Television New Zealand Ltd - 1995-128
1995-128

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 128/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

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