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SummaryA controversial exhibition of works by American artist Keith Haring, then showing at Wellington City Gallery, was featured on Backch@t. The programme included an interview with the Rev Graham Capill who had claimed the works were offensive. During the interview, he held up to the camera a drawing by Haring which he claimed depicted bestiality. The programme was broadcast on TV One at midday and 10. 40 pm on 25 April 1999. Mr Thomas complained to Television New Zealand Limited, the broadcaster, that the footage of the drawing was indecent and tasteless, particularly as it was broadcast at a time when children were able to view the programme. Because the programme was pre-recorded, there had been time to edit or obscure the picture, he wrote....

Summary Footage of a man confessing, in a police interview room, to having murdered his daughter was included in a 60 Minutes item broadcast on TV One on 3 October 1999, beginning at 7. 30pm. The man subsequently killed himself. The Hope family, who are related to the man and his daughter, complained to the Broadcasting Standards Authority that the broadcast was an invasion of their privacy and had caused "an immense amount of distress and heartache" for the family. Their major concern, they wrote, was how the broadcaster had managed to obtain the tape of the confession when that was the property of the police....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – report on the sale of horse meat for human consumption that had been processed as pet food – included undercover investigation – reporter shown speaking with the owner of pet food factory allegedly supplying horse meat – reporter told to leave the property but continued to ask questions – allegedly in breach of law and order Findings Standard 2 (law and order) – reporter acted in a professional and appropriate manner – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter held a highlighter to his nose and sniffed it – commented that highlighters are not as good as permanent markers for sniffing – allegedly in breach of law and order and children’s interests standards Findings Standard 2 (law and order) – sniffing permanent markers is not illegal – comments intended to be humorous – not upheld Standard 9 (children’s interests) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on Thursday 10 April 2008, the following discussion took place between the programme’s presenters Paul Henry and Pippa Wetzell at approximately 8. 05am: Paul: What did we do before highlighters? They are so cool. . ....

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand Labour Party – woman said “I just can’t trust you” referring to John Key, Leader of the Opposition – allegedly denigrated Mr Key Findings Election Programmes Code Standard E3 (denigration) – statements in the advertisement did not reach the threshold for a breach of the denigration standard – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand Labour Party was broadcast on TV One on Sunday 2 November at 6. 30pm. It showed a woman in her home giving a drink to a toddler sitting in a high chair. The woman said to camera: You hear people saying, “Helen’s been there a while, give the other guy a go”. And I was thinking, “yeah, sounds fair enough”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Shortland Street – contained a scene in which a character dreamed about a sexual encounter – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – programme was classified PGR – no nudity – broadcaster was mindful of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Shortland Street, broadcast at 7pm on 31 May 2007, a scene showed two of the main characters, Maia and Mark, involved in a sexual encounter. The scene contained head-and-shoulder shots of both characters apparently having sex. The scene ended eight seconds later with the character Maia waking up and realising that the sexual encounter with Mark was just a dream....

An appeal against this decision was dismissed in the High Court: AP 138/01 PDF1. 09 MBComplaintBanzai – comedy – sketch included shot of man’s naked penis – bad taste FindingsStandard G2 – borderline – context – no upholdThis headnote does not form part of the decision. Summary[1] An episode of Banzai, a British comedy series, was broadcast on TV2 at 10. 10pm on 14 August 2001. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a shot of a man’s naked penis which was included in the broadcast, and which he considered to be "well outside the currently accepted norms of taste and decency, given the context in which the scene was shown"....

SummaryItems concerning a research finding that a lyprinol extract from green-lipped mussels had been shown to be effective in killing cancer cells were broadcast on TV One on 30 July 1999 on One Network News and Holmes, commencing at 6. 00 pm and 7. 00 pm respectively. It was reported that researchers believed that the compound could inhibit the spread of certain types of cancers, and that they were about to commence clinical trials. The Ministry of Health complained to Television New Zealand Limited, the broadcaster, that the items were inaccurate, unbalanced, lacking in objectivity, and distorted the research and its significance. The tone and "sheer volume of coverage" contributed to this lack of balance, it wrote. The programmes failed to make it clear that Lyprinol was a dietary supplement and therefore a product about which therapeutic claims could not be made....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with President of Home Education Learning Organisation about the benefits of home-based childcare education, as opposed to daycare – President made comments which reflected negatively on daycare – allegedly unbalanced in breach of controversial issues standardFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – programme framed the interview as a debate about the merits of “Daycare vs Homecare” but item itself had flavour of advertorial – taking into account likely audience, insufficient balance was provided – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present significant viewpoints – upheld No Order This headnote does not form part of the decision....

ComplaintDocumentary New Zealand – Mental Breakdown – three people suffering from serious mental illness – released into community – tragic results – documentary said to be unbalanced and inaccurate, and to have denigrated the mentally ill Findings Standard 4 – item’s focus on three cases where the mental health system had failed – balanced in view of narrow focus – not upheld Standard 5 – accurate in view of item’s focus – not upheld Standard 6 and Guideline 6g – no discrimination against or denigration of mentally ill in view of item’s focus – not upheldThis headnote does not form part of the decision Summary [1] Three cases involving people suffering from serious mental illness who were released into the community with tragic results were examined in a documentary broadcast on TV One. The programme Documentary New Zealand – Mental Breakdown was screened at 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – subtitled version – item on 90th birthday of Northland kaumatua – celebrations held in RSA – subtitles allegedly said that celebrations could not be held on marae because construction of local marae unable to proceed due to objections of local Pakeha – allegedly unbalanced and inaccurateFindingsSubtitled version of programme not retained by TVNZ – Authority had no evidence to establish what was said in subtitles – unable to determine despite procedural unfairness to complainant – declined to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989 ObservationComplaint originally only about subtitled version – Māori-language version referred to “Pakeha rednecks” – “rednecks” concern only brought to complainant’s attention in TVNZ’s response to her original complaint – Authority has no jurisdiction to determine concerns about Maori-language version as issue not raised in original complaintThis headnote does not form part…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reference to President George W Bush “leading the free world” – allegedly unbalanced and unfairFindingsStandard 4 (balance) – no balancing comment required – not upheld Standard 6 (fairness) – not unfair to any persons taking part or referred to – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 22 October 2004 dealt with a back-dated pay rise which had been given to Members of Parliament in New Zealand. Towards the end of the segment, the reporter compared the salary of the Prime Minister of New Zealand with that of other world leaders, including President George W. Bush of the United States....

ComplaintNew Zealand Festival: Virginity – language – "did you fuck him? " – offensive FindingsSection 4(1)(a) – not gratuitous – acceptable in context – no uphold This headnote does not form part of the decision. Summary The programme New Zealand Festival: Virginity was broadcast on TV One at 9. 35pm on 19 February 2001. One of the seven women who spoke of their first sexual experiences reported that she was later asked by an acquaintance, "did you fuck him? " Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "fuck" was grossly offensive. He argued that the classification of a programme as AO and the inclusion of a warning did not excuse the broadcaster from the requirement to maintain standards of good taste and decency....

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

The Authority has upheld a complaint that a 1 News item reporting on then Leader of the Opposition and National Party leader Hon Simon Bridges travelling from Tauranga to Wellington during COVID-19 Level 4 lockdown breached the accuracy standard. The Authority found that the item, which was focussed on MPs breaking lockdown rules, was misleading in putting Mr Bridges in that category.  The Authority acknowledged that, during the time of the broadcast, there was confusion surrounding the scope of the rules, particularly as to what constituted an essential service. However, the broadcaster had access to information suggesting Mr Bridges was engaged in an ‘essential service’ and, given the level of harm potentially caused by portraying a senior Member of Parliament as breaking lockdown rules, had not made reasonable efforts to ensure that this particular item did not mislead the public. Upheld: Accuracy No Order...

Download a PDF of Decision No. 1992-100:Wardlaw and Television New Zealand - 1992-100 PDF477 KB...

The Authority has declined to determine a complaint under the accuracy standard regarding a broadcaster’s statement that Maria Sharapova won her first ‘grand slam’ at 17 years old. The complaint was that the term ‘grand slam’ consists of winning all four major tennis competitions in a calendar year, a feat which Sharapova has not achieved. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Accuracy (section 11(a) of the Broadcasting Act 1989 – trivial)...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/94 Decision No: 37/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J S 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: 116/94 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...