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ComplaintPromo – The Mind of the Married Man – references to anal sex – offensive language FindingsStandard 1 and guideline 1a – context – borderline – no uphold This headnote does not form part of the decision. Summary [1] An episode of The Mind of the Married Man was broadcast on TV2 at 9. 55pm on 13 February 2002. In a part of the episode during which a married couple argued about the state of their marriage, there was reference by the wife to anal sex, using terms such as "arse-fuck", "fuck me in the arse" and "deep in my arse". [2] Kerry Carter complained to Television New Zealand Ltd, the broadcaster, about the dialogue, which she considered "lewd and offensive" and "only fit for a porn video". [3] TVNZ declined to uphold the complaint....

Complaint60 Minutes – Police shooting of Steven Wallace – unbalanced – erroneous FindingsStandard G1 – no inaccuracy – no uphold Standard G6 – broadcast balanced – balance also achieved in period of current interest – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes looked at events in Waitara in the minutes before the Police shooting of Steven Wallace. The item was broadcast on TV One at 7. 30pm on 6 May 2001. Ian White complained to the broadcaster, Television New Zealand Ltd, that the broadcast was "totally unbalanced and erroneous". TVNZ did not consider that the programme had been inaccurate. It also maintained that the programme had been balanced. Dissatisfied with TVNZ’s decision, Mr White referred the complaint to the Broadcasting Standards Authority under section 8(1)(a) of the Broadcasting Act 1989....

Summary An excerpt from the performance of the Paul Taylor Dance Company was shown at the conclusion of One Network News broadcast on TV One on 25 November between 6. 00–7. 00pm. Kristian Harang complained to Television New Zealand Ltd that the item, which he said showed naked men, breached acceptable standards of decency and also was offensive to children who might have been watching. TVNZ responded that all of the dancers, both men and women, were wearing patterned tights. It noted that ballet tights were part of the normal attire for both classical and modern dance performances. In the circumstances, it concluded that no standards were relevant. Dissatisfied with TVNZ’s decision, Mr Harang referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint....

ComplaintHolmes – offensive language – presenter said "bugger the international media" – America’s Cup context FindingsStandard G2 – "bugger" not acceptable for common usage, but acceptable in context – no uphold This headnote does not form part of the decision. Summary During an item about the America’s Cup on Holmes on TV One at 7. 00pm on 21 February 2000, the presenter said "bugger the international media". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word "bugger" breached broadcasting standards which require the observance of good taste and decency. TVNZ responded that, in the context of a highly charged America’s Cup campaign, the use of the word "bugger" did not breach broadcasting standards. It did not accept that its use carried the suggestion that the word was now acceptable for common usage. It declined to uphold the complaint....

Download a PDF of Decision No. 1993-038:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-038 PDF377. 55 KB...

Download a PDF of Decision No. 1993-118:Felderhof and Television New Zealand Ltd - 1993-118 PDF386. 53 KB...

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Summary [This summary does not form part of the decision]A ONE News item showed security footage of a violent attack on a liquor store worker by four men to assist police in identifying and apprehending the attackers. Two explicit warnings were given prior to the footage. The Authority did not uphold the complaint that the violence shown was gratuitous. It was an important news story aimed at identifying and catching the attackers and was accompanied by clear warnings from the broadcaster. Not Upheld: Good Taste and Decency, Violence, Responsible ProgrammingIntroduction[1] A ONE News item showed a violent attack on a liquor store worker by four men. The security footage showed the store worker being punched, kicked and dragged across the store, having a bottle of spirits smashed over his head and being kicked in the head as he lay on the ground....

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society....

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the item lacked balance and was misleading by failing to accurately present the perspective of the New Plymouth public who were opposed to Mr Judd’s proposed reforms. While it was framed primarily as a profile piece on Mr Judd, the item’s discussion of the proposed Māori ward triggered the requirement for balance....

The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...

The Authority did not uphold an accuracy complaint about a 1 News item on the use of interlocking concrete blocks to curb coastal erosion on the West Coast. The complaint was that the item inaccurately referred to the location shown in the clip as Granity, rather than Hector, which devalues property in Granity. Given longstanding concerns about coastal erosion spanning across three towns within a small geographical area, including Granity, the Authority did not find any material inaccuracy likely to significantly affect the audience’s understanding of the item as a whole.   Not Upheld: Accuracy...

The Authority has not upheld a complaint about a 1 News item looking at the housing crisis on Waiheke Island. One affected resident who was interviewed said he ‘[felt] like a gypsy wandering around, living out of suitcases and boxes’. The complaint was that the use of the word ‘gypsy’ was derogatory and evokes prejudicial biases towards the Roma community. While the Authority has previously acknowledged the potential harm in the use of the word, in this particular context it did not outweigh the interviewee’s right to express himself and describe his experience. This expression and the item as a whole carried high value and public interest and did not warrant regulatory intervention or restricting the important right to freedom of expression. Not Upheld: Discrimination and Denigration...

Download a PDF of Decision No. 1992-092:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1992-092 PDF786. 99 KB...

Download a PDF of Decision No. 1992-022:Cole and Television New Zealand Ltd - 1992-022 PDF274. 08 KB...

The Authority has not upheld a complaint about an item on Sunday documenting a woman’s final months before her assisted death. The complainant alleged the broadcast breached the balance standard as it included no discussion of palliative care or alternative viewpoints regarding assisted dying. The children’s interests standard was also impliedly raised in the complaint. The Authority found the balance standard did not apply as the item did not constitute a discussion of the issue of assisted dying. The children’s interests standard was not breached as the context of the programme and signalling of content meant it was suitable to be broadcast in its timeslot. Not Upheld: Balance, Children’s interests...

The Authority has not upheld a complaint about a Seven Sharp item which featured presenter Hilary Barry accompanying an entertainer and keen hunter on a seasonal duck shooting trip to mark the hunter’s appointment as the first patron of Fish & Game New Zealand. The complainant considered the item offensive in showing animal cruelty and disrespect for wildlife, inaccurate in stating ‘only introduced species’ are hunted in Aotearoa New Zealand (noting the patron shot a native paradise shelduck), and failed to reflect alternative perspectives on the cruelty and ecologically harmful effects of duck shooting. The Authority found the segment was a human-interest piece focused more on the patron than hunting and was consistent with the style and tone of Seven Sharp; viewers would not have been unduly surprised or disturbed by the content....

The Authority has not upheld an accuracy complaint about a statement by TVNZ’s Seven Sharp reporter that a film was set ‘amid a nationwide confiscation of Māori land’ during an interview with actor Temuera Morrison. The complainant alleged confiscations were not nationwide, and that Māori land dispossession can be attributed in part to legitimate land sales to the Crown. The Authority found the alleged inaccuracy was not material in the context of a segment focusing on Morrison’s acting career and promotion of a film, and that, in any case, it was not misleading to refer to ‘nationwide confiscation’ considering the extent of contested Māori land dispossession which occurred in the relevant period. Not Upheld: Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L C EVANS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...