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Fakaosi and Television New Zealand Ltd - 1996-175, 1996-176
1996-175–176

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Watercare Services Ltd and Television New Zealand Ltd - 2011-043
2011-043

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on water leak in West Auckland – stated that Watercare had failed to respond to complaints about water leak – interviewed representative from Watercare – showed person drinking water which had come from storm-water drain – allegedly in breach of standards relating to accuracy, fairness and children’s interests FindingsStandard 5 (accuracy) – item created impression that complaints made to Watercare and that Watercare failed to respond to complaints – Watercare and council separate organisations – item inaccurate and misleading – however, in light of factual background, broadcaster made reasonable efforts to ensure item accurate and did not mislead – not upheld Standard 6 (fairness) – Watercare invited to appear on Close Up with regard to complaint made 6 November – Watercare given sufficient opportunity to check records given nature of allegations made against it – not upheld…...

Decisions
Chand and Television New Zealand Ltd - 2019-078 (18 February 2020)
2019-078

The Authority did not uphold a complaint about an item on Fair Go investigating On the Go Eastgate (OTG Eastgate), a business providing vehicle Warrants of Fitness (WoFs). A customer had complained to Fair Go that OTG Eastgate did not inform her about a $10 weekend surcharge prior to carrying out and charging her for her WoF. Fair Go sent an actor with a hidden camera to investigate this and other claims about OTG Eastgate’s services. Danny Chand, the owner of OTG Eastgate, complained that the broadcast breached the fairness, accuracy and programme information standards. The Authority found that Mr Chand and his business were treated fairly as he was given sufficient opportunities to respond to the claims made in the broadcast, and it was reasonable and justified in the public interest for the broadcaster to use a hidden camera to investigate the claims....

Decisions
Nicol and Television New Zealand Ltd - 2003-070
2003-070

ComplaintHolmes – coverage of rally driver Possum Bourne’s funeral service – tribute by eight-year-old son – breach of child’s privacy FindingsStandard 3 and Guideline 3a – Privacy Principle (vii) – best interests of child considered by broadcaster – no uphold This headnote does not form part of the decision. Summary [1] Coverage of rally driver Possum Bourne’s funeral service was broadcast on Holmes on TV One at 7. 00pm on 6 May 2003. The item included the tribute made by his eight-year-old son, Taylor Bourne. [2] Kevin Nicol complained to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item, broadcast by Television New Zealand Ltd, breached the child’s privacy....

Decisions
Rawlings and Television New Zealand Ltd - 1998-103
1998-103

Summary Some dissatisfaction expressed by three purchasers of cars from Saevue Motors in New Plymouth was considered in an item broadcast on Holmes, between 7. 00–7. 30pm on 11 December 1997. The possibility of odometer tampering was raised. Mr Rawlings complained to Television New Zealand Limited, the broadcaster, that the item was unbalanced and unfair. He noted that there had been no effort to gauge the extent of the problem among the company's total customer base, and he claimed that the company was portrayed as a "monster". On the basis that the information contained in the item justified the investigation, TVNZ reported that it had tried unsuccessfully to persuade the company to participate in the programme. It declined to uphold any aspect of the complaint. Dissatisfied with TVNZ’s decision, Mr Rawlings referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 2022-083 (26 October 2022)
2022-083

An item on 1 News reported on clashes between mourners and Israeli police at the funeral of Palestinian-American journalist Shireen Abu Akleh. The Authority did not uphold a complaint that the item was misleading by implying the locations of Abu Akleh’s death and her funeral were in Israel and by impliedly ‘exonerating’ Israel for its police force’s actions at the funeral and for Abu Akleh’s death. While the item did not specify the city or country where the events took place, the Authority found the generic place descriptors used combined with references to ‘Israeli police’ and ‘Israeli forces’ being present would not have misled the audience to believe the events occurred in Israel. It further found the broadcast did not impliedly ‘exonerate’ Israel. Not Upheld: Accuracy...

Decisions
Carswell and Television New Zealand Limited - 2021-113 (1 December 2021)
2021-113

The Authority considered a complaint about a promo for Taskmaster which was aired during the programme Breakfast (unclassified) at 7. 30am, and a promo for My Life is Murder which was aired during the programme The Chase (rated G) at 5. 35pm. The Authority did not uphold the complaint that these promos, which contained brief sexual references, breached the children’s interests standard. It found the references were mild and inexplicit, were not likely to alarm or distress children, and met the requirements for a G classification. Not Upheld: Children’s Interests...

Decisions
Canterbury Health Ltd and Television New Zealand Ltd - 1998-104
1998-104

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-104 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CANTERBURY HEALTH LIMITED of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hunt and Television New Zealand Ltd - 2005-002
2005-002

Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – item reporting on Ahmed Zaoui, an Algerian refugee, having his birthday in a New Zealand prison – allegedly unbalancedFindingsStandard 4 (balance) – balance provided during period of current interest – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on Flipside on TV2 at 5pm on 7 December 2004 reported on Ahmed Zaoui, an Algerian refugee, who was having his birthday in a New Zealand prison. Flipside was a news and current interest programme delivered in a style that appealed to a youth audience. [2] The item comprised video showing Mr Zaoui’s supporters holding a “birthday party” outside the prison, comments from his supporters and a studio interview with his lawyer....

Decisions
Walker and Television New Zealand Ltd - 1999-176
1999-176

Summary An Assignment programme broadcast on TV One at 8. 30pm on 15 July 1999 examined a theory which linked those who abused animals in their youth to violent offences in later years. The documentary included video footage of teenage boys tormenting a dog. It was explained that they had filmed the video themselves. Joanne Walker complained to Television New Zealand Ltd, the broadcaster, that she was disgusted that the programme included footage of boys subjecting a dog to torture. In her view, it violated the Code relating to the Portrayal of Violence. In addition, she noted that there had been no warning preceding the programme. TVNZ responded that the incident had been edited in such a way as to convey the cruelty inflicted on the animal while avoiding showing what actually occurred....

Decisions
Hunt and Television New Zealand Ltd - 1998-117
1998-117

Summary In an item on Holmes broadcast on 1 July 1998 between 7. 00–7. 30pm, tributes were paid to a nine-year-old girl who had died from a brain tumour. It was reported that in spite of having had surgery in the United States, she had recently died. Mrs Hunt of Auckland complained to Television New Zealand Ltd, the broadcaster, that the close up pictures of "a very ill, sad and distressed child" were totally unnecessary and would have caused distress to any parents or children suffering from terminal illnesses. She said she considered it in the worst possible taste to show pictures of a child close to death, and she contended it was particularly disturbing to children. TVNZ emphasised that the tribute to the little girl reflected the Holmes team’s esteem for her....

Decisions
Whitmore and Television New Zealand Ltd - 1999-029
1999-029

SummaryThe word "Poms" was used on Breakfast broadcast on TV One on 23 December 1998 at 7. 00am in reference to the English cricket team which was touring Australia. Mr and Mrs Whitmore complained to Television New Zealand Ltd, the broadcaster, that the word "pom" was without doubt racial discrimination. They asserted that no other race was belittled in the same way, and noted that the remark was often used in association with a report of a losing sporting performance. TVNZ responded that in its view the word did not carry the offensive connotations which the complainants attached to it. It was, TVNZ argued, a term used affectionately by residents of New Zealand and Australia. It noted that the issue had already been before the Authority which had concluded that the term did not breach broadcasting standards. It declined to uphold the complaint....

Decisions
Faber and Noble and Television New Zealand Ltd - 1997-151, 1997-152
1997-151–152

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-151 Decision No: 1997-152 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by W G FABER of Gore and C B NOBLE of Wanganui Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Paranjape and Television New Zealand Ltd - 2009-067
2009-067

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on two National MPs and whether their business links in India were in conflict with their public roles in New Zealand – included footage of street scenes in India – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage did not contain any material which threatened standards of good taste and decency – not upheld This headnote does not form part of the decision. Broadcast [1] A One News item, broadcast on TV One at 6pm on 30 March 2009, reported that two National MPs were facing questions about whether their business links in India were in conflict with their public roles in New Zealand....

Decisions
Taylor and Television New Zealand Ltd - 2008-002
2008-002

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – host introduced the episode by saying “Good evening, kia ora, fuck your mother” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Eating Media Lunch was a series broadcast on TV2 that lampooned aspects of the media both in New Zealand and overseas. The host introduced the episode broadcast at 10pm on Friday 2 November 2007 with the following words: Good evening, kia ora, fuck your mother. [2] The episode was preceded by a verbal and visual warning which said: This programme is rated Adults Only. It contains language and sexual material that may offend some people. Complaint [3] Martin Taylor made a formal complaint about the introduction to Television New Zealand Ltd, the broadcaster....

Decisions
Schon and Television New Zealand Ltd - 2022-080 (26 October 2022)
2022-080

The Authority has not upheld a complaint that an item on 1 News concerning increased racism experienced by public figures in relation to co-governance issues breached the balance, accuracy and discrimination and denigration standards. The complainant alleged the association of opponents of co-governance with racist abuse was an attempt to paint all opponents as racist and stop debate. The Authority found the broadcast was accurate and the expert featured could reasonably be relied upon, and the balance standard was not applicable. While the complainant was concerned the broadcasts denigrated opponents of co-governance, this group is not a recognised section of society for the purposes of the standard. Not upheld: Accuracy, Balance, Discrimination and Denigration...

Decisions
Steele and Television New Zealand Ltd - 2022-104 (22 November 2022)
2022-104

The Authority has not upheld a complaint that an episode of Unbreakable, which featured stories about New Zealanders with disabilities, including Golriz Ghahraman MP, was unbalanced and unfair. The Authority noted it is not unbalanced to include an MP in a story, and that as a human interest piece, alternative viewpoints were not required to be presented. The fairness standard did not apply. Not Upheld: Balance, Fairness...

Decisions
Bancilhon and Television New Zealand Ltd - 2022-094 (7 December 2022)
2022-094

An item on 1 News reported on the outcome of the US defamation trial between Johnny Depp and Amber Heard. The Authority did not uphold a complaint that the item lacked balance by favouring Heard’s perspective and that certain statements were inaccurate or misleading. It found the balance standard did not apply as the complainant’s concerns did not relate to the omission of perspectives concerning a controversial issue of public importance as required. In any event, reasonable efforts were made to present Depp’s perspective. In relation to the statements that were allegedly inaccurate or misleading, the Authority found they were either materially accurate, or distinguishable as analysis, comment or opinion to which the accuracy standard did not apply. Not Upheld: Balance, Accuracy...

Decisions
Porter and Television New Zealand Ltd - 2022-122 (8 February 2023)
2022-122

The Authority has not upheld a complaint an item on 1 News concerning the deaths of over 125 people at Kanjuruhan Stadium in Indonesia breached the balance and accuracy standards. The complainant alleged it was offensive and careless to compare this tragedy to the 1989 Hillsborough disaster, as in Hillsborough the ‘fans played no role in causing the disaster. ’ The Authority found the balance standard did not apply as the broadcast’s mention of other disasters at football stadiums did not constitute a ‘discussion’ for the purposes of the standard. It did not uphold the complaint under the accuracy standard as it was not misleading to suggest Hillsborough was one of football’s worst tragedies. Not Upheld: Balance, Accuracy...

Decisions
Francis and Television New Zealand Ltd - 2021-045 (6 September 2021)
2021-045

The Authority did not uphold a complaint under the good taste and decency and children’s interests standards about an item on 1 News reporting live from Wellington amid protests against increasing rates of sexual violence, which showed a protest sign in the background reading ‘Don’t fuckin’ touch me’. Although some viewers may have been surprised by this, the Authority found overall the potential harm did not outweigh freedom of expression. The Authority took into account: the high public interest in the item; the sign was partially obscured for half of the item; the word complained about was not spoken; and the broadcaster had limited editorial control over the public’s actions during a live cross to the reporter. Not Upheld: Good Taste and Decency, Children’s Interests...

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