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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 129/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CLIFF TURNER of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on two National MPs and whether they supported the National Party’s stance on global warming – included footage of a reporter asking the MPs whether they believed in global warming – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item was not about global warming – item looked at whether the personal views of two National MPs regarding climate change were consistent with their party’s stance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – reporter asked legitimate questions in a professional manner – MPs treated fairly – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Top of the Class – boy commented that playing the recorder was “gay” – allegedly encouraged denigration of and discrimination against homosexual peopleFindingsStandard 6 (fairness) and guideline 6g (denigration and discrimination) – boy used the word “gay” to mean “lame” or “stupid” – did not amount to the high level of invective required for a breach of the standard – not upheldThis headnote does not form part of the decision. Broadcast [1] Top of the Class was a reality entertainment programme, broadcast on TV One, in which New Zealand celebrities were paired with 10-year-old look-alikes and vied with each other in various competitions. In an episode broadcast at 7. 30pm on Sunday 11 June 2006, the contestants were learning how to play the recorder. One of the young schoolboys said “recorders is (sic) gay, extremely gay”....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....
This decision was successfully appealed in the High Court: CIV 2004-485-1299 PDF930. 17 KB Complaint under s. 8(1)(c) of the Broadcasting Act 1989 One News and Late Edition – item about a Medical Practitioners Disciplinary Tribunal hearing – complainant gave evidence – name suppressed – complained that she was identifiable from audio of voice and visual of part of her body – item included complainant’s occupation – alleged breach of privacyFindings Standard 3 (privacy) – complainant identifiable because job description given together with visuals and audio – name suppression order given by court or tribunal not in itself grounds for privacy complaint – name suppression in this case given to all witnesses to ensure that they could continue to function effectively as Board employees – disclosure of B A’s role as witness in these circumstances highly offensive – upheldOrder Compensation to the complainant of $1500 under s....
Diane Musgrave declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Murder on the Blade?...
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....
ComplaintThe Book Group – drama – male sex scene – offensive FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The Book Group is a series about a group of people who regularly meet to discuss books, and is described by the broadcaster as a “quirky and unpredictable drama”. An episode broadcast on 24 September 2003 at 10. 05pm on TV One included a scene of two men having sex. [2] Michael Beedell complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and “inappropriate for public viewing”. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Beedell referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....
ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....
Peter Radich declared a conflict of interest and did not participate in the Authority's determination of this decision. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item focused on an investigation of alleged dangerous driving practices in the New Zealand Army – contained interviews with an army driving instructor Greg McQuillan and Colonel Paul van Den Broek – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – NZDF given adequate opportunity to respond to allegations and present the Army's perspective – broadcaster provided the necessary significant viewpoints on the topic within the period of current interest – not upheld Standard 5 (accuracy) – comment, "A licence to kill?...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme – referred to “pollution”, “polluters” and “carbon” – allegedly inaccurateFindings Standard 5 (accuracy) – item used simplified language to convey scientific concepts to the average viewer – not inaccurate or misleading – not upheldThis headnote does not form part of the decision. Introduction[1] An item on One News, broadcast on TV One at 6pm on 10 July 2011, reported on Australia’s recent attempts to reduce pollution by introducing a carbon tax scheme. The item contained the following statements:“Australia is following New Zealand’s lead on reducing pollution by unveiling a new carbon tax scheme. ” (newsreader) “The science is clear. Our planet is warming. That warming is caused by carbon pollution by human activity and we need to cut carbon pollution....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Last House on the Left – horror movie contained scene which showed the violent rape of a young teenage girl – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – rape scene was justified by the movie’s “external” and “narrative” context – viewers were provided with sufficient information to regulate their own viewing behaviour – not upheld Standard 10 (violence) – contextual factors – rape scene was not gratuitous or designed to titillate – explicit warning for graphic and sexual violence – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Introduction [1] The Last House on the Left, a remake of a 1972 horror movie by Wes Craven, was broadcast on TV2 at 10....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Votes for Women: What Really Happened? (More or Less) – Sunday Theatre docudrama about New Zealand being the first country to give women the right to vote – allegedly inaccurate Findings Standard 5 (accuracy) – programme was a docudrama which legitimately employed dramatic licence to portray historical events – not a news, current affairs, or factual programme to which the accuracy standard applied – not upheld This headnote does not form part of the decision. Introduction [1] Votes for Women: What Really Happened? (More or Less) was broadcast as part of TV One's Sunday Theatre timeslot on 24 June 2012. It was a docudrama based on historical facts about how women in New Zealand were given the right to vote in 1893....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Horace in Slow Motion – showed cartoon pig ‘picking his nose and eating it’ – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – typical children’s humour – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] Horace in Slow Motion, a 45-second cartoon about Horace the pig, showed Horace ‘picking his nose and eating it’. The footage was accompanied by audio of children saying, “Ewww, you’re gross, Horace. ” The short programme was classified G (General) and broadcast at 5pm on Tuesday 18 June 2013 on TV2. [2] Jason Walker made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging that it was “unacceptable [in] today’s society to pick you[r] nose and eat it”....
Download a PDF of Decision No. 1993-047:Coalition of Concerned Citizens (NZ) and Television New Zealand Ltd - 1993-047 PDF267. 19 KB...
Download a PDF of Decision No. 1992-020:Fish and Television New Zealand Ltd - 1992-020 PDF465 KB...
Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....