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ComplaintFair Go – item about pamphlet distributed by complainant – a legal firm – offering assistance to victims of sexual abuse in dealing with ACC – item failed to maintain standards of law and order – unbalanced and complainant’s response presented inadequately – unfair as story subject’s waiver was incomplete – inaccurate – hearing sought in view of numerous complex legal and factual issues Decision on application for hearingDeclined This headnote does not form part of the decision. INTERLOCUTURY DECISION Background [1] A pamphlet offering assistance to victims of sexual abuse in securing compensation from ACC was distributed by the complainant – a legal firm. On behalf of a victim, named as "Sally", Fair Go reported her dissatisfaction with the complainant and investigated the propriety of a pamphlet of this kind. The item was broadcast on Fair Go on TV One at 7. 30pm on 26 June 2002....

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....

ComplaintOne News – Hector dolphins on the Avon river – comment from observer – "just watching dolphins…sitting like a dork in the rain – use of term "dork" offensive Findings Standard G2 – no breach of good taste and decency – no uphold This headnote does not form part of the decision. Summary The word "dork" was used by a man interviewed during an item on Hector dolphins, broadcast on One News on 28 November 2000 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word dork, which he described as a "gutter word for penis" was irrelevant to the appearance of the dolphins. He contended that it should not have been broadcast in an early evening item of high interest to children....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item discussed “all-out war” between the Wellington Mayor and a city councillor – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – use of psychologist trivialised the situation but viewers unlikely to have taken her comments seriously – Mayor given adequate opportunity to comment – not unfair to Ms Prendergast or to the Council – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 16 July 2009, was introduced by the presenter as follows: What on earth is going on at Wellington City Council?...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Breakfast – one host made anti-Australian and anti-French remarks – allegedly in breach of good taste and decency and denigratory to the French. FindingsStandard 1 (good taste and decency) – denigration of French was essence of complaint – subsumed under Standard 6Standard 6 and guideline 6g (denigration) – high threshold for denigration not met – not upheldThis headnote does not form part of the decision. Broadcast [1] Breakfast is a news and magazine programme broadcast each weekday on TV One between 7. 00–9. 00am. On 17 July 2006, the hosts were involved in a light-hearted discussion about the marketing of New Zealand and lower-priced Chilean wine in some stores in Australia, when one of the hosts asked viewers: “Don’t you just hate Australians? ” He said that he did so, and added: “It used to be the French”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News, Marae and Te Karere – One News newsreader referred to Prince William as the popular choice for the next “King of England” – Marae discussion on constitutional change – presenter and guests referred to “Queen of England” – Te Karere item referred to Princes Charles as the “monarch of England” – all items allegedly inaccurate, and in breach of law and order standardFindingsStandard 2 – no basis for complaint – not upheld Standard 5 – not inaccurate – use of phrase “Queen/King of England” acceptable description – not upheldThis headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd broadcast items on Marae on 14 November 2004, One News on 11 February 2005 and Te Karere on 8 March 2005, all of which referred in some way to the British Royal Family....

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....

Summary The Jesus Seminar movement, which denies the literal resurrection of Christ, was the subject of an item on Holmes broadcast on TV One beginning at 7. 00 pm on Good Friday, 10 April 1998. Mr Fox complained to Television New Zealand Limited, the broadcaster, that the item was biased and unbalanced in failing to interview a person of equal academic standing to Dr Veitch, who had been interviewed on behalf of the movement. Footage of school children in the item gave the message that Easter was for children and at the same level of belief as the Easter bunny, he wrote. TVNZ replied that it was appropriate on Good Friday to reflect on the diversity of views which existed within Christianity. The pastor interviewed had an extensive background in theological research, TVNZ wrote, and he provided the item’s balance....

Summary Station identification promos broadcast on TV One included the slogan "Together We’re One", and the logo "Celebrating New Zealand". Mr Seymour complained to the broadcaster, Television New Zealand Limited, that the promos encouraged the denigration of Maori and, in particular, discrimination against the legitimate expression of Maori cultural and political beliefs. They promoted, he wrote, an ideology that was inherently assimilationist. TVNZ responded that the reference to "One" was to TV One. The promos implicitly reflected a "one-ness" between TV One and its viewers, and placed that theme in a determinedly bi-cultural context which recognised cultural diversity, it replied. It declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mr Seymour referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

ComplaintWhat Now? PM – decriminalisation of cannabis – information intended for children – pictures of a joint being rolled – unsuitable for childrenFindingsStandard G12 – visuals not consistent with voiceover commentary – unsuitable for children – uphold No Order This headnote does not form part of the decision. Summary The decriminalisation of cannabis was the subject of an item on What Now? PM broadcast on TV2 on 13 July 2000 at about 5. 00pm. Footage accompanying the item showed a cannabis joint being rolled, and two people sharing a joint. Sharon Wilton complained to Television New Zealand Ltd, the broadcaster, that the visual content was unsuitable for inclusion in a programme intended for children. TVNZ explained that the purpose of the item was to inform children of the legislative moves to decriminalise cannabis and the position of MP Nandor Tanczos....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Big Bang Theory – scene showed a male and female character drinking alcohol and then in bed together – allegedly in breach of law and order, responsible programming, children’s interests, violence and liquor FindingsStandard 9 (children’s interests) – liquor consumption was borderline in a PGR programme but scene involved fictional adult characters in a comedic context – acceptable for children with parental guidance – not upheld Standard 11 (liquor) – programme did not advocate liquor consumption – no liquor promotion – showing liquor was incidental to the programme – not upheld Standard 2 (law and order) – programme did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme did not contain subliminal perception – not upheld Standard 10 (violence) – programme did not contain any violence – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – live televised debate on race relations included panel and studio audience – comments by Derek Fox interpreted as stating that Don Brash (the Leader of the Opposition) has not read the Treaty of Waitangi – allegedly inaccurateFindingsStandard 5 (accuracy) – comment misinterpreted – not upheld This headnote does not form part of the decision. Broadcast [1] State of the Nation was broadcast on TV One at 8. 35pm on 10 June 2004. The programme was a panel and studio audience discussion, broadcast live, in which the participants discussed race relations issues between Māori and Pākehā in New Zealand....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a One News item "fundamentally misrepresented" the Electoral Finance Bill by saying, first, that "new rules for election spending will mean big donations to political parties' campaigns will no longer be kept secret", and second, that "other secret donors would also be outed – donations over $5000 would have to be declared”. The complainant said the Bill required no greater degree of disclosure of the amounts of donations and the identities of donors than the existing law. The Broadcaster’s ResponseTVNZ said the story was about third party activities at election time, rather than donations to political parties. As third parties would have to register with the Electoral Commission if they intended to spend more than $5,000 on an election campaign, their identity would no longer be secret....

SummaryEpisodes 12 and 13 of the series Havoc and Newsboy’s Sell-Out Tour were broadcast on TV2 on consecutive Tuesday evenings on 17 and 24 August 1999 beginning at 10. 00pm. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that what he called gratuitous swearing on the programme, which included the use of the word "fuck", breached the good taste standard. TVNZ responded that in the context of a late evening broadcast and the fact that the programmes were classified as AO, it did not consider that the language used posed a threat to the standard. It also suggested that the approach taken by Mikey Havoc and Jeremy Wells (Newsboy) was by now sufficiently well-established for the language to have come as no surprise to viewers....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fence Jumping – promo – documentary about gay men who “came out” when married – broadcast during One News beginning at 6. 00pm – allegedly offensive, inappropriately classified and unsuitable for childrenFindings Standard 1 and Guideline 1a (good taste and decency) – context – not upheld Standard 7 and Guideline 7b (classification) – appropriately classified as G – not upheld Standard 9 (children’s interests) – homosexuality dealt with in straightforward way which was suitable for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the documentary Fence Jumping was broadcast during One News at about 6. 30pm on Sunday 25 April 2004. The documentary was about men who, while married, realised that they were gay and how such men “came out”. The promo indicated the programme’s content....

Summary[This summary does not form part of the decision. ]Seven Sharp featured the story of a man who, due to delays in having minor surgery for a skin cancer cyst, suffered severe health problems. The man said that ‘[The cyst] went from less than a centimetre to 35 centimetres’. The Authority did not uphold a complaint that the description of the cyst as ‘35 centimetres’ was inaccurate. The exact measurement was not a material point of fact in the item, and it was clearly the man’s own recollection of his experience. Not Upheld: AccuracyIntroduction[1] Seven Sharp featured the story of a man who, due to delays in having minor surgery for a skin cancer cyst, had his eye and part of his face removed and was given a terminal diagnosis....

Summary[This summary does not form part of the decision. ]An episode of Dog Squad featured footage taken at a named international airport in New Zealand, during which a Ministry for Primary Industries detector dog found an apple in a couple’s bag. PN, a Quarantine Officer, was shown questioning the couple about the apple and issuing them with a fine. The faces of PN and the couple, and PN’s identity tag, were blurred and PN was not named. The Authority did not uphold a complaint that the segment breached PN’s privacy. While it found that, despite the blurring, PN was identifiable in the broadcast, it did not consider that any private information was disclosed during the segment....