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Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – headline summary on the respective National Party and Labour Party plans to provide financial assistance to New Zealanders who lost their jobs as a result of the economic crisis – allegedly unbalanced and inaccurate Findings Standard 5 (accuracy) – statement that Labour’s policy applied to anybody who lost their job was inaccurate – headline summary would have misled viewers – upheld Standard 4 (balance) – subsumed into consideration of accuracy No Order This headnote does not form part of the decision. Broadcast [1] During a round-up of the day’s top stories on One News, broadcast on TV One at 6....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R J ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1/95 Dated the 24th day of January 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DENNIS FRANK of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaints under section 8(1)(a) of the Broadcasting Act 1989State of the Nation – televised debate on race relations included expert panel and studio audience – allegedly unbalanced and partial FindingsStandard 4 (balance) – reasonable efforts made to canvass a range of views from both sides in context – impartial – not upheld Standard 5 (accuracy) – no inaccuracies – 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 two-hour programme was a live panel and studio audience discussion, in which the participants discussed race issues between Māori and Pakeha in New Zealand society. The programme was hosted by Anita McNaught, and co-hosted by Robert Rakete and Kerre Woodham. Complaints [2] Colin Cross complained to Television New Zealand Ltd, the broadcaster, that the programme was unbalanced and partial....

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

ComplaintOne News – CCS referred to as Crippled Children’s Society – obsolete – discriminatory – inaccurate – unfair FindingsStandard 5 – not inaccurate – no uphold Standard 6 and Guideline 6g – denigration or discrimination not encouraged – no uphold This headnote does not form part of the decision Summary [1] The return to Wellington of night-club entertainer, Carmen, was dealt with during an item on One News broadcast on TV One between 6. 00–7. 00pm on 25 October 2002. The reporter pointed to one building bearing the CCS logo which, he said, had been a brothel and was now used by the Crippled Children’s Society. [2] Russell Vickery, a National Board Representative with NZCCS, complained to Television New Zealand Ltd, the broadcaster, that as the organisation was the New Zealand CCS Incorporated, it was incorrect and unfair to describe it as the Crippled Children’s Society....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about two young people training for the priesthood at a seminary on Ponsonby Road – reporter used phrases “big boss” and “big guy” when referring to God and said “helluva” – allegedly in breach of good taste and decency and denigratory FindingsStandard 1 (good taste and decency) – context – not upheld Standard 6 and guideline 6g (denigration) – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision....

ComplaintOne News – Gisborne pathologist – misdiagnosis – inaccurate interpretation of statistics; unfair to pathologist FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to report the errors – no uphold This headnote does not form part of the decision. Summary The inquiry into the misdiagnosis of cervical smears in Gisborne was the subject of a report on One News broadcast on TV One on 7 January 2000 between 6. 00–7. 00pm. The item reported that the pathologist’s error rate was 86%. Stuart Slater complained to Television New Zealand Ltd, the broadcaster, that the report was inaccurate and unfair to the pathologist. In his view, an attempt should have been made to provide a neutral, informed commentary against the allegations made. TVNZ responded that its report accurately represented the figures released by the Health Funding Authority and were attributed to it....

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(1)(a) of the Broadcasting Act 1989Agenda – item dealt with interview of the Hon John Tamihere MP published in Investigate magazine – Mr Tamihere had later claimed that he did not know the interview was being recorded – item included extracts of interview with complainant, Ian Wishart, editor of Investigate, who spoke about recording process – item also discussed journalistic ethics as to when interviews are “on” or “off the record”, and the specific expectations of interviews with politicians – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – credibility of serving Member of Parliament and former Cabinet Minister is controversial issue of public importance – credibility issues raised and viewers left to decide – competing accounts presented – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision....

Complaint Mercy Peak – sexual scenes – offensive – indecent themes – broadcaster not mindful of the impact on teenage viewers FindingsStandard 1 – contextual matters – no upholdStandard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Mercy Peak is a New Zealand drama series. An episode broadcast on TV One at 8. 35pm on Wednesday 25 September 2002 included a sex scene between two characters who were portrayed as having an affair. [2] Anne Shearer complained to Television New Zealand Ltd, the broadcaster, that the sex scene shown and the story-line were offensive. In her view, TVNZ had been irresponsible because it had failed to consider the impact of such themes on teenage viewers. [3] When the broadcaster failed to respond to her formal complaint, Ms Shearer referred it to the Broadcasting Standards Authority under s....

ComplaintCoca Cola Chart Show – music videos – All The Things She Said – Beautiful – scenes of same-sex kissing removed – unfair – discriminatory FindingsStandard 6, Guideline 6g – no discrimination – threshold not reached – no upholdThis headnote does not form part of the decision. Summary [1] Music videos All The Things She Said and Beautiful were broadcast on TV2’s Coca Cola Chart Show from 10. 00am. The first video screened on 2, 16, 23 and 30 March and 6 April 2003. The second video was shown on 23 and 30 March and 6 April 2003. [2] Jordan Carter on behalf of New Zealand Young Labour, Karena Brown, Andrew Rowse and Tony Milne all complained to Television New Zealand Ltd, the broadcaster, that the edits made to the music videos to remove scenes involving same-sex kissing were discriminatory....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – complainant was convicted of raping and abusing his daughter and sentenced to 14 years imprisonment – subsequent legal dispute between them about ownership of painting – daughter withdrew from proceedings which were resolved in complainant’s favour – item reported that complainant while in prison had then brought private prosecution for fraud against daughter arising from dispute over painting – item reported that daughter unable to get legal aid for painting dispute and required to sell her house – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – item not unbalanced – not upheld Standard 5 (accuracy) – item not inaccurate – not upheld Standard 6 (fairness) – item not unfair – not upheld The Authority declined to determine aspects of the complaint pursuant to section 11(b) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go Ad Awards – two teams of advertisers were asked to “sell us Quade Cooper for New Zealand’s next Prime Minister” during live advertising awards – included comments such as, “everyone hates Quade Cooper” – allegedly in breach of fairness and discrimination and denigration FindingsStandard 6 (fairness) – piece was intended to be light-hearted and humorous, rather than malicious or abusive – presented in the spirit of good-natured ribbing and team rivalry – Mr Cooper not treated unfairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

Complaint60 Minutes – sex tourist trade in Thailand – breasts exposed – offensive behaviour – unsuitable for children FindingsStandard G2 – not unsuitable in context – no uphold Standard G12 – warning sufficed to comply – no uphold This headnote does not form part of the decision. Summary A 60 Minutes item broadcast on TV One on 12 November 2000 beginning at 7. 30pm examined the exploitation of young women in the sex industry in Thailand. It examined the attitudes of a group of Australian men who went to Thailand for sex holidays. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that a scene where a young woman exposed her breasts was offensive and inappropriate for broadcast at a time when children were likely to be watching television. He also complained about some night club scenes where women were seen "gyrating"....

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....