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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-087 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-017 Dated the 26th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TIM SHADBOLT of Invercargill Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The film "Striptease" which starred Demi Moore and Burt Reynolds was screened at 8. 30pm on TV2 on 31 January 1999. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the film, which depicted a woman with naked breasts during a striptease act, was offensive and unsuitable for younger viewers. He also claimed that the film was of no social or educational value. TVNZ advised Mr Harang that it did not consider that the broadcast had breached norms of decency and taste. The broadcaster also maintained that it had been mindful of the effect of the programme on children because it had assigned the film an AO classification and had preceded its broadcast with an explicit warning. The film, it said, had screened after the established 8. 30pm watershed. Dissatisfied with TVNZ’s decision, Mr Harang referred the complaint to the Broadcasting Standards Authority under s....

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on Air Force helicopter crash on ANZAC Day – first reporter reported from the site of the crash – second part of the item showed photographs of the men who died, parts of their Facebook pages and past interviews with them – showed footage of the sole survivor being taken to an ambulance on a stretcher – item included comment from head of the Air Force – allegedly in breach of privacy FindingsStandard 3 (privacy) – privacy standard does not apply to deceased individuals – servicemen’s family members not identified – no private facts disclosed about surviving serviceman – footage of survivor not obtained by prying – broadcaster exercised adequate care and sensitivity – information about the crash and the survivor of legitimate public interest – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond The Darklands – programme was a case study of convicted murderer William Bell based on the recollections of friends, teachers and others as well as analysis by psychologist – programme disclosed the name of the street Mr Bell used to live on with his mother – included claims Mr Bell was abused by his family as a child and worked as a prostitute – allegedly in breach of privacy, accuracy and fairness standards Findings Standard 5 (accuracy) – programme was a case study – viewers would have realised that the interviewees and psychologist were not making statements of fact, but providing individual perceptions and analysis – not upheld Standard 6 (fairness) – programme not required to obtain comment from complainant – nature of programme – range of views and analysis provided were a fair reflection of the complainant – not upheld Standard 3 (privacy)…...

Complaint under section 8(1)(c) of the Broadcasting Act 1989Sunday – item about marketing 42 Below vodka in the American market – featured interview with gay bar owner – allegedly in breach of privacyFindingsStandard 3 (privacy) – no private facts revealed – consent given for interview – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Sunday on TV One at 7. 30pm on 12 June 2005 featured a marketing manager, James Dale, who had been appointed to promote a New Zealand vodka called 42 Below in the American market. [2] The item included an interview with the owner of a gay bar, John Libonati, who had sent Mr Dale an email condemning the disparaging comments Mr Dale had made about gay culture. Mr Libonati said that he had received a reply from James Dale which had included a number of insults....

ComplaintOne News – kiwi released back to wild after recovery from injury in “hunter’s trap” – allegedly inaccurate and unfair to describe person who accidentally trapped kiwi as “hunter” – allegedly denigrated recreational huntersFindings Standard 5 – “hunter” and “trapper” sufficiently synonymous – not inaccurate – not upheld Standard 6 – recreational hunting not an “occupational status” and recreational hunters not a “section of the community” under Guideline 6g – recreational hunters not referred to in item – not upheld This headnote does not form part of the decision Summary [1] An item broadcast on One News on TV One on 6 January 2004 reported that a kiwi had been released back into the wild after five months spent recovering from “life-threatening injuries [sustained] in a hunter’s trap”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item about two young New Zealanders who won prizes in an essay competition on issues of public concern – one essay about the impact of mussel farming on the marine environment – allegedly unbalanced FindingsStandard 4 (balance) – essay competition was the item’s focus, not mussel industry – not upheld Standard 5 (accuracy) – opinions not facts about mussel industry advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Two young New Zealand conservationists who had won prices in an essay competition were interviewed in One News broadcast on TV One beginning at 6. 00pm on 18 July 2004. One had written an essay on the impact of mussel farming on the marine environment, focusing on the Marlborough Sounds....

Summary A short sequence in Havoc and Newsboy’s Sell-Out Tour showed the characters Mikey Havoc and Jeremy Wells (Newsboy) camping on Great Barrier Island. The item was broadcast on TV2 on 20 July 1999 at 10. 00pm. Robin Court complained to Television New Zealand Ltd, the broadcaster, that the programme showed and "advocated" camping and related activities on and around property owned by the Onekokoru Trust. He said that some of the activities breached or could breach by-laws, and that the "unauthorised use" of Trust property was offensive and deeply disturbing to members of the Trust. TVNZ responded that the land it showed was not identifiable as Trust property. Accordingly, it said that the programme did not advocate anything about the merits of Trust property as a camping place....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with woman who was launching a brand of cosmetics made from natural ingredients – contained a number of statements about the chemicals contained in mainstream cosmetics, including that most contained parabens – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – item did not discuss a controversial issue of public importance – presented one woman’s views and experiences – not upheld Standard 5 (accuracy) – interviewee was not presented as an expert – viewers would have understood that her comments were opinion and not statements of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigated the “purity movement” in the United States – after the item the presenter stated, “Well as you’ve heard earlier, the attrition rate is a big one. Lots of girls grow up and question the commitment they’ve made. It is believed that more than 80 percent break their purity vows” – statement allegedly inaccurate FindingsStandard 5 (accuracy) – presenter’s statement distinguishable as commentary on what was said in the item – exempt from accuracy under guideline 5a – not upheld by majority This headnote does not form part of the decision. Broadcast [1] During Sunday, broadcast on TV One at 7. 30pm on 3 April 2011, an Australian Channel 7 story, entitled “Thrill of the Chaste”, investigated the “purity movement” in the United States....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item reported on saving fuel costs – contained a number statements about hybrid cars, including the following comment which referred to the Toyota Prius, “The bottom line is that the British Consumer’s Institute just did a comparison between a diesel car and a hybrid car and found that the diesel car was in fact more efficient....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Beyond the Darklands – upcoming episode discussed the death of three-year-old Nia Glassie – excerpt of commentary from a news item referred to “kicking her head in” – allegedly in breach of good taste and decency, and responsible programming standards FindingsStandard 1 (good taste and decency) – while the subject matter of the upcoming episode was distressing, the promo itself was reserved and respectful – details of the abuse were widely reported by media – taken in context the promo did not threaten standards of good taste and decency – not upheld Standard 8 (responsible programming) – promo was correctly classified PGR and screened during an appropriate host programme – promo was not presented in a way that would have caused alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about dispute between two local councils in Manawatu region – stated that “Horizons Regional Council is taking Palmerston City Council to Court because it says the city is polluting the Manawatu River with sewage” – out-of-focus image of cattle grazing was displayed during the introduction to the item – allegedly in breach of accuracy and discrimination and denigration standards FindingsStandard 5 (accuracy) – image of cattle was blurry and difficult to discern – was used as visual wallpaper for introduction to item relating to pollution in rivers – image was not related to the item, but the item made it clear the focus was on pollution from sewage so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – farmers are not a section of the community to which the standard applies – not upheld This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – episode showed three dogs being taken from their owner as they were not registered and were aggressive towards other dogs – allegedly in breach of law and order, controversial issues and responsible programming standards FindingsStandard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – focus was on dogs being removed from owner because they were not registered – not upheld Standard 4 (controversial issues) – programme did not discuss a controversial issue of public importance – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Unauthorised History of New Zealand – cartoon involving “King Dick” who ejaculated onto the face of a Chinese character – allegedly in breach of good taste and decency. Findings Standard 1 (good taste and decency) – cartoon satirised anti-Asian views of former Prime Minister – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history. In an episode broadcast on TV One at 10. 30pm on 20 July 2008, the programme reviewed past Prime Ministers of New Zealand, including Robert Muldoon and Michael Savage, also mentioning Helen Clark (the then Prime Minister) and John Key (the National Party leader)....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – statement broadcast about a complaint upheld by the Authority – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – statement was an accurate representation of the Authority's decision – not upheld Standard 6 (fairness) – nothing unfair to Mr Greally in the statement – not upheld This headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd was ordered to broadcast a statement after a complaint had been upheld by the Broadcasting Standards Authority. Decision No: 2006-020 related to a complaint by Elizabeth Dunning about a One News item screened on 3 February 2006. The statement required by the Authority was broadcast on TV One during One News at approximately 6pm on 22 November 2006....

Download a PDF of Decision No. 1993-173:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-173 PDF259. 91 KB...

Download a PDF of Decision No. 1992-060–062:Sharp, Nelson and Christian Heritage Party and Television New Zealand Ltd - 1992-060, 1992-061, 1992-062 PDF858. 38 KB...