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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-187 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GLENYSS A BARKER of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 18/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID THORNTON of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

ComplaintTeachers – shag and fuck and their derivatives – frequent use – offensive language FindingsSection 4(1)(a) and Standard G2 – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] Teachers, an eight part series, was broadcast weekly on TV One at 9. 30 on Monday evenings. Using the idiom of the staff and pupils, it told the story of a young teacher of English in a comprehensive school in England. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the episode broadcast on 13 August 2001 included offensive language when using the words "shag" and "fuck" and their derivatives. [3] In response, TVNZ described the series as "contemporary, gritty and humorous" and said that it was classified as AO, broadcast an hour after the AO watershed, and preceded with an explicit warning. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with Frank Bainimarama – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – Mr Bainimarama is a controversial political figure who should expect robust criticism – Mr Bainimarama dealt with fairly – not upheld Standard 5 (accuracy) – complainant did not identify any statements of fact that were inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sunday, broadcast on TV One at 8. 30pm on Sunday 15 November 2010, featured an interview with Frank Bainimarama. The presenter introduced the item by saying: When Commodore Frank Bainimarama expelled our High Commissioner from Fiji last week, it was just the latest in a string of tit-for-tat showdowns. . . He’s resisted being interviewed about the diplomatic stand-off until now....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

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....

Summary An item about the squalid living conditions of a Wanganui woman and her cats was broadcast on One Network News on TV One on 25 August 1999, between 6. 00pm and 7. 00pm. It included footage showing the interior of the house she lived in, which was filmed during a period when the woman was in hospital. Rev and Mrs Williams complained direct to the Broadcasting Standards Authority under s. 4(1)(c) of the Broadcasting Act 1989, that the broadcast had breached the woman’s privacy. They considered that, in filming the interior of her house, the woman’s privacy had been grossly and blatantly violated by the broadcaster, Television New Zealand Ltd. TVNZ recommended that the Authority should decline to uphold the complaint. It contended that there was a strong public interest in a story about a person living in New Zealand in such appalling conditions....

ComplaintHolmes – Waitara shooting – interview with witness – anti-police – unbalanced – partial – prejudice to fair hearing FindingsStandard G6 – eyewitness account necessarily focused on one perspective – balance achieved over time – no uphold Standard G19 – no uphold This headnote does not form part of the decision. Summary A witness to the shooting of a young man by a policeman in Waitara was interviewed in an item on Holmes broadcast on 17 July 2000 between 7. 00–7. 30pm. The item recorded that there was some discrepancy between what the eyewitness had told the police immediately after the incident and his statement to a private investigator some days later. Martyn Stewart complained to Television New Zealand Ltd, the broadcaster, that the item was an "emotive display of pure sensationalism" which would have incited the public to be biased against the police....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on the England rugby team’s tour of New Zealand – correspondent made disparaging remarks about the efforts of the English team – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – standard not primarily aimed at the type of material complained about – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 22 June 2008, presented a round-up of the English rugby team’s tour of New Zealand. The item began with a One News rugby correspondent detailing which members of the New Zealand rugby team had been injured during the tour and the problems the team was facing....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sensing Murder: Insight – programme looked into several historical unsolved murders – included commentary from three psychics – allegedly inaccurate Findings Standard 5 (accuracy) – factual information contained in the programme was accurate – psychics’ commentary about the murders was presented as their own perspective – factual material clearly distinguished from opinion, analysis and comment – no evidence viewers were misled – not upheld This headnote does not form part of the decision. Broadcast [1] A programme called Sensing Murder: Insight, broadcast on TV2 at 8. 30pm on 4 September 2007, looked at several historical unsolved murders and three psychics’ comments and insights about each case. At the beginning of the programme the narrator stated: Sensing Murder provoked a huge response from the public. Viewers were divided into two camps: believers and sceptics....

SummaryA commercial break at about 10. 25pm, during the commentators’ summary of the league match broadcast on 2 Sports Action: Lion Red League, amounted to 4 minutes 15 seconds in total. It began and finished with a 5 second sponsorship credit and included another sponsorship credit and a 30 second liquor advertisement. Liquor promotions comprised 45 seconds of the break. GALA’s Complaints Secretary, Cliff Turner, complained to Television New Zealand Ltd that four liquor promotions in one commercial break constituted saturation in contravention of the standards. Pointing out that the liquor promotions were not sequential and amounted in total to only 45 seconds of a break which lasted 4 minutes and 15 seconds, TVNZ did not accept that the promotions amounted to saturation. Dissatisfied with TVNZ’s decision, Mr Turner on GALA’s behalf referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-012 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-019 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D R CAMPBELL of Papamoa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Goober Brothers – part of Studio 2 – inventors of “Ja-Handal” – man performing handstands – dog urinated on man’s face – allegedly offensive and not in children’s interestsFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – type of humour depicted appeals to children – not upheldThis headnote does not form part of the decision. Broadcast [1] The Goober Brothers was shown as part of the children’s programme Studio 2. It was a New Zealand-made series of two-minute items featuring mad scientists who come up with weird inventions. The “Ja-Handal”, a jandal for hands, was the invention shown on the episode broadcast on TV2 at 3. 20pm on 16 April 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One Tree Hill – fictional series built around two young men with the same father – episode dealing with drink spiking and an attempted rape – contrary to children’s interests, incorrectly classified and insufficient warning – complaint upheld by broadcaster – action taken allegedly insufficientFindingsAction taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of One Tree Hill screened on TV2 at 3pm on Sunday 5 September 2004. One Tree Hill is a teen drama series built around two young men who share the same father, and it deals with issues which confront teenagers growing up in a modern society. [2] This episode included a sequence in which a young woman narrowly avoided being raped after having her drink spiked at a party....

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....

ComplaintLove Thy Neighbour – examined dispute between neighbours – complainant declined invitation to participate – address disclosed – owner and house shown – breach of privacy FindingsPrivacy – principles (i) and (v) relevant – (vi) applies – public interest defence applicable – no uphold This headnote does not form part of the decision. Summary [1] The series Love Thy Neighbour examines neighbour disputes. A boundary dispute between neighbours in Whangarei was one of the items dealt with in the repeat episode broadcast at 11. 15am on TV One on 7 September 2002. [2] B Jobe complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the disclosure of the information which identified them and their house breached their privacy. [3] In response, TVNZ advised the Authority that the item had reported the circumstances of a neighbourhood dispute, and had not disclosed any private information....

ComplaintSpace – two items about visits to studio which makes porn videos – promoted pornography – offensive and unbalancedFindingsStandard G2 – not offensive in context – no uphold Standard G6 – not a serious item – satirical – no uphold This headnote does not form part of the decision. Summary Items on the magazine programme Space showed one of the hosts visiting a business which made pornographic videos and trying to sell a script. The items included some interviews with people in the business, and contained shots of the host in a spa pool with four topless women. The items were broadcast at 10. 25pm on both 1 and 8 June 2001 on TV2. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the items promoted pornography, and thus were offensive and unbalanced....