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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-005 Dated the 23rd day of January 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...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

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 1989One News – footage of parade in Auckland promoting Erotica exhibition – included bare-breasted women riding as pillion passengers on motorcycles – comments both for and against the parade – allegedly in breach of good taste and decency and the interests of children FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – warning during news item – unaccompanied children unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] Footage of bare-breasted women riding as pillion passengers on motorcycles was shown in an item on One News broadcast on TV One at 6. 00pm on 23 August 2006....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....

Complaint One News – interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of Ombudsman’s decision, contrary to agreement before interview – field tape sought to assist preparation of complaint OrderOrder made to supply tape to Authority – section 12 Broadcasting Act This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background An item on One News on 23 November 2000 reported on the case of Joanne Procter who was seeking a taxpayer-funded sex change operation. Her application had been approved by doctors at Waikato Hospital, but that decision had been overruled by the Health Funding Authority. She had taken her case to the Ombudsman, and the Chief Ombudsman ruled that she had been treated unfairly by the health bureaucracy. A brief comment from the Chief Ombudsman was included in the item....

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]A Seven Sharp item discussed the release of Nicky Hager’s book Dirty Politics and included an interview with Mr Hager. The Authority did not uphold the complaint that the Seven Sharp host was biased and treated Mr Hager unfairly. The host’s comments were clearly his opinion, and Mr Hager was given a fair and reasonable opportunity to put forward his position. Not Upheld: Controversial Issues, Accuracy, FairnessIntroduction[1] An item on Seven Sharp was introduced by the hosts, Mike Hosking and Toni Street, as follows: Hosking: So, question: are we shocked at what Nicky Hager has in his book, Dirty Politics? In a word, I think no. it is not the big exposé Hager claims it is; there is no smoking gun....

The Authority has upheld an accuracy complaint about a statement, ‘the Government's shiny new Investment Boost scheme allows businesses to claim back 20% off their tax bill when purchasing new assets’, in a 1News item reporting on features of Budget 2025. The complaint concerned an inaccurate reference to deductions being from the ‘tax bill’ of a business rather than its ‘taxable income’. The Authority found the statement overstated the tax savings available under the Investment Boost scheme which was a material error in the context. As the correct information was readily available to TVNZ, it also found reasonable efforts were not made to ensure accuracy. Upheld: Accuracy No order...

Summary[This summary does not form part of the decision. ]A ONE News item reported on four investigations by British police into historical child sex abuse allegations against former UK Prime Minister Sir Edward Heath. The reporter said, ‘Information from these inquiries will be fed into a wider inspection that’s being run by New Zealander Justice Lowell Goddard’. The Authority did not uphold a complaint that referring to Lowell Goddard as ‘Justice’ was inaccurate. The use of the title was not a material point of fact to which the accuracy standard applied. Not Upheld: AccuracyIntroduction[1] A ONE News item reported on four investigations by British police into historical child sex abuse allegations against former UK Prime Minister Sir Edward Heath. The reporter said:Information from these inquiries will be fed into a wider inspection that’s being run by New Zealander Justice Lowell Goddard....

Summary[This summary does not form part of the decision. ]An item on Breakfast reported on a shoot-out during an anti-terror raid in Brussels. During the item, the Europe Correspondent stated, ‘We’ve now heard that one suspect has been neutralised’. The Authority did not uphold a complaint alleging that the term ‘neutralised’ was not accurate, appropriate or neutral language. The Authority found the choice of language was not a material point of fact in the item, which focused on an anti-terror raid linked to the Paris terror attacks. Further, the term ‘neutralised’ is at times used in the context of reporting on police or counter-terrorism action. The use of this term was not biased against, and did not imply fault on the part of, the Belgian Police. Not upheld: Accuracy, Controversial IssuesIntroduction[1] A news item on Breakfast reported on a shoot-out that occurred during an anti terror raid in Brussels....

Summary[This summary does not form part of the decision. ]Promos for South Park, Tosh. O and Bombshell: The Sinking of the Rainbow Warrior screened during the wildlife programme Africa’s Fishing Leopards, which was classified G. The promos contained potentially offensive language, which was censored, and verbal references to an ‘act of terror’ and ‘murder’. The Authority did not uphold a complaint that it was inappropriate to broadcast promos for AO-classified programmes during G-programmes, as they contained adult themes. The Authority noted that it is acceptable to screen promos for AO programmes during G programmes, provided that the promo complies with the classification of the host programme. It found that in this case, the use of censored coarse language did not breach standards, but noted that in order to maintain a G classification, broadcasters must take care to adequately edit any AO or PGR content....

Download a PDF of Decision No. 1991-031:Terry and Television New Zealand Ltd - 1991-031 PDF262. 84 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

ComplaintDawson’s Creek – teen drama – references to sex and condoms – incorrect PGR classification – unsuitable for childrenFindings(1) Standard G8 – fictional drama – teenage target audience – content not gratuitous – no uphold (2) Standard G12 – properly classified PGR and screened in PGR time – no uphold This headnote does not form part of the decision. Summary An episode in the Dawson’s Creek series was broadcast on TV2 at 7. 30pm on 6 June 2000. Maree and Andrew Gunn complained to Television New Zealand Ltd, the broadcaster, that the programme contained many explicit references to sex and a "graphic, trivial discussion on the selection of condoms". They considered that this material was unsuitable for younger viewers, and that the programme ought to have been rated AO rather than PGR....

ComplaintOne News – Olympic competitors banned for drug use – athlete Marion Jones suspected – unfair – inaccurate FindingsStandard G1 – not applicable Standard G4 – report on speculation not unfair – no uphold Standard G5 – speculation not illegal – no uphold Standards G14, G19 and G21 – not applicable This headnote does not form part of the decision. Summary Under the heading "Drug Cheats", a promo for Holmes broadcast on TV One on 28 September 2000 questioned whether athlete Marion Jones and swimmer Inge de Bruijn had taken performance-enhancing drugs before the Olympic Games in Sydney. John O’Neill complained to Television New Zealand Ltd, the broadcaster, that the allegations required an explanation. He said he had not heard anything to link athlete Marion Jones to drugs, and he wondered where TVNZ had got its information, and whether the allegation was justified....

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Thing Called Love – promo – AO rated programme – promo screened at 7. 10pm – PGR time band – host programme rated G – allegedly offensive, contrary to children’s interests and incorrectly classifiedFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – PGR-rated promo broadcast during G-rated host programme in breach regardless of time band – upheld Standard 9 (children’s interests) – majority – PGR rating acknowledged children’s interests – minority – promo should have been rated AO – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified programme, A Thing Called Love, was screened on Prime Television around 7. 10pm on 19 August 2005, during the PGR time band....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hooked in New Zealand – host and other competitors in a fishing competition shown drinking beer and shots of sambuca – allegedly in breach of law and order and liquor standards FindingsStandard 11 (liquor) – programme contained liquor promotion but it was not socially irresponsible – not upheld Standard 2 (law and order) – programme did not glamorise, promote or condone illegal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Hooked in New Zealand, a locally made fishing programme, was broadcast on TV One at 1. 30pm on Sunday 13 February 2011. In this episode, the host and his friend entered the “Cleanco Classic” 24-hour fishing competition on Great Barrier Island. As the contestants gathered for the fishing competition, a number of the other fishermen were shown holding bottles of beer....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Education Advertisement – National Party leader and Prime Minister John Key stated, “National is building a better education system, with school reports in plain English. . . ” – statement allegedly inaccurate and misleading FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) of Free-to-Air Television Code – advertisement did not state as fact that all school reports would be written in the English language – “plain English” was colloquial way of stating “easy to understand” – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An advertisement for the New Zealand National Party was broadcast on TV One on 2 November 2011 at approximately 9. 30pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Night at the Classic – AO comedy programme broadcast at 10pm and preceded by warning, contained swearing and sexual references – allegedly in breach of standards relating to good taste and decency and responsible programmingFindingsStandard 1 (good taste and decency) – swearing and sexual material were permissible in the context of an AO comedy programme screened at 10pm and preceded by a specific warning – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision. Introduction [1] A Night at the Classic, a late-night comedy series featuring New Zealand comedians, contained swearing and sexual references. The programme was classified Adults Only (AO) and was broadcast at 10pm on 3 January 2013 on TV One....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – item reported on Labour MP Shane Jones throwing a “Lazarus party” to mark his return to the front bench – presenter commented, “Leaving aside anything about resurrections and dodgy movies in hotels, Shane Jones is actually known for referring to himself in the third person” – presenter’s comment allegedly in breach of good taste and decency, and discrimination and denigration standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration) – presenter did not make any reference to Christ and nothing in the broadcast would have offended or distressed viewers, or encouraged discrimination or denigration against Christians as a section of the community – not upheld This headnote does not form part of the decision....