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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998- Dated the th day of October 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P R PARRY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryThe programme WCW Nitro features professional wrestling bouts staged in front of a live audience. In the episode broadcast on TV2 at 10. 30pm on 20 November 1998, the wife of one wrestler was held and verbally abused while her husband was administered a hiding in wrestling terms by several other wrestlers. Mr Poata complained to Television New Zealand Ltd, the broadcaster, that the item was disgusting and breached both the general standards and the standards relating to the portrayal of violence. He accepted that the sequence might have been staged, but maintained it was unacceptable as it was "choreographed gang rape". TVNZ acknowledged that the wrestler’s wife had been demeaned and the performance breached currently accepted community norms of good taste and decency. It upheld the complaint under the standards dealing with these issues....

ComplaintNZ Festival: Numero Bruno – inclusion in documentary of sex scene from Smash Palace – sexually explicit – not essential part of story FindingsStandard G2 – sex scene acceptable in context – no uphold This headnote does not form part of the decision. Summary The documentary NZ Festival: Numero Bruno, broadcast at 8. 30pm on 12 February 2001, examined the life and work of actor and musician Bruno Lawrence. The documentary included a scene from the film Smash Palace, which showed the character played by Bruno Lawrence having sex with his wife. Betty McIntyre complained to the broadcaster, Television New Zealand Ltd, that the sex scene was "far too explicit", and crossed the bounds of decency in television entertainment. She believed that the sex scene was not an essential part of the Bruno Lawrence story. TVNZ advised the complainant that the scene had not been included gratuitously....

ComplaintOne News – Rodney Hide MP – "scam buster" – spoke at seminar in Fiji – affidavit that his presence gave investors confidence to invest – investment was a scam – inaccurate – unbalanced – unfair FindingsS. 4(1)(d) and Standard 4 – reasonable opportunities given – no uphold Standard 5 – not unfair – no uphold Standard 6 – inaccuracies (1) different use of the term "family"; (2) not a "self-proclaimed scam buster"; (3) affidavit not dated that day – uphold on these three points – no other inaccuracies No Order This headnote does not form part of the decision. Summary [1] An affidavit, which recorded that Rodney Hide MP’s presence as a speaker at an investment seminar in Fiji had given a man and his family the confidence to invest, was reported in an item broadcast on One News on 15 May 2002....

Mary Anne Shanahan declared a conflict of interest and stood aside from this decision....

Download a PDF of Decision No. 1993-045:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-045 PDF388. 04 KB...

Download a PDF of Decision No. 1993-132:Timms and Television New Zealand Ltd - 1993-132 PDF573. 13 KB...

Download a PDF of Decision No. 1992-083:Smits and Television New Zealand Ltd - 1992-083 PDF350. 5 KB...

Download a PDF of Decision No. 1991-063:Wilcox-Clarke and Television New Zealand Ltd - 1991-063 PDF278. 23 KB...

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....

Summary[This summary does not form part of the decision. ]A ONE News bulletin reported on recent Islamic State activity and showed footage of identified supporters of ISIS and its training camps. The Authority did not uphold the complaint that this promoted, encouraged and glamorised terrorism. The news bulletin carried high public interest and was a straightforward report of recent terrorist activity that in no way condoned or glorified this behaviour. Not Upheld: Law and OrderIntroduction[1] A ONE News bulletin reported on recent Islamic State activity and showed footage of identified supporters of ISIS and its training camps. [2] Anthony Cranston complained that the reporting of ISIS activities promoted, encouraged and glamorised terrorism. [3] The issue is whether the broadcast breached the law and order standard as set out in the Free-to-Air Television Code of Broadcasting Practice. [4] The item was broadcast on TV ONE on 12 January 2015....

Summary[This summary does not form part of the decision. ]A promo for Aquarius, shown during Seven Sharp, included a brief shot of a partially clothed injured male character surrounded by female characters tending his wounds. The Authority did not uphold a complaint that the ‘sexualised’ promo was inappropriate for a time when children could be watching television. The promo did not depict any sexual activity or full nudity, and the shot complained about was fleeting and indistinct. The content was consistent with expectations of a PGR classification and the host news and current affairs programme, and any child viewers would have likely been supervised by adults. Not Upheld: Good Taste and Decency, Responsible Programming, Children’s InterestsIntroduction[1] A promo for Aquarius, shown during Seven Sharp, included a brief two-second shot of a partially clothed injured male character surrounded by female characters tending his wounds....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

Summary[This summary does not form part of the decision. ]An item referred to during 1 News Coming Up reported on a meeting between the President of the United States of America, President Trump, and Canadian Prime Minister, Justin Trudeau. During the update, the newsreader said, ‘So, what did Canada’s leader Justin Trudeau say about Trump’s Muslim ban? ’ The Authority did not uphold a complaint that the use of the term ‘Muslim ban’ was inaccurate, in the context of the brief ‘coming up’ teaser which aimed to convey a lot of information in a short period of time. In this particular case it was acceptable shorthand referring to Executive Order 13769, and briefly highlighted a topic of discussion between the two leaders....

Warning: This decision contains language and themes that some readers may find offensive. Summary[This summary does not form part of the decision. ]National Treasure is a four-episode fictional mini-series telling the story of a famous comedian’s life falling into chaos following allegations against him of historical sexual abuse. The Authority did not uphold a complaint that the use of the word ‘fuck’ in the first two episodes, or a conversation about oral sex in the first episode, breached the good taste and decency or children’s interests standards. The Authority acknowledged that some viewers may find this content challenging or offensive....

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

The Authority has not upheld a complaint about an item on 1 News reporting on COVID-19 vaccine rollouts. The Authority found, in the context of the broadcast, the statistics cited in relation to Israel’s vaccine rollout were accurate. A discussion of access to vaccines in Israel by Palestinians was not material to the item and its omission would not have misled viewers. The remaining standards did not apply to the broadcast or issues raised in the complaint. Not Upheld: Accuracy, Balance, Fairness...

The Authority upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb. It featured an interview with a resident reported as being ‘too scared to be identified’. Close-up footage, including a side-on view of part of her face (unblurred), revealed her demographic, gender, the length and colour of her hair, voice, profile of her nose, clothes, watch, a distinctive ring and the side of her glasses. The Authority found these features enabled identification of the interviewee beyond family and close friends. Their disclosure would be highly offensive to an objective reasonable person in her position, given she participated on the understanding she would not be identified. The Authority was not persuaded the defence of informed consent applied to the breach of the woman’s privacy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....