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Complaint60 Minutes – Dover Samuels – Police investigation found insufficient evidence to prosecute – inaccurate to state he was "cleared" of the charges FindingsStandard G1 – inaccurate use of the word "cleared’ – does not mean "insufficient evidence" – uphold No Order This headnote does not form part of the decision. Summary A 60 Minutes item, broadcast on 17 December 2000 on TV One at 7. 35pm, looked into allegations made against Dover Samuels MP, which had been forwarded to the Police by the Prime Minister. Near the end of the item, the reporter stated that Mr Samuels had been "cleared" of previous allegations investigated by the Police. Peter Low complained to Television New Zealand Ltd, the broadcaster, that TV One had been inaccurate in using the word "cleared". Mr Low explained that the Police had used the term "insufficient evidence"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Bogan’s Heroes – extreme satire about prison life – allegedly in breach of standards relating to good taste and decency and violenceFindingsStandard 1 – majority considers contextual factors sufficient to avoid a breach – not upheld Standard 10 – majority considers violence unrealistic and farcical – not upheldThis headnote does not form part of the decision. Broadcast [1] On 20 July 2005 at 11. 25pm, TV2 broadcast Bogan’s Heroes, a satire about criminals and life in prison. Complaint [2] Mr Cozens complained to Television New Zealand Ltd, the broadcaster, that the programme was tasteless and offensive. He noted that the programme was described in the Listener as an AO-rated “extreme prison based comedy”. [3] He considered that the programme was excessively violent, indecent, and extremely offensive....

ComplaintHolmes – comment that Ponsonby Rugby Club had produced the most All Blacks – inaccurate – TVNZ upheld complaint as technical breach of Principle 5 and apologised – action taken insufficient FindingsAction taken sufficient – not upheld This headnote does not form part of the decision Summary [1] During a Holmes broadcast on TV One at 7. 00pm on 25 August 2003, a reporter commented that Ponsonby Rugby Club had produced the most All Blacks. The statement was repeated later in the programme by the presenter. [2] Mr Burke complained to Television New Zealand Ltd, the broadcaster, that the statement was inaccurate. [3] TVNZ upheld the complaint and apologised by letter to the complainant and members of his rugby club. [4] Dissatisfied that TVNZ's action upon upholding the complaint did not include an on-air correction and apology, Mr Burke referred his complaint to the Broadcasting Standards Authority under s....

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast- host read out viewer feedback that contained joke referring to "Jesus Christ" – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and children's interests FindingsStandard 1 (good taste and decency) – "Jesus Christ" used to covey exclamation of light-hearted surprise – contextual factors – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 7 (discrimination and denigration) – not intended to encourage denigration of Christian people – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One at 6. 30am on Tuesday 23 March 2010. During the viewer feedback segment at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – investigated high teenage pregnancy and abortion rates in New Zealand – interviewed two girls who unexpectedly fell pregnant, one of whom chose to have an abortion – presenter conducted studio interview with an “expert in youth sexual health” – allegedly unbalanced FindingsStandard 4 (controversial issues) – item discussed why teenage pregnancy rate was so high in New Zealand, not the merits of abortion – viewers would have been aware of alternative viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7. 30pm on 28 October 2010, considered high teenage pregnancy and abortion rates in New Zealand. The presenter stated in the introduction, “The issue is not about the rights or wrongs of abortion....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item showed press conference with boxer David Tua, with “Woodstock Bourbon and Cola” liquor brand visible – allegedly in breach of liquor standard Breakfast – weather presenter interviewed “Jim Beam Grid Girls” at location for the ITM 400 in Hamilton – allegedly in breach of liquor standard FindingsStandard 11 (liquor) – items contained liquor promotion in the form of promotion of liquor brands – items did not mention alcohol or advocate liquor consumption – both programmes were aimed at adults – liquor promotion socially responsible – not upheld This headnote does not form part of the decision. Broadcasts [1] During an item on One News, broadcast on TV One at 6pm on 17 March 2011, boxer David Tua was shown at a press conference leading up to a boxing match....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – included estimates of Iraqi civilian and military deaths since 2003 invasion – figures said to be difficult to verify – conservatively put at 49,642 but said most estimates suggested well over 100,000 – allegedly inaccurate FindingsStandard 5 (accuracy) – wide ranging estimate was not inaccurate – not upheld This headnote does not form part of the decision. Broadcast 1] The estimated number of Iraqi deaths since the US-led invasion on 20 March 2003 was given in an item on Close Up, broadcast on TV One on 7 December 2006 beginning at 7. 00pm. After giving the number of American and other coalition soldiers killed, the item reported: When it comes to tallying the number of Iraqi deaths, figures are difficult to verify....

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained images of bare breasts and buttocks, and brief frontal shots of two naked women – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – images of naked women not sexualised or intended to titillate – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 7 (programme classification) – programme was appropriately classified PGR – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7. 30pm on 31 August 2007, contained video footage of a number of women featuring bare breasts, buttocks and two brief full frontal shots of naked women....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting on an iceberg close to colliding with an ice-shelf in Antarctica – size of the iceberg incorrectly reported as 2000 cubic metres, rather than kilometres – broadcaster upheld breach of Standard 5 but declined to broadcast a correction – complainant dissatisfied with action takenFindings Standard 5 (accuracy) – minor error – other descriptions in the item clarified magnitude of iceberg – action taken by broadcaster sufficient – future similar referrals by complainant potentially vexatious. This headnote does not form part of the decision. Broadcast [1] An item broadcast on One News at 6pm on 14 January 2005 reported that a huge iceberg was close to colliding with the ice-shelf on the coast of Antarctica. The item reported that the iceberg contained 2000 cubic metres of water....

Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on a recent win and the increasing success of the Black Ferns rugby team. The complainant alleged the item was inaccurate and misleading as the number of attendees at the game was incorrectly reported. The Authority found that while the number of attendees was stated incorrectly, this was immaterial to the focus of the item which was the Black Ferns’ win and growing success, and unlikely to affect the audience’s understanding of the programme as a whole. Not Upheld: AccuracyThe broadcast[1] A 1 News item reported on a Black Ferns game, specifically their win over the Wallaroos (the Australian women’s national rugby union team) for the Laurie O’Reilly Memorial Trophy....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

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....

The majority of the Authority has not upheld a complaint an episode of the programme Renters breached the privacy of the tenants of the properties featured. The majority of the Authority did not find any of the tenants were identifiable. As the privacy standard only applies to identifiable individuals, the standard did not apply. The minority view was that the information disclosed was adequate to enable viewers, beyond family and close friends who would reasonably be expected to know about the matters disclosed, to identify one individual and the information had the quality of private information such that the disclosure breached the privacy standard. Not Upheld by Majority: Privacy...

The Authority has upheld a complaint that an episode of wildlife documentary series Our Big Blue Backyard, classified ‘G’ and broadcast on TVNZ 1 at 7. 30pm, breached the children’s interests standard. This was on the basis the episode should have instead been rated ‘PG’, to signpost to parents or caregivers that supervision was recommended for younger viewers. The episode featured a scene where a female bottlenose dolphin was pursued, trapped and mated with by a group of male bottlenose dolphins. The Authority found the scene went beyond audience expectations of the programme’s ‘G’ rating as it featured mature themes, graphic images, and was dramatised in such a way that it may have been alarming or distressing for any children watching, and required adult supervision and guidance. Upheld: Children’s Interests No Order...

The Authority has not upheld a complaint that the use of exclamations including ‘oh my God’, ‘holy crap’ and ‘bloody’ in an episode of House Rules, broadcast at 7. 30pm, breached the good taste and decency standard. In this context, the language used would not have caused audiences undue offence or harm and it was not beyond what viewers would reasonably expect from the programme. Not Upheld: Good Taste and Decency...

Download a PDF of Decision No. 1991-038:Sims and Television New Zealand Ltd - 1991-038 PDF400. 49 KB...