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Wellington Palestine Group and Television New Zealand Ltd - 1996-103, 1996-104
1996-103–104

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-103 Decision No: 1996-104 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Francis and Television New Zealand Ltd - 2001-021
2001-021

ComplaintDrama Priest – depiction of homosexual sexual activity – incest – blasphemy – offensive behaviour – offensive language FindingsStandard G2 – programme started at 9. 10pm – warnings – no explicit sexual behaviour – no breach This headnote does not form part of the decision. Summary A British drama entitled Priest was broadcast on TV One at 9. 10pm on 11 November 2000. It highlighted the inner conflict experienced by a priest as he tried to reconcile the contradictory demands of his faith and his homosexuality. Ken Francis complained to Television New Zealand Ltd, the broadcaster, that scenes which depicted homosexual sexual activity were offensive and breached broadcasting standards. The film also contained incest and blasphemy themes, he noted, which he also found offensive....

Decisions
Tonizzo and Television New Zealand Ltd - 2012-024
2012-024

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rude Tube – series featured viral video clips from the internet – “Animal Madness” episode included a clip of a man taking “an unscheduled toilet break” in a paddock, and being chased by a donkey apparently attempting to mate with him – allegedly in breach of good taste and decency, law and order, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – most viewers would not have been offended – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 10 (violence) – footage did not amount to “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Decisions
Wakefield Associates and Television New Zealand Ltd - 2002-159
2002-159

ComplaintFair Go – item about pamphlet distributed by complainant – a legal firm – offering assistance to victims of sexual abuse in dealing with ACC – item failed to maintain standards of law and order – unbalanced and complainant’s response presented inadequately – unfair as story subject’s waiver was incomplete – inaccurate – hearing sought in view of numerous complex legal and factual issues Decision on application for hearingDeclined This headnote does not form part of the decision. INTERLOCUTURY DECISION Background [1] A pamphlet offering assistance to victims of sexual abuse in securing compensation from ACC was distributed by the complainant – a legal firm. On behalf of a victim, named as "Sally", Fair Go reported her dissatisfaction with the complainant and investigated the propriety of a pamphlet of this kind. The item was broadcast on Fair Go on TV One at 7. 30pm on 26 June 2002....

Decisions
Faidley and Television New Zealand Ltd - 2013-052
2013-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Decisions
Watkins and Television New Zealand Ltd - 2000-035
2000-035

Summary An episode of The Ricki Lake Show was screened on Labour Day - a public holiday. The episode was broadcast on TV2 on 25 October 1999, commencing at 2. 00pm. The programme was rated AO because it contained adult content. Ms Watkins complained to Television New Zealand Limited, the broadcaster, that TVNZ breached broadcasting standards by broadcasting an AO classified programme before 8. 30pm on a public holiday. TVNZ agreed that the episode should not have been shown during PGR time. It said that the mistake occurred because its scheduler had not checked the schedule adequately, given that the date was a public holiday, and its new computer system had not prompted its scheduler that the show had been scheduled outside its time band. TVNZ upheld the complaint, apologised to the complainant, and advised that steps had been taken to ensure that the incident would not recur....

Decisions
Schwabe and Television New Zealand Ltd - 2000-067
2000-067

ComplaintOne News – offensive language – horse named Bugger me – unsuitable for children FindingsStandard G2 – newsworthy – not gratuitous – no upholdStandard G12 – no uphold This headnote does not form part of the decision. Summary A news item broadcast on One News on TV One at 6. 00pm on 21 February 2000 described the controversy in the harness racing industry which had arisen over a horse named "Bugger Me". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive and its use on television had a detrimental effect on children and society in general. TVNZ responded that in the context of a news item reporting on a controversial matter, the use of the word bugger did not breach broadcasting standards....

Decisions
Mathewson and Television New Zealand Ltd - 2012-128
2012-128

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – reported on man who faced losing two of his fingers if he chose to continue smoking cigarettes – presenter jokingly asked man if he wanted a cigarette – presenter’s comments allegedly in breach of standards relating to good taste and decency, fairness and responsible programming FindingsStandard 1 (good taste and decency), Standard 6 (fairness), and Standard 8 (responsible programming) – presenter’s offer of a cigarette was hypothetical and intended to highlight the man’s triumph in giving up smoking – not intended to “taunt” the man – man was a willing participant and took the comments with good humour – comments would not have offended or distressed most viewers – man treated fairly – broadcast not socially irresponsible – not upheld This headnote does not form part of the decision....

Decisions
Loos and Television New Zealand Ltd - 1999-054
1999-054

TVNZ's request to the Authority to recall Decision 1999-053 and not to issue that decision for publication declined. A PDF of Decision 1999-054 can be downloaded here: Loos and Television New Zealand Ltd - 1999-054 PDF234. 41 kB...

Decisions
Costello and Television New Zealand Ltd - 1998-056
1998-056

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-056 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G P COSTELLO of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Sharp and Television New Zealand Ltd - 1992-025
1992-025

Download a PDF of Decision No. 1992-025:Sharp and Television New Zealand Ltd - 1992-025328. 32 KB...

Decisions
Newborn and Becker and Television New Zealand Ltd - 1993-067, 1993-068
1993-067–068

Download a PDF of Decision No. 1993-067–068:Newborn and Becker and Television New Zealand Ltd - 1993-067–068 PDF (1. 07 MB)...

Decisions
Allan and Television New Zealand Ltd - 2017-026 (30 June 2017)
2017-026

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....

Decisions
Cooper and Television New Zealand Ltd - 2019-116 (16 June 2020)
2019-116

The Authority did not uphold a complaint under the discrimination and denigration standard about a personal anecdote told by Seven Sharp presenter Jeremy Wells, describing the moment ‘Angela D’Audney sat on my desk as a 20-year-old in a leopard-print mini-skirt’. Stumbling over his words, Mr Wells then said, ‘see, it’s got me excited even thinking about it’. The complaint was that Mr Wells: outlined sexually inappropriate conduct against a female coworker; undermined and demeaned his female coworkers; and by saying it on national television, normalised and condoned sexual discrimination in the workplace. The Authority acknowledged Mr Wells’ choice of anecdote was ill-advised and inappropriate and that it may have offended some people. However it emphasised that in itself is not sufficient to find a broadcast encouraged discrimination or denigration. There is a high threshold for finding a breach, in light of the important right to freedom of expression....

Decisions
Judge and Television New Zealand - 2020-27 (21 July 2020)
2020-027

An item on Seven Sharp featured a community hunting event for children under the age of 16. The item included footage of children using firearms, children carrying dead animals, and animal carcasses hanging by their hind legs. Taking into account the relevant contextual factors including the programme’s target audience and audience expectations, the Authority did not uphold a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority noted that the item did not depict animals dying or being killed, and the content was clearly signposted by the presenters. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
Lowry and Television New Zealand Ltd - 2018-051 (10 August 2018)
2018-051

Summary[This summary does not form part of the decision. ]An item on 1 News discussed former MP Steven Joyce’s valedictory speech in Parliament. The item focused on Mr Joyce recounting in his speech an incident where he had a sex toy thrown at him at Waitangi several years earlier. Footage was shown of Mr Joyce recounting this story during his speech, and of the incident at Waitangi. The Authority did not uphold a complaint that this broadcast and in particular showing the footage of the sex toy breached the good taste and decency standard. Given the incident was newsworthy and attracted widespread coverage at the time, as well as the light-hearted nature of Mr Joyce’s speech, and the broadcast’s target audience, the Authority found the broadcast was unlikely to cause widespread undue offence or distress....

Decisions
Maher and Television New Zealand Ltd - 2018-023 (21 May 2018)
2018-023

Summary[This summary does not form part of the decision. ]During a 1 News Coming Up teaser, presenter Simon Dallow referred to an upcoming item on 1 News, saying: ‘Plus a warning for mums to be; research showing C-section babies face long-term health issues. ’ The full item reported on research findings from the University of Edinburgh that babies born through caesarean section were ‘far more likely to suffer from obesity and asthma’, but went on to explain that it was not the caesarean section which caused the health problems, as these could be due to the mother’s health, and further research is needed. The Authority did not uphold a complaint that the teaser was sensationalist and misleading, in breach of the accuracy standard....

Decisions
McKay and Television New Zealand Ltd - 1992-096
1992-096

Download a PDF of Decision No. 1992-096:McKay and Television New Zealand Ltd - 1992-096 PDF359. 24 KB...

Decisions
Insley and Television New Zealand Ltd - 2014-114
2014-114

*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....

Decisions
Chapple and Television New Zealand Ltd - 2018-064 (26 February 2019)
2018-064

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Sunday, which investigated gay conversion therapy in New Zealand, was unbalanced and inaccurate. The Authority found the existence of differing viewpoints was pointed to throughout the programme, with balancing comments provided by those featured and in final comments from the presenter. The broadcaster made reasonable efforts to ensure the accuracy of the programme, relying on authoritative medical opinion from health experts regarding current views on gay conversion therapy and the potential harm that could be caused by the practice. In making these findings, the Authority recognised the high public interest in this story and found that upholding the complaint would represent an unjustified and unreasonable limit on the broadcaster’s right to freedom of expression....

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