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Decisions
Sims and Television New Zealand Ltd - 1991-038
1991-038

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

Decisions
Boyce and Clow and Television New Zealand Ltd - 2000-011, 2000-012, 2000-013
2000-011–013

SummaryFootage showing a man who had his genitals stapled to a cross – which was then set alight – was included on Havoc 2000 Deluxe broadcast on TV2 at 10. 00pm on 9 November 1999. The programme also included a sequence where one of the presenters asked a woman on the street if she would consider "a blow-job for four [dollars]". The programme broadcast on 16 November included reaction to the incident. Simon Boyce and Carey Clow both complained to Television New Zealand Ltd, the broadcaster, that the sequence showing the man nailing his genitals to the cross was indecent and breached broadcasting standards. Mr Boyce also complained about the approach made to the woman on the street, and Mr Clow complained about the programme broadcast the following week which referred to the stapling incident and the reaction to it....

Decisions
Early Childhood Council Inc and Television New Zealand Ltd - 2013-017
2013-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with President of Home Education Learning Organisation about the benefits of home-based childcare education, as opposed to daycare – President made comments which reflected negatively on daycare – allegedly unbalanced in breach of controversial issues standardFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – programme framed the interview as a debate about the merits of “Daycare vs Homecare” but item itself had flavour of advertorial – taking into account likely audience, insufficient balance was provided – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present significant viewpoints – upheld No Order This headnote does not form part of the decision....

Decisions
Beytagh and Television New Zealand Ltd - 2001-001
2001-001

ComplaintShred – offensive behaviour – offensive language – sexually explicit graffiti named people living in Ohakune – privacy of named individuals breached FindingsG2 – currently accepted norms of decency and taste – uphold Privacy – no private facts disclosed – no uphold OrderBroadcast of statementCosts of $1000 to Crown This headnote does not form part of the decision. Summary Graffiti seen on a playground structure in Ohakune formed the basis for a skit on the snowboarding programme Shred, broadcast on TV2 at 10. 30pm on 7 September 2000. The presenter read out some of the sexually explicit graffiti, which included the first names of several people. Dennis Beytagh complained to Television New Zealand Ltd that he objected "in the strongest possible terms" to the content of the programme. He said he had never heard nor seen such explicit obscenities and descriptions of aberrant sexual practices being broadcast....

Decisions
MacCallum and Television New Zealand Ltd - 2001-099
2001-099

ComplaintOne News – item on Ngati Ruanui’s acceptance of Treaty of Waitangi claim settlement – conflicts of 1860s–1880s described as Taranaki Land Wars – description unfair and inaccurate – item biased FindingsStandard G1 – not a point of fact – no uphold Standard G6 – not unbalanced, unfair or impartial – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 12 April 2001 reported that Ngati Ruanui of South Taranaki had voted to accept a $41 million offer from the government to settle a Treaty of Waitangi claim dating back to the 1860s. During the course of the item, the conflicts of the 1860s-1880s were described as the Taranaki Land Wars....

Decisions
TJ and Television New Zealand Ltd - 2013-092
2013-092

Summary [This summary does not form part of the decision. ]The opening title sequence of an episode of Neighbours at War showed a brief image of the complainant looking at the camera and giving the finger. The Authority upheld the complaint that this breached the complainant’s privacy. The footage of his private property had been filmed more than eight years earlier, and the complainant had made it clear he wanted no involvement in the programme. Despite repeated objections, his image continued to appear in the opening titles of series four of the programme. Upheld: PrivacyOrder: Section 13(1)(d) – costs to the complainant for breach of privacy $1,000Introduction[1] The opening title sequence of an episode of Neighbours at War showed a brief image of a man looking at the camera and giving the finger. The episode was broadcast on 5 December 2013 on TV2....

Decisions
Kyrke-Smith Family and Television New Zealand Ltd - 1993-027, 1993-028
1993-027–028

Download a PDF of Decision No. 1993-027–028:Kyrke-Smith Family and Television New Zealand Ltd - 1993-027, 1993-028717. 05 KB...

Decisions
Davies and Television New Zealand Ltd - 2005-017
2005-017

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – man shown gathering scallops – statement in programme that “there was sufficient there anyway to issue him with a couple of infringement notices” – allegedly in breach of privacyFindingsStandard 3 (privacy) – filmed in a public place – no private facts disclosed – not upheldThis headnote does not form part of the decision. Broadcast [1] A segment on Coastwatch broadcast on TV One at 7. 30pm on 14 February 2005 showed a diver approached by Ministry of Fisheries officers while gathering scallops. The fisheries officer told him that he should only have collected 60 scallops, whereas he had 104 scallops on the boat. The fisheries officer explained that this was “not in the area of what we consider to be a serious offence”, and the diver said that he had been trying to do things by the book....

Decisions
Brooks and Television New Zealand Ltd - 2010-035
2010-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....

Decisions
de Villiers and Television New Zealand Ltd - 2009-029
2009-029

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported sentencing of man convicted for stabbing a teenage tagger – reporter asked victim’s family for comment regarding defence lawyer telling them to “get over it” – footage showed lawyer saying it was “time for people to move forward, to move on” – allegedly in breach of accuracy and fairness Findings Standard 5 (accuracy) – reporter’s question was a reasonable summation of the lawyer’s comments when juxtaposed with footage of lawyer’s comments – not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant did not identify who he thought was treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Roy and Television New Zealand Ltd - 2009-102
2009-102

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported that an 89-year-old man had been accused of helping to kill 28,000 Jews at a “Polish death camp” during World War II – broadcaster agreed item was inaccurate and instructed staff not to use the reference again – action taken allegedly insufficient FindingsStandard 5 (accuracy) – action taken appropriate and reasonable – not necessary to broadcast a correction – 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 14 July 2009, reported that: An 89-year-old’s been accused of helping kill nearly 28,000 Jews in what’s set to be Germany’s last big Nazi war crimes trial. Prosecutors say retired American car worker John Demjanjuk was a guard at a Polish death camp during World War II....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2004-197
2004-197

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item regarding the death of actress Janet Leigh who starred in the movie “Psycho” – segment included the scene in which her character was stabbed to death in the shower – allegedly contrary to children’s interestsFindingsStandard 9 (children’s interests) – clearly identified film clip – not realistic – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 October 2004 reported on the death of actress Janet Leigh, who had starred in the Alfred Hitchcock thriller “Psycho”. The segment included a scene from that movie in which Ms Leigh’s character was stabbed to death in the shower. Complaint [2] On behalf of Viewers for Television Excellence Inc....

Decisions
Gall and Television New Zealand Ltd - 2004-040
2004-040

ComplaintOne News – seabed and foreshore – Waitara hui – closing headline stated hui “disintegrated into conflict and name-calling” – allegedly inaccurate and misleading Findings Standard 5 – closing headline substantially misreported events – inaccurate and misleading – upheld Standard 6 – inaccuracy a question of scripting, not editing – Guideline 6a not applicable – closing headline unfair to organisers and participants – upheld OrderBroadcast of statementThis headnote does not form part of the decision Summary [1] A closing headline on One News broadcast on TV One on 23 September 2003 reported that the hui held that day in Waitara on the seabed and foreshore issue had “ disintegrated into conflict and name-calling. ” [2] David Gall complained to Television New Zealand Ltd, the broadcaster, that the closing headline was inaccurate and misleading, and not supported by what was reported in the main body of the news item....

Decisions
Ministry for Social Development and Television New Zealand Ltd - 2006-076
2006-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about the 211 Helpline – said Opposition MPs were questioning whether service was too expensive and duplicated the service run by the Citizens Advice Bureau – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue discussed – item did not need to include details about what the 211 service might cost if rolled out nationally – majority considers item should have explained that 211 service was operating more extensive hours than the CAB – majority uphold Standard 5 (accuracy) – subsumed under Standard 4 Standard 6 (fairness) – subsumed under Standard 4No OrderThis headnote does not form part of the decision. Broadcast [1] On TV One at 6pm on 23 May 2006, an item on One News discussed the 211 Helpline, a community helpline run by the Ministry of Social Development (MSD)....

Decisions
Hind and Television New Zealand Ltd - 2008-073
2008-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Build a New Life in the Country – contained coarse language – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Action Taken – broadcaster upheld the complaint, apologised and took steps to prevent future mistakes – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Build a New Life in the Country (rated G) was broadcast on TV One at 7. 30pm on Saturday 7 June 2008. The series followed British couples as they pursued their dream homes and lifestyles. In the 7 June episode, Jason and Phillipa had bought a chateau in France and planned to renovate it and open it as a bed and breakfast. The episode tracked their progress over nine months. [2] At approximately 7....

Decisions
Wolf and Television New Zealand Ltd - 2008-068, 2008-069
2008-068–069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday and One News – reported on a police drugs bust involving former Australian swimmer Scott Miller – Charlotte Dawson mentioned as being his ex-wife – one item included wedding photos of Ms Dawson and Mr Miller – allegedly in breach of law and order, balance, accuracy and fairness Findings Standard 2 (law and order) – items did not encourage viewers to break the law or otherwise condone, promote or glamorise criminal activity – not upheld Standard 4 (balance) – items did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – items were accurate on points of fact – not upheld Standard 6 (fairness) – Ms Dawson was treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Ferrabee and Television New Zealand Ltd - 2016-090 (19 April 2017)
2016-090

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....

Decisions
Christensen and Television New Zealand Ltd - 2018-007 (8 May 2018)
2018-007

Summary[This summary does not form part of the decision. ]A 1 News segment on 14 November 2017 discussed the effect of an expanding Chinese economy on global carbon dioxide (CO2) levels. In a pre-recorded item from the BBC, with reference to the release of CO2, a BBC Correspondent said that ‘the gas traps heat in the atmosphere’. The Authority did not uphold a complaint that the item was inaccurate or unbalanced. The Authority found that the broadcaster was entitled to rely on internationally reputable sources to support the BBC Correspondent’s statement on the issues addressed in the segment. The Authority also found that the broadcaster’s reliance on this leading scientific theory to the exclusion of others in the broadcast was unlikely to leave viewers significantly misinformed....

Decisions
Wong & Soper and Television New Zealand Ltd - 2020-177 (22 June 2021)
2020-177

The Authority has not upheld two complaints about an item on 1 News that reported on protests in Washington DC in opposition to the results of the United States Presidential election. The complaints were the item’s description of the Proud Boys as a ‘white supremacist’ group was inaccurate because its leader, Enrique Tarrio, is African-Cuban and it is an ‘American chauvinist’ rather than a white supremacist group. Mr Soper also complained the item’s descriptions of Joe Biden as President-Elect, before his confirmation by the Electoral College, and of voter fraud claims as unproven, were unbalanced and inaccurate because Mr Biden’s election had not been confirmed and there was substantial evidence of voter fraud. The Authority found use of the term ‘white supremacist’ was distinguishable as analysis and opinion, to which the requirement for factual accuracy does not apply....

Decisions
Purchase and Television New Zealand Ltd - 2020-064 (24 November 2020)
2020-064

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

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