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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 107/95 Dated the 12th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GROUP OPPOSED TO ADVERTISING OF LIQUOR Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-150 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LIEUTENANT COMMANDER B I FOTHERINGHAM of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-009 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-103 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IVAN A HANSEN of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary Good Morning referred to the Alliance Party’s proposal to introduce higher taxes. The presenter asked "Should the rich be taxed more? ", and invited viewers to telephone or fax their responses for inclusion in the programme’s Voteline. Responses were provided to viewers in a graph format, and through the presenter’s comments during the course of the programme, which was broadcast on TV One on 29 September 1999, from 10. 00–12. 00 noon. Mr Wakeman complained to Television New Zealand Limited, the broadcaster, that the programme’s focus on tax rates was not balanced. He had attempted to participate in the poll, he said, and the broadcaster had advised it would contact him for his view but had failed to do so. He questioned the number of responses received, and also the presenter’s comment at one particular time that the poll was showing a lack of support for tax increases....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Mother – movie contained coarse language and sex scenes – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called The Mother was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 29 November 2009. The movie contained coarse language including the words “fuck”, “shit” and “cock”, as well as three sex scenes. [2] The first sex scene involved a man and a woman lying next to each other in bed. The man was performing a sex act on the woman, but they were covered up to their shoulders in blankets and no nudity was visible....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News ­– item on Big Wednesday Lotto draw – presenter stated that ticket holders had a one in 2. 7 million chance of winning – allegedly inaccurate FindingsStandard 5 (accuracy) – item technically inaccurate – upholding the complaint would place an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] A One News item, broadcast at 6pm on Wednesday 10 June 2009, reported on a Lotto “Big Wednesday” draw that had jackpotted to twenty million dollars. The presenter introduced the item by saying: In just over an hour, some lucky punter could be twenty million dollars richer in what would be the country’s largest ever Lotto win. Big Wednesday’s jackpotted to include twenty million dollars cash, there’s only a one in 2....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....

Chair Joanne Morris declared a possible conflict of interest because of knowing one of the complainants and also as a member of the Waitangi Tribunal that was to hear the foreshore and seabed claims, so did not participate in the determination of these complaints....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item profiling the Destiny Church and its pastor – interviews with the pastor, former members of the Church, a university lecturer and the director of Cultwatch – allegedly unbalanced and unfair to the Destiny ChurchFindingsStandard 4 (balance) – sufficient opportunity given to the Church and its pastor to present its views on the controversial issues – not upheld Standard 6 (fairness) – Church given opportunity to respond to issues raised – not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Sunday shown on TV One at 7. 30pm on 3 October 2004 profiled the Destiny Church and its leader, Pastor Brian Tamaki. The segment gave background information about the church and its recent march to Parliament protesting the Civil Union Bill....

ComplaintOur World: Clever Dicks – Part 2 – clever creatures shown – image of kea in AMI Insurance advertisement included – kea prising tail light from vehicles – inaccurate representation of kea FindingsStandard G1 – image not a point of fact – no uphold This headnote does not form part of the decision. Summary Our World: Clever Dicks – Part 2, broadcast on TV One at 8. 05pm on 17 March 2001, included footage of New Zealand’s kea rapidly completing a series of tasks which, on the face of it, seemed to require a certain amount of reasoning to accomplish. An image of kea prising the tail lights from vehicles, drawn from an advertisement for AMI Insurance, was also included. Roger Conroy complained to Television New Zealand Ltd, the broadcaster, that the programme featuring the advertisement was inaccurate when it showed kea prising the tail lights out of vehicles....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Two and a Half Men – episode screened at 7. 30pm contained sexual innuendo including references to being “spanked”, “wearing my panties”, and transmitting sexual diseases – showed naked man with his genitals pixellated – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – sexual innuendo was inexplicit and sophisticated so that it would have gone over the heads of younger viewers – nudity pixellated – content consistent with programme’s PGR rating – contextual factors – not upheld Standard 9 (children’s interests) – episode correctly rated PGR – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision.  ...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Lord of the Rings: The Fellowship of the Ring – characters referred to smoking “weed” and “leaf” – allegedly in breach of broadcasting standardsFindingsStandard 2 (law and order) – references to “weed” and “leaf” did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During The Lord of the Rings: The Fellowship of the Ring, characters made two brief references to “weed” and “leaf”. Bilbo Baggins the hobbit, and Gandalf the wizard, were shown smoking pipes as Bilbo commented, “Old Toby, the finest weed in the South Farthing. ” Later, Gandalf said to Saruman the wizard, “All these long years [the ring] was in the Shire, under my very nose”....

Download a PDF of Decision No. 1993-129:Kubala and Television New Zealand Ltd - 1993-129 PDF269. 54 KB...

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

Summary [This summary does not form part of the decision. ]During the 1 News Vote 17 Leaders Debate, moderator Mike Hosking questioned Bill English about a damaged fuel pipeline in Auckland that caused disruption to flight services, using the phrase ‘for God’s sake’. The Authority did not uphold a complaint that Mr Hosking’s use of this phrase was blasphemous and offensive. The Authority has consistently found that variations of ‘God’, ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations and in this case, Mr Hosking used the phrase to express his own, and voters’, frustration at the Government’s management of the fuel crisis. In these circumstances, the Authority found that the alleged harm did not outweigh the important right to freedom of expression, particularly in the lead up to a general election....

The Authority has not upheld a complaint under the offensive and disturbing content standard regarding a match of Super Smash Cricket which featured the te reo Māori phrase ‘kore puta’ (following the English phrase ‘not out’) onscreen when a review was called for whether the player batting was out or not out. The complainant considered the word ‘puta’ was highly offensive due to its different meaning in other languages such as Spanish and Portuguese. The Authority did not uphold the complaint, finding that in the context of a broadcast of a New Zealand domestic cricket match, and the previous phrase onscreen ‘decision pending’ also translated in te reo, it was clear the word ‘puta’ was being used as a te reo translation for the word ‘out’. In this context, the Authority did not need to consider what the word may mean in other languages....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R J ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...