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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-011 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-086 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryThe involvement of the Prime Minister’s staff with Timberlands was the subject of news items on One Network News broadcast on 17, 18 and 19 August 1999 beginning at 6. 00pm, an item on Breakfast on 18 August beginning at 7. 00am, and an item on Holmes on 18 August beginning at 7. 00pm. It was reported that although Mrs Shipley had denied such involvement with the company after she became Prime Minister, papers released that day indicated otherwise. Hon David Carter, Associate Minister of Food, Fibre, Biosecurity and Border Control complained to Television New Zealand Ltd, the broadcaster, that the 18 August report was inaccurate, unfair and unbalanced. He pointed out first that Mrs Shipley had not denied that her staff had been involved with Timberlands since she had become Prime Minister....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item reported that two bodies had been found on top of a rail “carriage” – allegedly inaccurate One News – news item on the death of two men whose bodies were found on top of a rail wagon – during the item, an interviewee referred to rail “carriage” – allegedly inaccurate Findings Standard 5 (accuracy) – use of carriage technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – statement prior to commercial break referred to volcano eruption and tsunami threat – allegedly misleading and inaccurate Findings Standard 5 (accuracy) and guideline 5b – statement would not have misled or alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Prior to a commercial break during One News, beginning at 6pm on 2 March 2007, presenter Simon Dallow said: Just ahead this news hour, a volcano eruption sparks fears of tsunami. [2] Following the commercial break, One News reported that a volcanic eruption on the island of Stromboli, off the Sicilian coast, had “sparked a warning that it could trigger a tsunami similar to the one that caused widespread damage five years ago”....

Complaint Sunday – item on Maui’s dolphins and introduction of set net ban – unfair and unbalanced FindingsStandard 4 – views of those opposed to the set net ban balanced against those in support – issues raised about treatment of complainants best assessed under Standard 6Standard 6 (preparation) – no evidence of assurances about scope of programme – not unfair – not upheldStandard 6 (presentation) – complainants’ position presented out of context – failure to mention alternative management plan unfair to complainants – upheld OrdersBroadcast of statement $2000 contribution towards complainants’ legal costsThis headnote does not form part of the decision Summary [1] An item about Maui’s dolphins explained that the species was in danger of extinction. It described set net fishing as the “single largest threat to [the] animal’s continued existence” and discussed the imminent Government ban on set net fishing....

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

ComplaintTV One – coverage of Olympic Games opening ceremony advertised as being live – untruthful and inaccurate FindingsStandard G1 – implication perhaps misleading – no incorrect facts broadcast – no uphold This headnote does not form part of the decision. Summary The Olympic Games Opening Ceremony was broadcast on TV One on the evening of 14 September 2000. Advertising breaks were included during the programme. Bryan Bluck complained to Television New Zealand Ltd, the broadcaster, that the extensive advertising prior to the opening of the Olympic Games implied that the broadcast would be live. In fact, he said, after the first advertising break, it was a delayed telecast. He emphasised that his complaint was not that the programme contained advertising, but that the promotions had implied it would be a direct broadcast rather than a delayed one....

Summary In a review of events surrounding the Erebus crash, it was reported that the then CEO of Air New Zealand had told a senior pilot "I’ll cut your f-ing balls off". The remark was quoted in a 60 Minutes item broadcast on 28 November 1999 at 7. 30pm, the 20th anniversary of the crash of the Air New Zealand plane in the Antarctic. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that such language was offensive, unacceptable and entirely unnecessary, particularly in a programme which dealt with a subject still painful for the friends and relatives of those killed. TVNZ emphasised the context in which the remark was made and suggested the comment reflected the bitterness and unresolved questions arising from the disaster. In its view, the phrase spoke volumes about the emotions aroused by the debate....

Download a PDF of Decision No. 1993-091:Sharp and Television New Zealand Ltd - 1993-091 PDF374. 61 KB...

Warning — This decision contains references to sexual violence. The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate....

The Authority has not upheld a complaint a 1News segment on James Shaw’s decision to resign as co-leader of the Green Party breached the accuracy, balance, and fairness standards for including a statement from former Prime Minister Chris Hipkins that emissions had decreased for three years in a row. The Authority found the statement was not a material fact likely to impact the audience’s understanding of the broadcast as a whole – which was focussed on Shaw’s resignation and legacy and not on emissions levels. The balance and fairness standards did not apply. Not Upheld: Accuracy, Balance and Fairness...

The Authority has declined to determine six complaints about various TVNZ broadcasts, under several standards, as the concerns related to the complainant’s personal preferences on what should be broadcast, issues raised had recently been dealt with and did not warrant further determination and/or the standards raised did not relate to the relevant complaint. Two complaints were also trivial. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial; and section 11(b) in all the circumstances the complaint should not be determined): Balance, Accuracy, Fairness, Discrimination and Denigration, Offensive and Disturbing Content...

The Authority has not upheld a complaint a 1 News item on the Ministerial Inquiry into woody debris (including forestry slash) and sediment in Tairāwhiti | Gisborne and Wairoa was inaccurate, due to the inclusion of some background footage of a forest near Tūrangi which had suffered windthrow. The complainant alleged the footage misled the audience to think forest damaged by windthrow was an example of what poor practices in the forestry sector look like. The Authority found the alleged inaccuracy was not material, and would not have significantly impacted viewers’ understanding of the item as a whole. Not Upheld: Accuracy...

Download a PDF of Decision No. 1991-055:Ritchie and Television New Zealand Ltd - 1991-055 PDF429. 31 KB...

Summary[This summary does not form part of the decision. ]An episode of The Hard Stuff with Nigel Latta focused on issues around retirement. At the beginning of the episode, Nigel Latta was transformed into an elderly man using special effects make-up. He reacted to his transformation with the exclamation, ‘Oh my God! ’ The Authority did not uphold a complaint that this language was offensive and that presenters of current affairs or documentary programmes should be required to use a higher standard of language. The Authority followed its findings in previous decisions that expressions such as ‘Oh my God’ are often used as exclamations and are not intended to be offensive. It was satisfied that in the context it was used by the presenter, the expression would not generally be considered to threaten current norms of good taste and decency....

Summary[This summary does not form part of the decision. ]During an episode of Seven Sharp the presenter Hilary Barry welcomed a temporary presenter, Matt Chisholm, who responded by saying ‘it’s bloody good to be here’. The Authority did not uphold a complaint that the use of the word ‘bloody’ breached the good taste and decency standard, finding the use of the term in the context of this programme was not inappropriate or unnecessary. The Authority has consistently found this expression to be colloquial language commonly used as an exclamation in our society. The Authority noted that Seven Sharp is aimed at adult viewers and the expression was not intended to be aggressive or pejorative. Overall, the Authority found that any potential for harm by the use of this term did not justify a restriction on the broadcaster’s right to freedom of expression....

Download a PDF of Decision No. 1992-022:Cole and Television New Zealand Ltd - 1992-022 PDF274. 08 KB...

Summary Overcrowding in state owned housing was the focus of an item on Holmes broadcast on 27 August 1998 between 7. 00–7. 30pm. The issue had become topical when, the previous day, the Chief Executive of Housing New Zealand had suggested that for some families it was a matter of choice that they lived in overcrowded conditions. Michael Cashin, Chairman of Housing New Zealand, complained to Television New Zealand Ltd that the broadcast was unfair and unbalanced because it misrepresented the status of the family shown. In his view it was unfair and inaccurate that the programme portrayed the family as having not being offered any other options and being left to endure overcrowded accommodation. He maintained that TVNZ should have sought a privacy waiver so that Housing New Zealand could respond by discussing the true circumstances of the family shown....