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Decisions
Davies and Television New Zealand Ltd - 2010-136
2010-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item reported on death of motorcyclist on racing track – included footage of the accident – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – footage was brief and shot from a distance – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Breakfast, broadcast on TV One at approximately 7. 05am on Monday 6 September, reported on the death of a motorcyclist. The news reader stated, “In sport, there’s been an horrific death in the 250cc section of the Moto GP in San Marino. Japanese rider Shoya Tomizawa on the red bike was killed after being hit by two others in this incident. The other two riders escaped serious injury....

Decisions
White and Television New Zealand Ltd - 2015-042
2015-042

Summary[This summary does not form part of the decision. ]An item on Fair Go investigated a case of alleged elder financial abuse by a man, P against a 90-year-old woman, E. The programme also featured P's 'mentor' (M), a spokesperson from E's bank and comment from E and her grandson. The Authority did not uphold a complaint that the item was unfair, inaccurate and unbalanced. Both P and M were given a fair and reasonable opportunity to comment, the broadcaster made reasonable efforts to ensure the item was accurate and the item did not discuss a controversial issue of public importance which required the presentation of alternative views. Not Upheld: Fairness, Accuracy, Controversial IssuesIntroduction[1] An item on Fair Go investigated a case of alleged elder financial abuse....

Decisions
Wellington Palestine Group and Television New Zealand Ltd - 2015-101 (12 May 2016)
2015-101

Summary[This summary does not form part of the decision. ]An item on ONE News reported on incidents of violence in Israel and Palestine. The newsreader said, ‘Road blocks are in place and thousands of police and soldiers are patrolling across Israel as it tries to stop a wave of violence’, and then crossed to a correspondent reporting from East Jerusalem. The item also went on to report on other incidents of violence between Israelis and Palestinians, including in Gaza. The Authority upheld a complaint that the item was inaccurate because East Jerusalem is internationally recognised as being part of Palestine, not Israel, and viewers would have been misled into thinking that much of the violence took place in Israel. Upheld: AccuracyNo OrderIntroduction[1] An item on ONE News reported on incidents of violence in Israel and Palestine....

Decisions
Barry and Television New Zealand Ltd - 2016-077 (15 December 2016)
2016-077

Summary[This summary does not form part of the decision. ]A promo for an episode of the comedy-drama series Lucifer was broadcast during Sunday. In the promo, the main character, Lucifer, was shown impersonating a priest and hearing a woman’s confession. Lucifer said to the woman, ‘Your penance: ten Bloody Marys and a good shag’. The Authority did not uphold a complaint that the main character’s impersonation of a priest was inappropriate, offensive and denigrated Catholics and Christians. The Authority acknowledged that the promo would have been upsetting to some viewers who hold certain beliefs, but found in the context of the broadcast the promo did not reach the threshold for finding a breach of standards. The promo reflected the content of the fictional programme promoted, and was intended to be humorous and light-hearted. It contained only low-level sexual innuendo....

Decisions
Chief Ombudsman (Sir Brian Elwood) and Television New Zealand Limited - ID2001-002
ID2001-002

ComplaintOne News– interview with Chief Ombudsman about tax-payer funded sex-change operation where health bureaucracy acted unfairly – incorrect impression portrayed of Ombudsman’s decision, contrary to agreement before interview – field tape sought to assist preparation of complaint – Broadcasting Act s. 12 Order: Order made to release field tape to complainant This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background An item on One News on 23 November 2000 reported on the case of Joanne Procter who was seeking a taxpayer-funded sex change operation. Her application had been approved by doctors at Waikato Hospital, but that decision had been overruled by the Health Funding Authority. She had taken her case to the Ombudsman, and the Chief Ombudsman had ruled that she had been treated unfairly by the health bureaucracy. A brief comment from the Chief Ombudsman was included in the item....

Decisions
Smits and Television New Zealand Ltd - 1995-097
1995-097

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 97/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Fowlie and Television New Zealand Ltd - 1996-002
1996-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-002 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN FOWLIE of Paeroa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Sawyers, Hughes and Walker, and Segedin and Television New Zealand Ltd - 1996-155, 1996-156, 1996-157
1996-155–157

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-155 Decision No: 1996-156 Decision No: 1996-157 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CALUM SAWYERS of Wellington and A J HUGHES and A J WALKER of Auckland and ROSEMARY SEGEDIN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Pietersma and Television New Zealand Ltd - 1997-079
1997-079

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-079 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TRINA PIETERSMA of Taupo Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Adelphi Finance Ltd and Television New Zealand Ltd - 1998-093
1998-093

Summary An item broadcast on Holmes on TV One on 15 December 1997 focussed on two teenage girls whose mother had died, owing about $2,000 to Adelphi Finance. The broadcast related how the girls’ father had moved in to care for them and how, shortly after, furniture in their house had been repossessed on behalf of that company. Adelphi Finance Ltd, through its solicitors, complained to Television New Zealand Limited, the broadcaster, that the item was factually inaccurate, distorted the actual events, was unbalanced and partial, and presented a misleading impression of both the complainant and the circumstances of the repossession. TVNZ responded that the complainant was given every opportunity to present its side and to have it included in the item. Further, it noted that a studio summation of the complainant’s case was included at the end of the broadcast....

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

Decisions
Schwabe and Television New Zealand Ltd - 2000-156
2000-156

ComplaintStrassman – ventriloquist – offensive language – fuck – wank – blasphemyFindingsStandard G2 – AO – warning – context relevant – no uphold Cross ReferenceDecision No: 2000-137 This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 18 July 2000 used the word "fuck" and its derivatives when in conversation with his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In particular he said he was offended by the use of the word "fuck", which he said was a macho term which unashamedly denigrated women and instilled an "antisocial and dangerous attitude towards women". As he had received no response from TVNZ, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Valenta and Television New Zealand Ltd - 2002-154
2002-154

ComplaintM2 – "One Night in New York City" – music video – theme of drug rape – portrayal of criminal sexual activity – breach of good taste and decency Findings Standard 1 – context, including offensive language and behaviour – majority uphold Standard 2 – Guideline 2e – anti-social behaviour portrayed but not glamorised – no uphold No Order This headnote does not form part of the decision. Summary [1] A music video by the band The Horrorists, entitled "One Night in New York City", was broadcast on M2 on TV2 at approximately 4. 25am on 10 February 2002. The lyrics told the story of a 15-year-old girl who visited New York City, and went home with a man she met at a nightclub. The man gave her a pill, which she took, and then she asked him what it was....

Decisions
Young and Television New Zealand Ltd - 2010-046
2010-046

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Big Bang Theory – scene showed a male and female character drinking alcohol and then in bed together – allegedly in breach of law and order, responsible programming, children’s interests, violence and liquor FindingsStandard 9 (children’s interests) – liquor consumption was borderline in a PGR programme but scene involved fictional adult characters in a comedic context – acceptable for children with parental guidance – not upheld Standard 11 (liquor) – programme did not advocate liquor consumption – no liquor promotion – showing liquor was incidental to the programme – not upheld Standard 2 (law and order) – programme did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme did not contain subliminal perception – not upheld Standard 10 (violence) – programme did not contain any violence – not upheld This headnote does not form part of the decision.…...

Decisions
Prendergast and Television New Zealand Ltd - 2009-118
2009-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item discussed “all-out war” between the Wellington Mayor and a city councillor – allegedly inaccurate and unfair FindingsStandard 5 (accuracy) – item was not inaccurate or misleading – not upheld Standard 6 (fairness) – use of psychologist trivialised the situation but viewers unlikely to have taken her comments seriously – Mayor given adequate opportunity to comment – not unfair to Ms Prendergast or to the Council – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 16 July 2009, was introduced by the presenter as follows: What on earth is going on at Wellington City Council?...

Decisions
Campbell and Television New Zealand Ltd - 2008-011
2008-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Line of Beauty – episode of programme about a young gay Oxford graduate included homosexual sex scenes – allegedly breached standards of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1] An episode of the drama Line of Beauty was broadcast at 11. 50pm on TV One on Sunday 28 October 2007. Line of Beauty followed a young, gay, middle class Oxford graduate Nick who was invited to live with a wealthy and politically powerful family in the 1980s. [2] This episode contained several sex scenes. In one scene, Nick watched as his boyfriend and another man appeared to engage in oral sex....

Decisions
Cunliffe and Television New Zealand Ltd - 2008-097
2008-097

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint....

Decisions
McDonald and Television New Zealand Ltd - 2007-033
2007-033

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”....

Decisions
Kiro and Television New Zealand Ltd - 2007-111
2007-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

Decisions
Walden and Television New Zealand Ltd - 2006-061
2006-061

Complaint under section 8(1)(a) of the Broadcasting Act 1989Police College – reality series following new police recruits – showed man being ejected from Westpac Stadium – man was seen resisting attempts to remove him and shouting abuse at police – allegedly in breach of privacy and unfairFindingsStandard 3 (privacy) and privacy principle (ii) – insufficient time had passed for public fact to become private – not upheld Standard 6 (fairness) – guideline 6b only applies to planned appearances – Mr Walden unnecessarily identified under guideline 6f, but overall treated fairly – not upheldThis headnote does not form part of the decision. Broadcast [1] Police College was a reality series which traced the progress of cadets through the Police College. In an episode broadcast on TV2 at 10....

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