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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L C EVANS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 118/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PALESTINE HUMAN RIGHTS CAMPAIGN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about New Zealand’s dog breeds and breeders’ ethics regarding inbreeding – reporter visited one breeder at her home – allegedly unfair FindingsStandard 6 (fairness) – complainant was not given a reasonable opportunity to comment – she should have been informed that the programme would broadcast specific allegations against her – reporter’s approach was unfair – upheld OrderSection 13(1)(a) – broadcast of a statement This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 29 March 2009, investigated the state of New Zealand’s pedigree dog breeds and breeding ethics in response to an earlier programme which looked at the health of Britain’s purebred dogs. [2] Included in the item was comment from a dog-owner, Chris, who owned a bulldog....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South – presenter visited lighthouse on Dog Island – told story about lighthouse keeper who “apparently fell to his death” – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – factual programme – story was presented as gossip or an anecdote – prefaced with “apparently” and “it appears” – not material points of fact – not upheld Standard 6 (fairness) – fairness standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of South, a programme featuring presenter Marcus Lush exploring Southland, was broadcast on TV One at 7. 30pm on Sunday 16 August 2009. [2] Mr Lush was shown setting out on his journey, and travelling first to Dog Island off the bottom of the South Island....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – language in interview with chef Gordon Ramsay – allegedly in breach of children’s interests standard Findings Standard 9 (children’s interests) – children unlikely to be watching unsupervised – Gordon Ramsay famous for use of bad language so not unexpected – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Close Up, broadcast on TV One at 7. 30pm on Monday 23 June 2008, the programme’s host interviewed Gordon Ramsay, a well-known and hot-tempered chef. During the interview, the host asked him, “So no swearing at home then? ” Mr Ramsay replied that although he and his family did not swear at home, he could not stop his children hearing swear words at school in the playground, and his eight-year-old son had recently been taught the word “wanker” by his schoolmates....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Rude Awakenings – scene in which man and woman have sex on a table – allegedly in breach 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] Rude Awakenings was a New Zealand drama series focussing on the lives of neighbouring Ponsonby families. An episode screened at 8. 30pm on Friday 16 February included a scene in which one of the central female characters – who was dissatisfied with her marriage – had sex with her personal trainer on a table. The personal trainer continued to watch sport on television while having sex. [2] The scene was shot from behind the male character, whose naked buttocks were visible. No female nudity was shown....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary New Zealand: Life on the Street – profiled several homeless people in Christchurch – included a man who had been murdered shortly after participating in the programme – allegedly breached the privacy of his family and was unfair to him and his familyFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – accurate portrayal of homeless man – not unfair – complainant and his family not taking part or referred to – not upheldThis headnote does not form part of the decision. Broadcast [1] Documentary New Zealand:Life on the Street was broadcast on TV One at 8. 35pm on 21 February 2005. The documentary profiled several homeless people in Christchurch, including a man named Shannon who had been murdered shortly after taking part in the programme....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Frontier of Dreams – history of New Zealand – first two episodes – stated that first migrants settled in New Zealand about 800 years ago – allegedly inaccurateFindingsStandard 5 (accuracy) – programme based on modern scholarship and the current understanding of scientific evidence – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Frontier of Dreams is a television history of Aotearoa/New Zealand. The first broadcast, a double episode, was screened on TV One at 7. 30pm on 24 September 2005. The first episode dealt with the history of New Zealand before settlement by humans which, it said, occurred about 800 years ago. While acknowledging that New Zealand might have been visited by humans earlier, the programme said the first migrants arrived about 800 years ago. This account was repeated in the second episode....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Fear Factor – reality programme in which contestants take part in repellent or frightening activities – contestants were required to tread in a vat containing live earthworms and were required to drink worm “juice” – allegedly offensive and not in interests of childrenFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 9 (children’s interests) and Guideline 9e – earthworms not animals under Guideline 9e – S1930 rating imposed by broadcaster indicated that children’s interests were acknowledged – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factor was screened at 7. 30pm on TV2 on 2 March 2004. The broadcaster described Fear Factor as a “reality” programme in which the contestants are challenged to take part in repellent and frightening activities....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Tomorrow La Scala! – Lexus Sunday Theatre – operetta company in maximum security prison using prisoners to rehearse and perform the musical “Sweeney Todd” – included scenes of male rape and consensual heterosexual intercourse, and use of word “fuck” – alleged excessive violence, alleged offensive behaviour and language, and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – not screened in children’s normal viewing time – not upheld Standard 10 (violence) and Guideline 10d – violence was graphic but acceptable given theme of play and care shown with detailed warning – not upheld Comment Authority to consult further on arguments for more explicit warnings This headnote does not form part of the decision. Broadcast [1] Tomorrow La Scala! was broadcast on TV One’s “Lexus Sunday Theatre” beginning at 8....

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

ComplaintOne News and One Late Edition – news items – Bailey Kurariki – referred to as a "killer" – inaccurate – unfair Findings Standard 5 – manslaughter definition – reference not inaccurate – no uphold Standard 6 – Bailey Kurariki not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] On One News at 6. 00pm and on One Late Edition at 10. 35pm on 16 September 2002, a report about the sentencing of the people convicted for the killing of Michael Choy was broadcast. [2] Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the news reports relating to one of the people sentenced, Bailey Kurariki ("Bailey"), were inaccurate because they referred to Bailey as a "killer" and dealt with him unfairly....

ComplaintSpace – interview with rock group Pantera – language – fuck – motherfucker – offensive – standard G2 upheld by broadcaster – warning acknowledged as inadequate – action taken to improve warnings FindingsDecline to determine – s. 11(b) – attempt by complainant to re-litigate conviction for use of obscene language under Telecommunications Act This headnote does not form part of the decision. Summary "Pantera", a heavy metal band, was interviewed on Space which was broadcast on TV2 on 11 May 2001 starting at 10. 25pm. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the language in a programme aimed at young people was obscene. In response, TVNZ noted that the interview included the words "fuck" and "motherfucker". It referred to the programme’s AO rating and time of broadcast, and said that the language used was part of the "Pantera persona"....

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with female porn star about her thoughts on feminism and sexuality – included footage of porn star wearing lingerie and clips from her pornographic movies – broadcaster upheld complaint under good taste and decency and children’s interests standards – action taken allegedly insufficient FindingsAction taken – Standards 1 (good taste and decency) and 9 (children’s interests) – serious breach of good taste and decency and children’s interests standards – action taken by broadcaster was insufficient – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – costs to the Crown of $3,000 This headnote does not form part of the decision. Broadcast [1] During an episode of Close Up, broadcast on TV One at 7pm on 11 August 2010, a reporter interviewed a female porn star, Nina Hartley, about her life and thoughts on feminism and sexuality....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Nothing Trivial – broadcast during Coronation Street – contained sexual references – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sexual references were fleeting and innocuous – consistent with viewer expectations of Coronation Street and PGR timeband – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 7. 30pm and 8. 30pm on 12 July 2011, during Coronation Street which was rated PGR. [2] In the promo, the characters were shown talking about their quiz topic strengths, while thinking about their personal lives, as follows: Emma: I like animals and I know a bit about cooking. . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Bad Santa – promo screened during family Christmas movie The Santa Clause 2 – contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield – “Bad Santa” told child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa he replied “No, it was her sister” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 9 (children’s interests) – sexual references were implied and would have gone over the heads of younger viewers – promo was correctly rated PGR and did not contain any material which warranted a higher classification of AO – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – most viewers would not have been offended by the promo when broadcast in this…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Piha Rescue – episodes showed rescues involving unidentified surf schools at Piha – showed confrontation between an unidentifiable surfing instructor and lifeguards when lifeguards attempted to rescue students and instructor resisted – allegedly in breach of fairness and accuracy standards FindingsStandard 6 (fairness) – no surf school was named in 12 March episode and the narrator referred to surf schools in a general way only – Piha surf schools not treated unfairly – the Piha community and surf coaching industry are not “organisations” for the purposes of the fairness standard – 12 March episode not unfair – 19 March episode captured events accurately and fairly and footage not unfairly edited – viewers were left to make up their own minds about the incident – Mr Wallis was not identifiable – Mr Wallis’ perspective was clear from his comments that were included in the…...