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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-036 Dated the 17th day of April 1997 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 A Martin...

SummaryA promo for an episode in the series The Human Body showed a naked pregnant woman and was broadcast on TV One at about 6. 40pm on 17 September. Ms Hutchings of Palmerston North complained that it was disgusting to use that imagery to sell a programme, particularly in the early evening. She pointed out that viewers who might choose not to watch the programme because they found the images offensive were not given a choice about watching the promo because no prior warning was given. In its response, TVNZ maintained that as the image was not prurient it did not breach the good taste standard. It emphasised that pregnancy was part of the natural process of human life which the series traced from conception, through pregnancy and birth to adolescence, adulthood and finally death....

Summary There was a tense debate at the Annual General Meeting of the Hero Trust, according to an item on Queer Nation broadcast on TV2 at 11. 00pm on 5 October 1999. The meeting rejected a proposal to wind up the Trust, and a new Board was elected, the report continued. Several people who had been present at the meeting were interviewed. Kat Jackson of Auckland complained to Television New Zealand Ltd, the broadcaster, that the interview with a woman who had attended the meeting implied that she had the authority and knowledge to speak on behalf of the Trust. Ms Jackson said that the woman had unsuccessfully stood for a position on the Trust and was not empowered to speak on its behalf. She claimed that the broadcast of the interview without mention of this fact resulted in the item being unbalanced and partial....

ComplaintMusic Video – "Beautiful Day" – offensive behaviour – unsuitable for children FindingsStandard G2 – kissing shown – not offensive – no uphold Standard G12 – content acceptable – no uphold This headnote does not form part of the decision. Summary A music video was broadcast on TV One at about 8. 00am on Sunday 8 October 2000 between a religious programme and a children’s programme. The song "Beautiful Day" was sung by U2. Barry Marshall complained to Television New Zealand Ltd, the broadcaster, that the video contained "licentious behaviour" which he considered offensive. In his view, it was unsuitable for broadcast at any time, but particularly so when placed between two "quality programmes". TVNZ responded that the song’s lyrics were not unsuitable for child viewers and that the visuals of a couple kissing did not exceed community norms of decency and good taste....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenter said there was a “wind chill factor well below zero in several states” in America – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 26 December 2010, reported that “severe winter storms are still causing havoc closing airports and delaying flights across America. Snow, ice and a wind chill factor well below zero in several states, plus violent tornadoes in others, are testing the Christmas patience of thousands of travellers....

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – item featured a man who had been made redundant – claimed he was not eligible for the Government’s ReStart package – allegedly inaccurate FindingsStandard 5 (accuracy) – item inaccurate in stating that the man was not eligible for ReStart – also omitted the fact that the man received holiday pay which meant he was effectively on full pay until a week before ReStart payments began – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 29 January 2009, featured a man who had been made redundant from his printing job and now found that his redundancy pay was dwindling and he was struggling to buy food and pay bills....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – contained interview with a psychologist who discussed different personality types in the workplace – presenter used the term “schizos” before and during the interview – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – comments lacked necessary invective to reach threshold – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – complainant did not identify any person or organisation he felt had been treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 22 September 2009, contained an interview with psychologist and employment relations expert Dr Giles Burch. [2] At 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – man hit another’s head on a rock – man hit with baseball bat – unconscious man put in car and car set alight – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld by majority No Order This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 2 September 2008. It began with a car chase involving one of the central characters, Dr Craig Valentine, who was eventually forced off the road and down a bank....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about Minister of Foreign Affairs Winston Peters’ visit to Washington DC – questioned Mr Peters’ interruption of American senator during interview – allegedly unbalanced, inaccurate and unfair FindingsStandard 4 (balance) – media agreement with Mr Peters not controversial issue of public importance – journalists’ perspective not required – not upheld Standard 5 (accuracy) – footage of interview not edited in the way alleged by complainant – not misleading or inaccurate – not upheld Standard 6 (fairness) – footage of interview not edited in the way alleged by complainant – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Question of Justice – documentary examining the ongoing controversy surrounding the conviction of David Bain for the murders of five family members – included police video, photographs of the crime scene, and re-enactments of the murders – allegedly unfair and in breach of the violence standardFindingsStandard 6 (fairness) – programme explored all different perspectives – not unfair to David Bain – not upheld Standard 10 (violence) – murder scenes not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] A Question of Justice, broadcast on TV One at 8. 30pm on 12 May 2005, examined the ongoing controversy surrounding the conviction of David Bain for the murders of five family members. The programme included police video and photographs of the crime scene, plus re-enactments of the murders and other scenes....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– item on the arrest of five protesters demonstrating against a 1080 poison drop on a farm – Department of Conservation logo was displayed behind the presenter as he introduced the item – allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – use of DOC log was careless, but would not have influenced viewers’ understanding of the issue reported on – not misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Tuesday 15 June 2010, discussed the arrest of five protesters demonstrating against a 1080 poison drop on a farm on the West Coast. [2] At the start of the item, a graphic showing the Department of Conservation (DOC) logo with 1080 pellets underneath it was displayed behind the presenter as he introduced the item....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Packed to the Rafters – woman briefly put her hand down the front of her boyfriend’s pants, who jumped and exclaimed “You’ve got chilli on your hands! ” – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – scene was fleeting and playful – intended to be humorous rather than sexual – contextual factors – not upheld Standard 8 (responsible programming) – content was not unsuitable for supervised child viewers – promo correctly rated PGR and screened during Coronation Street – not upheld Standard 9 (children’s interests) – promo did not contain AO material and would not have disturbed or alarmed child viewers – 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 1989 “Breaking News” caption – “breaking news ticker” broadcast during advertisement break stated, “Breaking News. . . Container ship breaks apart. . . Tugs racing to the scene. . . More on One News at 4. 30, 6pm and at tvnz. co. nz” – information inaccurate – question whether the breaking news ticker was a “programme” for the purposes of the Broadcasting Act 1989 and therefore whether the Authority has jurisdiction to accept the complaint    Findings “Breaking news ticker” consisted predominantly of alphanumeric text and therefore excluded from the definition of “programme” – Authority does not have jurisdiction to accept the complaint This headnote does not form part of the decision.  ...

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on verdict in Ewen McDonald murder trial – reporter commented, “You could well be thinking, if he’s not guilty, why hasn’t he walked out these doors behind me and spoken to media?...

Download a PDF of Decision No. 1993-095:Curran and Television New Zealand Ltd - 1993-095 PDF676. 46 KB...

Download a PDF of Decision No. 1993-160:Te Okoro Joseph Runga and Television New Zealand Ltd - 1993-160 PDF753. 81 KB...

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

The Authority has not upheld a complaint that a promo for Love Island USA, broadcast during an episode of America’s Got Talent, breached the offensive and disturbing content and children’s interests standards. While Love Island USA is rated 16-LC, the Authority found the promo’s content was consistent with the G classification for America’s Got Talent. Any content that may have been viewed by some audience members as potentially suggestive or sexual was brief and inexplicit, and child viewers were unlikely to be unduly alarmed or distressed by the promo. Not Upheld: Offensive and Disturbing Content, Children’s Interests...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-160 Dated the 21st day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SIEGFRIED BAUER of Raetihi Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...