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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-075 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KNIGHTS OF THE SOUTHERN CROSS Napier Branch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-166 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARY KENNEDY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

ComplaintSpace – interview with two female porn actors – promoted their profession and business interests – no information about full activities of interviewees – unbalanced – abusive and objectionable language in complainant’s final comment FindingsStandard G6 – decline to determine This headnote does not form part of the decision. Summary [1] Two visiting female porn actors were interviewed on Space, broadcast on TV2 between 10. 25pm and midnight on 9 November 2001. The questions focused mainly on how they became involved in the industry, and one of the interviewees asked viewers interested in entering the industry to contact them. [2] Phillip Smits complained to Television New Zealand Limited, the broadcaster, that the interview was unbalanced as no one spoke about the degrading aspects of the industry....

ComplaintSunday – Hormone Replacement Therapy (HRT) – results of Women’s Health Initiative reported (WHI) – complainant participated in item as representative of WISDOM – item included minimal scientific facts – potentially frightening – confusing – unbalanced FindingsStandard 4 – purpose of item to pose questions about use of HRT – no uphold Standard 5 – while further information would have been useful, material presented not inaccurate – no uphold Standard 6 – complainant’s views advanced – no uphold This headnote does not form part of the decision. Summary [1] The potential health risks of Hormone Replacement Therapy (HRT) were examined during an item broadcast on Sunday on TV One at 7. 30pm on 4 August 2002....

ComplaintReel Life: The Truth about Lesbian Sex – documentary examining lesbian sex – indecent – offensive FindingsStandard 1 and Guideline 1a – context – majority – no upholdThis headnote does not form part of the decision. Summary [1] Reel Life: The Truth about Lesbian Sex was a documentary broadcast on TV One at 9. 30pm on Wednesday 2 July 2003. The programme examined lesbian sex, focussing on lesbian relationships. [2] Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the item showed scenes of a sexual nature which breached the standard of good taste and decency. [3] Mr Tod’s complaint to TVNZ maintained that the demonstration of sexual aids, combined with the explicit instruction on the performance of several sexual acts, was appalling and indecent. Mr Tod also stated that the programme inappropriately encouraged lesbian sex as an exciting and viable alternative to heterosexual sex....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989One News – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfairFindings Standard 3 (privacy) – no identification of current owner of house – not upheld Standard 6 (fairness) – current owner not referred to in item – not upheld This headnote does not form part of the decision. Broadcast [1] An item which reported developments following an accusation of rape by Louise Nicholas against three policemen was broadcast on One News on 31 January at 6. 00pm. The item included shots of the former police house where the rapes were alleged to have occurred....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about dispute between two local councils in Manawatu region – stated that “Horizons Regional Council is taking Palmerston City Council to Court because it says the city is polluting the Manawatu River with sewage” – out-of-focus image of cattle grazing was displayed during the introduction to the item – allegedly in breach of accuracy and discrimination and denigration standards FindingsStandard 5 (accuracy) – image of cattle was blurry and difficult to discern – was used as visual wallpaper for introduction to item relating to pollution in rivers – image was not related to the item, but the item made it clear the focus was on pollution from sewage so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – farmers are not a section of the community to which the standard applies – not upheld This…...

ComplaintOne News – comment in both headlines and item – kick up the arse – political meeting – offensive language FindingsStandard G2 – no tape of headlines – decline to determine; comment in item acceptable in context – no uphold This headnote does not form part of the decision. Summary The contest for the presidency of the National Party was dealt with in an item on One News broadcast at 6. 00pm on 6 May 2001. The item reported on the voting at a regional conference, with one delegate saying that "the party needs a good kick up the arse". The remark was also included in the opening headlines for One News. Don Campbell complained to Television New Zealand Ltd, the broadcaster, that the opening headline and the item containing that expression failed to meet standards of good taste and decency....

Complaint under section 8(1A) of the Broadcasting Act 1989 Breakfast – news items discussed identity of a deceased teenager, despite being informed in the programme that police were not releasing the deceased’s name in accordance with a request from his family – disclosure of deceased’s identity allegedly in breach of his family’s privacy FindingsStandard 3 (privacy) – deceased’s family identified through their connection with him – no private facts revealed because deceased’s identity had already been disclosed on social networking sites so was in the public realm, even if not officially confirmed by police – broadcaster took steps, as soon as reasonably practicable, to ensure the deceased was not named again in the programme – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-045:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-045 PDF388. 04 KB...

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989 1. Holmes – 18 and 19 November 2003 – complainant director of Network Visas NZ Ltd – in dispute with 13 Romanian students – complainant’s home shown on item as location where business operated from – not company’s registered office – complainant given inadequate opportunity to respond – a number of factual inaccuracies – allegedly unbalanced, inaccurate and unfair 2. Holmes – 18 November 2003 – complainant’s home shown on item as location where business operated from – after broadcast, complainant visited by landlord – complainant’s wife who operates beauty business from the address felt intimidated – alleged breach of privacy 3....

ComplaintMotorway Patrol and promo – incident involving the complainants’ vehicle – complainants identifiable – breach of privacy – unfair – encouraged discrimination FindingsStandards 3 – privacy – no uphold Standard 6, Guideline 6b – not unfair to inadvertent participants who do not consent as events of public interest occurred in public place – no uphold, Guideline 6f – humiliation self-inflicted – no uphold, Guideline 6g – neither discrimination or denigration encouraged – no uphold This headnote does not form part of the decision. Summary [1] The loss of a trampoline off the roof of a vehicle as it drove across the Auckland Harbour Bridge was the incident dealt with in a promo for, and in the first segment of, Motorway Patrol broadcast on TV2 at 7. 30pm on 11 April 2002. Motorway Patrol is a reality series which records the work of police patrols on the Auckland motorways....

ComplaintHolmes – interview with Probation Services Manager – conduct of the interviewer – biased – unfair Findings Standards 4 and 6 – live interview – not unbalanced – interviewee presented viewpoint – dealt with fairly – no uphold This headnote does not form part of the decision. Summary [1] An interview with the Manager of the Probation Service was broadcast on Holmes on TV One at 7. 00pm on 13 February 2003. The interview centred around the release of a report by the Probation Service regarding its management of an offender while on parole. [2] John Blackaby complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and that the interviewee had been dealt with unfairly, because of the "bully-boy" conduct of the presenter....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – visit to Wellington by Prince Charles – two topless women protesters shown – allegedly in breach of good taste and decency and children’s interestsFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 8 March 2005 reported on the visit to Wellington by Prince Charles. The item included a public function which had been disrupted by two women protesters, both of whom were topless. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had not maintained standards consistent with the observance of good taste and decency or children’s interests....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Exposé: Prostitution – After the Act – documentary looking at the effect of the Prostitution Reform Act on the sex industry – allegedly in breach of law and order, balance and accuracyFindingsStandard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to illegal acts – not upheld Standard 4 (balance) – item provided a range of views on the controversial issue – not upheld Standard 5 (accuracy) – no inaccuracies – not upheldThis headnote does not form part of the decision. Broadcast [1] Exposé: Prostitution – After the Act was a documentary broadcast on TV One at 8. 30pm on 29 September 2005. The programme examined the way in which the Prostitution Reform Act (PRA) had affected the sex industry in New Zealand. The introduction stated: In June 2003, prostitution was decriminalised....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Breakfast – item about Government surplus – phrase “slush fund” used in reference to Government surplus – allegedly inaccurate and inappropriate as it suggested corruption on part of the GovernmentFindings Standard 5 (accuracy) – in context phrase is accepted colloquial expression to describe discretionary funds – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Breakfast on TV One 26 May 2004 dealt with the issue of the Government surplus and the 2004 budget process. The reporter referred to the surplus as a “slush fund. ” Complaint [2] Mike Frawley complained to Television New Zealand Ltd, the broadcaster, regarding the use of the term “slush fund. ” Mr Frawley, citing the Shorter Oxford Dictionary, said that the term “slush fund” raised perceptions of “bribery or illicit political activities....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – satirical item reported on marketing strategy to enhance Palmerston North’s image as a visitor destination – included file footage of clock tower and other buildings – footage taken prior to $24 million redevelopment – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – file footage was extremely brief – not a material point of fact – would not have misled viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A satirical item on Close Up, broadcast on TV One at 7pm on Friday 1 October 2010, entitled “Worst Town”, reported on an initiative by Palmerston North City Council to improve the city’s image by marketing its top seven destinations. The presenter introduced the item as follows: You remember comedian [name] branded it ‘suicide capital of New Zealand’....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....