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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-121 Decision No: 1996-122 Dated the 19th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by P G CURRAN of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 121/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS MORGAN of Kihikihi Broadcaster TELEVISION NEW ZEALAND LIMITED J R Morris (Acting Chairperson) L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 31/95 Dated the 11th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GROUP OPPOSED TO ADVERTISING OF LIQUOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

The Authority has not upheld a complaint that an interview between Indira Stewart and Hon Judith Collins as part of Breakfast’s ‘weekly check-in’ with the Leader of the Opposition breached the balance and accuracy standards. While acknowledging the robust and heated nature of the interview, the Authority found that as the segment was an interview with the Leader of the Opposition, and provided her with the opportunity to respond at length, the balance standard was not breached. Further, while the complainant considered Stewart’s line of questioning and comments to be uninformed and inaccurate, the Authority found that these were not ‘statements of fact’ to which the accuracy standard applied. Not Upheld: Balance and Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 87/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LESLIE GEE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

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’....

ComplaintHolmes – Employment Relations Bill – unbalanced – unfair FindingsStandard G6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary The introduction of the Employment Relations Bill was the subject discussed on Holmes broadcast on TV One on 14 March 2000 beginning at 7. 00pm. The Minister of Labour, a trade union representative, an employer representative and the Opposition spokesperson debated some of the issues. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the discussion simplified the highly complex legislation so much that many important concepts, such as collective bargaining, had not been explained. Furthermore, he complained that the participants had not received equal time. TVNZ responded that it did not believe the absence of an explanation about collective bargaining was a breach of broadcasting standards....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – street march through Auckland – topless protester shown – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – context – no warning required – 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 5 March 2005 showed a street march through Auckland that day in support of “family values”. A topless woman was among those shown protesting against the views expressed by the marchers. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had breached standards of good taste and decency and children’s interests....

ComplaintHow’s Life? – one panellist said to have encouraged people aged 13–14 years to have sex and to ignore parents and the law – complaint that comments offensive and unfair to children. Findings Panellist said questioners were responsible in seeking advice – did not encourage lawbreaking – suggested seeking parental advice – other panellists said that questioners should not have sex Standard 1 – not upheld Standard 2 – not upheld Standard 9 – not upheldThis headnote does not form part of the decision Summary [1] How’s Life? , which was broadcast each weekday on TV One at 5. 30pm and repeated at 9. 00 the following morning, featured a panel of local celebrities who answered questions about human relationships submitted by viewers. The programme broadcast at 9. 00am on 29 September 2003 considered a question from two young teenagers who asked whether they should have sex....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – reported on case of Sean Davison who faced charges for assisting his mother’s suicide – Mr Davison was shown in court and the complainant in his capacity as a Corrections Officer was briefly visible as he walked behind Mr Davison in the dock – allegedly in breach of privacy, fairness and discrimination and denigration standards FindingsStandard 3 (privacy) – complainant was identifiable – item did not disclose any private facts about the complainant – not upheld Standard 6 (fairness) – footage of complainant was extremely brief – information disclosed did not create an unfair impression of the complainant or cause damage to his reputation or dignity – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – nothing in the item encouraged discrimination or denigration against any section of the community – not upheld This headnote…...

This decision was successfully appealed in the High Court and sent back to the BSA to rehear: AP 99/01 PDF369. 72 KBComplaintLoud overreaching advertisements in religious programmes broadcast on Christmas Eve – breach of good tasteFindingsG2 – presence and type of advertising not an issue of broadcasting standards – decline to determineThis headnote does not form part of the decision. SummaryThe programmes screened on TV One between 10:15pm and midnight on Christmas Eve included carols, Christmas music and Bible readings. John Watson complained to Television New Zealand Ltd, the broadcaster, that it was offensive for the commercial breaks during these programmes to feature Boxing Day bargains and an exhortation to end prostitution. Questioning whether the complaint raised a matter of broadcasting standards, TVNZ said that it was, by law, a commercial organisation....

ComplaintThe Chimp Channel – animals trained to perform unnatural behaviours – bad taste – bad effect on children – insensitive FindingsStandard G2 – not in bad taste – no uphold Standard G12 – broadcaster apparently mindful of children – no uphold Standard V17 – animals not humiliated or badly treated – no uphold This headnote does not form part of the decision. Summary The Chimp Channel was screened weekly on TV2 at 5. 30pm on Saturdays. It was a comedy series set in a television studio in which most of the actors were animals. Melanie Vivian complained to Television New Zealand Ltd, the broadcaster, that it was contrary to animal welfare for animals to be trained to perform "unnatural behaviours"....

ComplaintHolmes – host referred to the WestpacTrust Stadium as the "cake tin" – derogatory phrase – offensive FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The WestpacTrust Stadium in Wellington was referred to as the "cake tin" by the host (Susan Wood) in an item broadcast on Holmes at 7. 00pm on 7 February 2003. [2] John McLellan complained to Television New Zealand Ltd, the broadcaster, that the reference was "derogatory". [3] When the broadcaster failed to respond to his formal complaint, Mr McLellan referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. [4] In its response to the Authority, TVNZ argued that the matter did not raise an issue of broadcasting standards....

This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Two items broadcast on One News in respect of the Israeli-Palestinian conflict – no mention of occupation by Israel – West Bank described as “disputed” – allegedly unbalanced and inaccurateFindingsAuthority has no jurisdiction to accept referralThis headnote does not form part of the decision. Broadcast [1] One News broadcast two items at 6pm on Monday 23 May 2005. The first item covered United States’ First Lady Laura Bush’s visit to Jerusalem, where the report noted she visited “Jericho, on the disputed West Bank”. [2] The second item covered a visit by President Sharon of Israel to the United States, where he encountered opposition from Jewish groups to the planned withdrawal from Gaza by Israel. Correspondence [3] Serena Moran, on behalf of the Wellington Palestine Group, complained to Television New Zealand Ltd, the broadcaster, in respect of both items....

ComplaintHolmes – Waitara shooting – interview with witness – anti-police – unbalanced – partial – prejudice to fair hearing FindingsStandard G6 – eyewitness account necessarily focused on one perspective – balance achieved over time – no uphold Standard G19 – no uphold This headnote does not form part of the decision. Summary A witness to the shooting of a young man by a policeman in Waitara was interviewed in an item on Holmes broadcast on 17 July 2000 between 7. 00–7. 30pm. The item recorded that there was some discrepancy between what the eyewitness had told the police immediately after the incident and his statement to a private investigator some days later. Martyn Stewart complained to Television New Zealand Ltd, the broadcaster, that the item was an "emotive display of pure sensationalism" which would have incited the public to be biased against the police....

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item reported on an Auckland homicide – showed victim’s wife and three teenage children being driven away in police car – allegedly in breach of privacy Findings Standard 3 (privacy) – footage of police car was taken in a public place – victim’s family likely vulnerable but disclosure of footage not highly offensive – not upheld This headnote does not form part of the decision. Broadcast [1] On One News, broadcast on TV One at 6pm on 26 September 2008, it was reported that a man had been stabbed and killed in Auckland. In the following item, One News reported from the suburb in which the man lived and interviewed one of his work colleagues, a man who witnessed the incident, and a member of the Auckland Police....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about a 10-year-old child who had taken his mother’s car for a joyride – child interviewed while sitting in the driver’s seat – showed child sitting in the driver’s seat of the car alone and rolling down the driveway at his house – allegedly in breach of law and order and children’s interests Findings Standards 2 (law and order) and 9 (children’s interests) – item did not encourage adult target audience to break the law or otherwise promote, condone or glamorise illegal behaviour – clearly illustrated the boy’s actions were dangerous and illegal – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item examined attitudes of “boy racers” in Christchurch and the efforts by police to curb their activities – allegedly inaccurate FindingsStandard 5 (accuracy) – item focused on the “boy racers” and their attitudes – did not purport to examine the issue from residents’ perspective – clear from the item that “boy racer” activities were noisy and disruptive – also stated that police were outnumbered and struggling to contain the problem – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 31 May 2009 reported on the ongoing problem of “boy racers” in Christchurch and efforts by police to curb their activities....