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The Authority has upheld a complaint that an item on Sunday, featuring a family who complained to the Health and Disability Commissioner (HDC) about allegedly inadequate maternity healthcare following the death of their baby, breached the fairness and privacy standards. The Authority found it was unfair to name the complainant, HV, as the consultant obstetrician on the case prior to the HDC completing its investigation or making any findings. Singling out HV in this way had the effect of predetermining an adverse conclusion about their responsibility (whether or not that was the broadcaster’s intention), and the complainant was not informed about the proposed broadcast or given an opportunity to respond or mitigate any reputational impact. On privacy, the Authority found the fact HV was subject to an HDC complaint was information about which the complainant had a reasonable expectation of privacy....

Summary[This summary does not form part of the decision. ]An episode of I Am Innocent focused on the story of Y, a science teacher, who was accused and charged with indecently assaulting a female student (‘X’) in 2012. The charges against Y were withdrawn around August-September 2013. The episode featured interviews with Y and others, all of whom spoke supportively about him. Ms Johnson complained that the broadcast breached broadcasting standards, including that comments made during the programme about X and her mother resulted in their unfair treatment. The Authority upheld this aspect of Ms Johnson’s complaint, finding that the programme created a negative impression of X and her mother....

The Authority upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb. It featured an interview with a resident reported as being ‘too scared to be identified’. Close-up footage, including a side-on view of part of her face (unblurred), revealed her demographic, gender, the length and colour of her hair, voice, profile of her nose, clothes, watch, a distinctive ring and the side of her glasses. The Authority found these features enabled identification of the interviewee beyond family and close friends. Their disclosure would be highly offensive to an objective reasonable person in her position, given she participated on the understanding she would not be identified. The Authority was not persuaded the defence of informed consent applied to the breach of the woman’s privacy....

Summary [This summary does not form part of the decision. ] An item on Seven Sharp featured the story of a terminally ill woman who is a long-standing voluntary euthanasia campaigner. The item also discussed the history of attempts to legalise voluntary euthanasia in New Zealand and overseas. The Authority upheld a complaint that the item lacked balance. The item did not solely approach voluntary euthanasia from the personal perspective of the interviewee. It included a wider discussion of the voluntary euthanasia debate and law reform that triggered the requirement for presentation of alternative views, which were not presented within the programme or within the period of current interest. Upheld: Controversial Issues No Order  Introduction [1] An item on Seven Sharp featured the story of a terminally ill woman who has been a voluntary euthanasia campaigner for the last two decades....

Summary[This summary does not form part of the decision. ]ONE News reported on the recent death of a woman in Remuera and said her alleged attacker (who had name suppression) had appeared in the Auckland District Court that day. The reporter described the alleged attacker as a ‘24-year-old Pacific Island man’. The Authority did not uphold a complaint that the reference to the alleged attacker’s race was offensive and racist. The Authority acknowledged that the reporter’s commentary, which included racial identification, could be seen as unnecessary given that the ethnicity of the alleged attacker was no longer critical following his arrest. However, the reporter’s description of the man was factual, and the comments did not reach the high threshold for finding that the item encouraged discrimination against, or denigration of, Pacific Islanders as a section of the community....

Download a PDF of Decision No. 1991-061:McClure and Television New Zealand Ltd - 1991-061 PDF288. 36 KB...

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....

Download a PDF of Decision No. 1991-013:Robertson and Television New Zealand Ltd - 1991-013 PDF...

Download a PDF of Decision No. 1993-159:Greenpeace New Zealand Inc and Television New Zealand Ltd - 1993-159 PDF1. 53 MB...

Download a PDF of Decision No. 1992-024:Sharp and Television New Zealand Ltd - 1992-024 PDF337. 02 KB...

The Authority has upheld a complaint that an episode of 20/20 aired on free-to-air television on a Sunday at 9am, detailing serial killer Ted Bundy’s crimes, motivations, and background, breached the children’s interests and programme information standards. The Authority noted that the broadcast presented in detail some potentially distressing and disturbing content, and themes including sexual violence and perversion, murder, and abduction, without any audience advisory or warning for this content. Additionally, the Authority considered the content and themes were suited for broadcast during the M timeband (suitable for a mature audience), rather than during PG time (which indicated the content was not necessarily unsuitable for child viewers under adult supervision). Viewers were not given sufficient information or signposting about the programme’s likely content to enable them to make informed choices about whether they, or children in their care, should view the broadcast....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-021 Decision No: 1996-022 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WINTON ALLEN of Lower Hutt and A G T WANE of Warkworth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary[This summary does not form part of the decision. ]The Authority has declined to determine a complaint that an interviewee’s reference to ‘the Queen of England’, during an episode of Waka Huia, was inaccurate and discriminatory towards those in the United Kingdom who were not English. The complainant has previously referred a number of complaints about this issue to the Authority, which were either not upheld, with comprehensive reasons given for the Authority’s decision, or which the Authority declined to determine. The complainant’s appeal of a previous decision to the High Court on a similar issue was also dismissed. The Authority therefore declined to determine the complaint under section 11(a) of the Broadcasting Act 1989, on the grounds that it was trivial and vexatious....

Summary[This summary does not form part of the decision. ]A promo for Aquarius, shown during Seven Sharp, included a brief shot of a partially clothed injured male character surrounded by female characters tending his wounds. The Authority did not uphold a complaint that the ‘sexualised’ promo was inappropriate for a time when children could be watching television. The promo did not depict any sexual activity or full nudity, and the shot complained about was fleeting and indistinct. The content was consistent with expectations of a PGR classification and the host news and current affairs programme, and any child viewers would have likely been supervised by adults. Not Upheld: Good Taste and Decency, Responsible Programming, Children’s InterestsIntroduction[1] A promo for Aquarius, shown during Seven Sharp, included a brief two-second shot of a partially clothed injured male character surrounded by female characters tending his wounds....

Summary[This summary does not form part of the decision. ]An item on Sunday exposed the alleged mistreatment of bobby calves by some members of the dairy industry in the Waikato region. The Authority did not uphold a complaint that the item was an unbalanced and inaccurate depiction of dairy farming, and breached a number of other broadcasting standards. The Authority found the item was sufficiently balanced, as the perspective of the dairy industry was given both within the item and within the period of current interest. The item was not inaccurate or misleading in the ways alleged by the complainant; rather, it focused on instances of bad practice within the dairy industry and did not suggest these were commonplace. Furthermore, the item did not breach the privacy of a local farming family, as they were not identifiable or otherwise referred to in the footage....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item contained graphic of sign “For Sale, NZ SOEs” – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – graphic displayed in the introduction was not a “material point of fact” – given the extensive coverage on the Government’s proposed partial asset sales, viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the continuing debate over who owns New Zealand water, as part of the wider discussion about the Government’s proposal to sell state-owned enterprises (SOEs). A graphic of a sign saying, “For sale, NZ SOEs” was displayed behind the newsreader during the 18-second introduction to the item. The item was broadcast on TV One on 10 July 2012....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on vandalism at Horowhenua Rowing Club – included footage of the complainant verbally abusing a kayaker, and interview with complainant – allegedly in breach of broadcasting standardsFindingsStandard 6 (fairness) – item suggested that the complainant may have been responsible for the vandalism – however, the complainant was provided with a fair and reasonable opportunity to rebut that suggestion and the reporter made it clear that no one had been charged for the vandalism – the complainant explained his behaviour as depicted in the footage – use of the term “uncle” to link the complainant and a young rower would not have changed viewers’ impression of the complainant or the situation – reference to assault conviction was correct at the time of broadcast – overall, complainant treated fairly – not upheldStandard 5 (accuracy) – use of the term “uncle”…...

ComplaintReel Life: The Truth about Lesbian Sex – promos – comments made by several women in the first promo – people examining sexual devices in the second promo – broadcast 5. 45pm and 10. 24pm respectively – offensive FindingsStandard 1, Guideline 1a – context – no upholdStandard 7, Guideline 7b – classification of promos correct – majority – no uphold Standard 9, Guideline 9a – broadcaster mindful of child viewers – majority – no uphold This headnote does not form part of the decision. Summary [1] Two promos, broadcast on TV One at 5. 45pm and 10. 24pm respectively, advertised an upcoming documentary, Reel Life: The Truth About Lesbian Sex. The first promo portrayed several women talking about their sexual practices. The second promo showed different sexual devices being examined by various people....

ComplaintHavoc and Newsboy’s Sellout Tour – The Victory Lap – complainant shown blindfolded opening oysters at Bluff Seafood Festival – comments from Newsboy suggested he was drunk or had been taking drugs – inaccurate – unfair – defamatory FindingsStandard 6 – satirical series – festival and activities lampooned – complainant identifiable – reputation as oyster shucker not impugned – not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Richard Lee Kahukura was featured opening oysters while blindfolded at the Bluff Seafood Festival in an episode of the satirical series Havoc and Newsboy’s Sellout Tour – The Victory Lap broadcast on TV2 at 10. 00pm on 9 July 2002. [2] Mr Kahukura complained to Television New Zealand Ltd, the broadcaster, that the comments during the broadcast made by Newsboy, suggesting that he was drunk and drugged, were inaccurate, unfair, and defamatory....