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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host read out an email from the complainant – pronounced complainant’s last name incorrectly – host made comments responding to the complainant’s email – allegedly in breach of privacy FindingsStandard 3 (privacy) – complainant not identifiable – people who provide feedback cannot expect anonymity – not upheld This headnote does not form part of the decision. Broadcast [1] During a Breakfast segment called “On This Day”, broadcast on TV One at 6. 45am on 24 June 2009, the host referred to the “Jakarta incident” saying: On this day in 1982, a British Airways Boeing 747 en route from London to Auckland lost power in all four engines when it flew into volcanic ash off Indonesia. The pilots managed incredibly to glide the plane through the cloud of ash before restarting the engines and landing safely....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989What Now? – “Grossology” episode – presenters discussed people who pick their noses and eat it and don’t share it with others – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – typical children’s humour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the children’s programme What Now? , broadcast on TV2 from 8am to 10am on Sunday 11 November 2007, was entitled the “Grossology” episode. It featured “heaps of gross things. . . disgusting things. . . like bogies. . . and bodily functions”. [2] During the episode, What Now? presenter Charlie talked to a character “Chuck Chunks” about how to get back at another presenter for playing gross practical jokes on him....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on the England rugby team’s tour of New Zealand – correspondent made disparaging remarks about the efforts of the English team – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – standard not primarily aimed at the type of material complained about – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 22 June 2008, presented a round-up of the English rugby team’s tour of New Zealand. The item began with a One News rugby correspondent detailing which members of the New Zealand rugby team had been injured during the tour and the problems the team was facing....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

An appeal against this decision was dismissed in the High Court: CIV 2003-485-2658 PDF1. 96 MBComplaintOne News – item about children kidnapped by "Lord’s Resistance Army" in Uganda – raped – tortured – forced to murder – unsuitable for children at that hourFindingsStandard 9 and Guidelines 9a, 9c and 9e – majority – children treated badly – upholdStandard 10 and Guideline 10g – majority – warning necessary in view of violent, disturbing and alarming material – upholdNo OrderThis headnote does not form part of the decision. Summary[1] The brutality suffered by the children kidnapped by the self-styled Lord’s Resistance Army in Uganda was dealt with in an item broadcast on One News, beginning at 6. 00pm on Saturday 5 July 2003. It was reported that as many as 20,000 children had been kidnapped over a period of 17 years and had been tortured, mutilated, raped or forced to kill....

ComplaintsShortland Street – character with bipolar disorder – portrayed as obsessive, delusional and violent – inaccurate – unfair – stereotyping FindingsStandard G1/Standard 5 – fiction – not applicable Standard G6/Standard 4 and Guideline 4a – fiction – not applicable Standard G13/Standard 6 and Guideline 6g – no discrimination – dramatic work – no uphold Standard G20/Standard 4 and Guideline 4b – fiction – not applicable Standard G21/ Standard 5 and Guideline 5a – fiction – not applicable This headnote does not form part of the decision. Summary [1] A storyline about a character with bipolar disorder ("Jack Hewitt") screened during episodes of Shortland Street broadcast on TV2 at 7. 00pm on weeknights from 3 December to 14 December 2001 and on 21 January 2002. During these episodes, "Jack" attempted to kill "Chris Warner", kidnapped "Rachel McKenna" and then committed suicide....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Coke Countdown – Top 40 music video clips – allegedly sexually explicit and in breach of good taste and decency, fairness and children’s interestsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – denigration requires a high threshold – no denigration of women – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interest of child viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] Coke Countdown was broadcast on TV2 on Sunday 8 May 2005 from 10am to 12 noon. [2] The programme was a Top 40 show, featuring the most popular hit songs of the week. The fourth spot in the line up featured the song “Candy Shop” by hip hop artist 50 Cent, and featured female vocalist Olivia....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Is Your House Killing You? – featured family in Queensland – father had used a substantial amount of timber treated with Copper Chrome Arsenate (CCA) for landscaping and decking – programme stated that exposure to the chemicals in CCA-treated timber could cause serious health effects – allegedly in breach of controversial issues and accuracy standards FindingsStandard 5 (accuracy) – broadcaster made reasonable efforts by relying on scientific experts – mostly expert opinion – not upheld Standard 4 (controversial issues – viewpoints) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Is Your House Killing You? was broadcast on TV One at 8pm on Friday 11 December 2009....

Complaints under section 8(1)(c) of the Broadcasting Act 1989 Holmes – two items about allegations of sexual abuse against former church worker – described in second item as “sexual monster” – named and photographs shown – alleged breach of privacy – second item included recent footage of church worker allegedly taken without permissionFindings Standard 3 (Privacy) and Guideline 3a – Privacy Principles (i), and (iv) – disclosure was a breach of privacy principle (i) but justified in the public interest – not upheld Standard 3 (Privacy) and Guideline 3a – Privacy Principles (iii) – footage of man taken from public place – not upheld This headnote does not form part of the decision. Broadcast [1] Allegations of sexual abuse by the former supervisor at an orphanage run by the Presbyterian Church in the 1970s were made in items on Holmes broadcast on TV One at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

ComplaintHolmes – studio discussion about Police Education Child Protection Scheme – bullying tactics – unbalanced – biased FindingsStandards G3, G4 and G6 – interviewee given opportunity to voice concerns – dealt with fairly – issue not dealt with in unbalanced manner – no uphold Standard G13 – not relevant This headnote does not form part of the decision. Summary A studio discussion on the Holmes programme, broadcast on TV One at 7. 00pm on 14 November 2000, centred around the controversial Police Education Child Protection Scheme. The scheme encouraged schools to teach even their youngest pupils the names of intimate body parts, and aimed to assist children to talk unashamedly about issues such as unwanted touching. W T Lewis complained to Television New Zealand Ltd, the broadcaster, that the programme was "offensive and biased" because the presenter had "verbally bullied" one of the participants in the studio discussion....

ComplaintOne News – CCS referred to as Crippled Children’s Society – obsolete – discriminatory – inaccurate – unfair FindingsStandard 5 – not inaccurate – no uphold Standard 6 and Guideline 6g – denigration or discrimination not encouraged – no uphold This headnote does not form part of the decision Summary [1] The return to Wellington of night-club entertainer, Carmen, was dealt with during an item on One News broadcast on TV One between 6. 00–7. 00pm on 25 October 2002. The reporter pointed to one building bearing the CCS logo which, he said, had been a brothel and was now used by the Crippled Children’s Society. [2] Russell Vickery, a National Board Representative with NZCCS, complained to Television New Zealand Ltd, the broadcaster, that as the organisation was the New Zealand CCS Incorporated, it was incorrect and unfair to describe it as the Crippled Children’s Society....

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1, Guideline 1a – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 14 May 2002 at 9. 35pm on TV One included a scene of two males having sex in a car park. [2] Rob Hodgkinson complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and unacceptable even for "adult only" viewing. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Hodgkinson referred the complaint to the Broadcasting Standards Authority under s....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Father Ted – alleged crude humour – alleged disgraceful portrayal of Christian leadersFindings Standard 6 (fairness) – Guideline 6g – Father Ted does not encourage denigration of or discrimination against Roman Catholic priests – legitimate work of humour – not upheld This headnote does not form part of the decision. Broadcast [1] Father Ted is a long running British comedy series. A repeat of episodes from the second series screened on TV One on Saturday evenings in November 2003 at 7. 30pm. Television New Zealand Ltd described Father Ted as a series which “makes fun of human foibles through the adventures of a small group of Roman Catholic priests assigned to a remote, fictional island off the coast of Ireland. ” The complainant watched the episodes broadcast on 22 and 29 November....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989North – host used the phrase “buggered it” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – tenth occasion that the complainant has complained about the word “bugger” – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During an episode of North, broadcast on TV One at 7pm on Sunday 27 March 2011, the presenter took a boat trip to Kawau Island. Speaking to the boat’s captain about the history of the island, the presenter said, “I’ve never understood Kawau. It’s always seemed to me that [Governor Sir George Grey] buggered it, you know? All sorts of animals and plants. . ....

Download a PDF of Decision No. 1993-079:Disabled Persons Assembly (New Zealand) Inc (Auckland Central Region) and Television New Zealand - 1993-079 PDF301. 22 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....

Summary[This summary does not form part of the decision. ]Various items on Breakfast featured a weather reporter providing weather forecasts from Airbnb accommodation, as part of a competition for viewers to win Airbnb vouchers. During the items, the reporter interviewed three New Zealanders who rented out their accommodation through Airbnb, as well as an Airbnb representative, about the service. The Authority did not uphold a complaint that these items failed to cover key information about Airbnb, resulting in inaccurate and unbalanced broadcasts that were also in breach of the law and order standard. The items were in the nature of advertorials, being programme content that was not news, current affairs, or factual programming to which the accuracy and balance standards applied....