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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 3/95 Dated the 24th day of January 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JUDITH MACKENZIE of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 41/95 Dated the 29th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

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...

SummarySuper Liquor Sportsnight is broadcast each Monday evening on TV One at 10. 00pm for an hour. On behalf of the Group Against Liquor Advertising (GALA), Mr Cliff Turner complained to Television New Zealand Ltd, the broadcaster, about the programme broadcast on 28 September 1998. He maintained that the number of times the Super Liquor logo was screened breached the broadcasting standards relating to the Promotion of Liquor. Acknowledging that the use of the logos exceeded the criteria set out in the guidelines to the standards, TVNZ upheld the complaint. It had occurred, it continued, because of a misunderstanding of the standards by the programme makers, and now steps had been taken to ensure the guidelines were complied with. Dissatisfied with the action taken by TVNZ when it upheld the complaint, Mr Turner on GALA’s behalf referred the complaint to the Broadcasting Standards Authority under s....

Summary Twenty four references to liquor were included in Super Liquor Sportsnight which was broadcast on TVOne between 10. 30–11. 30pm on 5 July 1999. On behalf of the Group Against Liquor Advertising (GALA), the Complaints Secretary (Cliff Turner) complained to Television New Zealand Ltd, the broadcaster, that the broadcast contravened the guideline which set a limit of references to liquor in an hour long programme to 20. Accordingly, he wrote, the broadcast breached the standard which required that the saturation of liquor promotions be avoided. Acknowledging that 24 liquor promotions had been broadcast, at least in some regions, TVNZ upheld the complaint. Nevertheless as some of the references were brief and would not have given the impression that liquor promotions were preponderant, TVNZ declined to take any further action....

This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

ComplaintHolmes – bargain priced Persian rugs – false statements – implied discounts not genuine Findings(1) Standard G1 – no express or implied inaccuracy – no uphold (2) Standard G4 – no implication of fraudulent misrepresentation – no unfairness to complainant or its director – no uphold (3) Standard G6 – reasonable opportunity given for comment – no uphold This headnote does not form part of the decision. Summary An item on Holmes broadcast on TV One at 7pm on 22 November 1999 featured Persian rugs sold by SilkRoutes Artifacts and Carpets Ltd. It was reported that rugs sold by SilkRoutes were advertised as "massively discounted". Customer concerns about the value of the rugs were raised, in particular by the purchasers of a Qum rug. SilkRoutes, through its solicitor, complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate, unbalanced, inflammatory and unfair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Liam – promo for AO-classified film broadcast during G-rated cooking show – allegedly in breach of standards relating to good taste and decency, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – promo was correctly classified – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the AO-rated film Liam was broadcast on TV One on Thursday 18 November 2010 during Masterchef Australia, a reality cooking show which was rated G and screened at 4. 55pm. The 33-second promo consisted of a montage of scenes involving a young boy....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sex and Lies in Cambodia – documentary about New Zealand man jailed in Cambodia for the rape of five teenage girls – interviewed a Swiss man who was assisting with the case and who had been accused but acquitted of similar crimes – filmed man with a hidden camera – allegedly in breach of privacy and unfairFindings Standard 3 (privacy) and privacy principle 3 – broadcast of hidden camera footage in breach of privacy principle 3 – no public interest in the footage – upheldStandard 6 (fairness) – man treated unfairly by broadcast of hidden camera footage – upheldOrder Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $500 Section 16(4) – payment of costs to the Crown $5,000. 00 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about rescue helicopter trip to Raoul Island following volcanic eruption – one DOC worker missing – member of rescue team commented that supplies included a body bag – complaint that reference to body bag was hurtful to missing worker’s family and item allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – news item dealt with reality of situation – not upheldThis headnote does not form part of the decision. Broadcast [1] The organisation of a rescue team to fly to Raoul Island to search for a missing Department of Conservation staff member, following a volcanic eruption, was dealt with in an item on One News broadcast on 17 March 2006 beginning at 6. 00pm. The logistics of the helicopter flight were covered as was previous volcanic activity on the island....

ComplaintAssignment Special – investigation of scampi fishing industry – allegations of corruption – complainants’ application for production of documents and affidavits FindingsApplication Order made under s. 12 OrderOrder made for broadcaster to produce certain affidavits to Authority This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Claims made in Parliament and by some of the participants in the scampi fishery that the Ministry of Fisheries was corrupt and condoned corruption in the scampi industry were investigated in an Assignment Special. The programme was broadcast on TV One between 8. 30–10. 00pm on 29 October 2002. [2] Simunovich Fisheries Ltd and two of its directors, Peter Simunovich and Vaughan Wilkinson, participants in the scampi fishing industry, complained to Television New Zealand Ltd, the broadcaster, that the broadcast breached broadcasting standards relating to balance, accuracy and fairness....

ComplaintSix Feet Under – male nudity – breach of good taste and decency – broadcaster not mindful of the effect on teenagers FindingsStandard 1 – contextual matters – no uphold Standard 9 – not relevant – 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 23 April 2002 at 9. 40pm on TV One included a scene with a full frontal view of a naked man. [2] Graham Jacobsen complained to Television New Zealand Ltd, the broadcaster, that the scene was too explicit, was not excused by the broadcast of a warning, and breached standards relating to teenager’s viewing interests....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promos for Nothing Trivial – broadcast during Emmerdale – contained comments, “one guy who’s in serious need of a root” and, “when your husband can’t keep his dick in his pants” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – Emmerdale aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Emmerdale – not upheld This headnote does not form part of the decision. Broadcasts [1] Two promos for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, were broadcast on 1 and 5 July 2011 on TV One between 12. 30pm and 1. 30pm, during Emmerdale which was rated PGR....

ComplaintHavoc and Newsboy’s Sell Out Tour 2 – allegations about public relations companies – offensive language – inaccurate – unbalanced, biased and unfair FindingsStandard G1 – subsumed Standard G2 – no uphold Standard G4 – serious allegations made – no acknowledgment that they were contestable – uphold Standard G6 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary A sequence broadcast during the satirical programme Havoc and Newsboy’s Sell Out Tour 2 on TV2 on 15 August 2000 beginning at 9. 30pm, contained an interview with political activist Nicky Hagar. Mr Hagar made a number of claims about the public relations industry. Among references to various public relations companies, Mr Hagar named Hill & Knowlton, an international company operating in New Zealand, as being responsible for putting a favourable spin on America’s involvement in the Gulf War....

ComplaintDocumentary New Zealand: "To Age or Not to Age" – misleading – adverse health outcomes possible – unbalanced – broadcaster (TVNZ) upheld balance complaint – not impartial – broadcaster investigating commissioning possible documentary on dieting and ageing in 2002 – action taken insufficient FindingsImportant information contained in programme – action taken insufficient OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] "To Age or Not to Age" was the title of the documentary broadcast by TV One at 8. 30pm on 30 July 2001 in the weekly documentary time slot. Using a number of medical criteria, the programme set out to measure the effectiveness of the approaches promoted by Leslie Kenton for staying healthy and feeling younger....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item featured a man who had deliberately driven his car into the reception of the IRD’s Christchurch building following an employment dispute – reporter stated that “he describes himself as a paranoid and a depressive” – allegedly in breach of privacy FindingsStandard 3 (privacy) – person’s mental health status normally considered a private fact – interviewee disclosed fact to reporter – no reasonable expectation of privacy – 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 19 August 2009, reported that a man had deliberately driven his car through three glass doors into the reception of the IRD’s offices in Christchurch....

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Unauthorised History of New Zealand – cartoon involving “King Dick” who ejaculated onto the face of a Chinese character – allegedly in breach of good taste and decency. Findings Standard 1 (good taste and decency) – cartoon satirised anti-Asian views of former Prime Minister – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history. In an episode broadcast on TV One at 10. 30pm on 20 July 2008, the programme reviewed past Prime Ministers of New Zealand, including Robert Muldoon and Michael Savage, also mentioning Helen Clark (the then Prime Minister) and John Key (the National Party leader)....