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SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

Summary The lead story on One Network News on 14 February 1999 at 6. 00pm reported a fatality at Western Springs Speedway in Auckland. Footage of the accident showed a spectacular crash before the driver was flung out, crushed by his car and killed. That footage was repeated during the item. Mr Allison of Nelson complained to Television New Zealand Ltd, the broadcaster, that the footage was offensive, distasteful, and showed a callous disregard for those close to the victim and for all viewers. He objected to its graphic nature and the fact that it was shown without warning during early evening family viewing time. TVNZ responded that the item’s emphasis was on how the accident had occurred and why the driver’s safety harness had failed. The accidental death was, it contended, a matter of public concern and interest, particularly as it occurred at a public event....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Dancing with the Stars – remarks made by hosts considered offensive and blasphemous – allegedly in breach of standards relating to good taste and decencyFindingsStandard 1 (good taste and decency) – comments mild and light hearted – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Dancing with the Stars on 19 June 2005 at 8. 30pm. The two hour special was the finale of an ongoing ballroom dancing competition which partnered New Zealand celebrities with professional dancers. The show was hosted by a female dancer and a well known male television personality. [2] At one point in the show, the male host made a remark about a performance, commenting “on a Sunday too! ”, followed by “Hail Mary!...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Teenage Caveman – movie about teenagers in the future who fall in with a group of genetically-altered and indestructible mutants – complainant objected to scenes of group sexual intercourse between teenagers, discussion on female pubic hair, female masturbation, and a young woman “exploding and a very graphic display of her exposed organs” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – cumulative effect of challenging content – implied group sex and partial nudity intended to titillate – excessive drug and alcohol use – gratuitous violence and profanity – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] The movie Teenage Caveman was broadcast on TV2 at 12. 35am on 17 April 2006....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-088 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE REV CANON GERALD HADLOW of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter’s comment about people who have Obsessive Compulsive Disorder – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on the morning of 9 June 2008, the two presenters, Pippa Wetzell and Paul Henry, had an impromptu discussion about Obsessive Compulsive Disorder (OCD) at approximately 8am. Mr Henry shared a story with Ms Wetzell and viewers about an ex-colleague of his who suffered from OCD, which took the form of a need to “count the pillars” while on his journey to work in the morning. Mr Henry then commented: He was a crazy freak, like all Obsessive Compulsive people are....

Summary Evidence from the trial of the men accused of murdering Beverley Bouma was reported in a One Network News item. The item included an extract from the prosecuting lawyer’s description of how the killing occurred. It was broadcast on TV One, at 6. 00pm on 11 October 1999. Mr Gribble complained to Television New Zealand Ltd, the broadcaster, that the detailed description in the item was not suitable to include in a 6. 00pm news programme, as that was a time during which children could be watching television. TVNZ responded that, while its news editors were always mindful of the child audience that might watch news programmes, those programmes necessarily carry unpleasant content where that content is relevant and important....

The Authority has not upheld a complaint that a 1News item on the government’s proposed amendments to expand citizen’s arrest powers, as part of its efforts to address retail crime, breached the balance standard. The complaint alleged the report ‘crossed the line’ into political bias by focusing on violent robberies and interviewees expressing concerns about increased danger and vigilantism, while failing to mention the proposed changes were intended to address incidents such as supermarket shoplifting. The Authority found the balance standard had not been breached as the item included significant perspectives on the government’s proposal, including comments from Justice Minister Paul Goldsmith’s announcement. It also noted the standard does not apply to the complainant’s concerns about bias. Not Upheld: Balance...

Summary[This summary does not form part of the decision. ]During an episode of Seven Sharp one of the presenters made comments about Guy Fawkes celebrations and fireworks. The complainant alleged that the presenter's comment, 'Did you know a burning sparkler is five times hotter than boiling water? ' was inaccurate. The Authority declined to determine the complaint on the basis it was trivial. The presenter was giving her opinion about the likelihood of fireworks being banned and her mention of the temperature of sparklers would not have materially altered viewers' understanding of the item. Declined to Determine: AccuracyIntroduction[1] During her 'final word' segment on Guy Fawkes night, a Seven Sharp presenter gave her views on the likelihood of fireworks being banned in future, saying: We've got Guy Fawke's tonight, guys....

Download a PDF of Decision No. 1991-042:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042 PDF365. 34 KB...

Summary [This summary does not form part of the decision. ]A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign and featured footage of a female boatie, QA, at the Takapuna Beach boat ramp. The Authority did not uphold the complaint that showing her in the item breached her privacy, and that her comment to the reporter was taken out of context which was inaccurate and unfair. Not Upheld: Privacy, Accuracy, FairnessIntroduction[1] A ONE News item reported on Maritime New Zealand’s lifejacket awareness campaign, in light of six drownings in the first week of summer. Introducing the item, the presenter stated, ‘[Our reporter] found Auckland boaties were complacent about the dangers’. In a pre-recorded item, the reporter said, ‘We’ve been at Takapuna boat ramp for just 15 minutes, and out of three boats, six of eight people on board weren’t wearing lifejackets’....

Summary[This summary does not form part of the decision. ]An item on ONE News discussed the New Zealand Government’s ‘open door policy’ on allowing foreign visitors in New Zealand to drive. The item featured an interview with a road safety campaigner, who said it was unfair that Chinese visitors were able to drive in New Zealand with international licences, while New Zealanders had to apply for a permit to drive in China. The item included numerous references to Chinese drivers in New Zealand, and featured footage of Chinese members of the public. The Authority did not uphold a complaint that this item was discriminatory towards Chinese people. The item was framed around the campaigner’s opinion that there was not a ‘level playing field’ between China and New Zealand....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at a couple running the One World Foundation who had been banned from Samoa because of allegations regarding the legitimacy of their work – allegedly in breach of balance, accuracy and fairness Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – complainants were treated fairly – chosen interview excerpts fairly represented the complainants’ position – 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 10 March 2008, reported that “a New Zealand-based couple’s been banned from Samoa for life after being accused of taking freebies in the name of charity”....

Complaint under section 8(1)(b)(i) of the Broadcasting Act 1989One News – item reported that Air New Zealand planned to be the first airline to use biofuels on commercial flights – allegedly inaccurate Findings Standard 5 (accuracy) – item was ambiguous whether using biofuels would decrease carbon dioxide emissions from planes – upholding the accuracy complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on TV One on 5 June 2008, reported on the announcement by Air New Zealand that it hoped to be the first airline to use biofuels on commercial flights. [2] It was reported that Air New Zealand planes pumped around three-and-a-half million tonnes of carbon dioxide into the atmosphere every year....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....

Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – item discussing possible organised crime involvement in the black market tobacco trade – interviewed tobacco growers – one interviewee stated that he was no longer growing tobacco, but aerial footage of his property showed that he was – allegedly unbalanced, inaccurate, unfair and a breach of privacy Findings Standard 3 (privacy) – broadcast did not disclose any private facts about the complainant – not upheldStandard 4 (balance) – broadcast did not discuss a controversial issue of public importance – balance standard did not apply – not upheldStandard 5 (accuracy) – two aspects of the item inaccurate, but not significant in the context of the item overall – upheldStandard 6 (fairness) – not unfair to the complainant or to another interviewee – not upheld No Order This headnote does not form part of the decision....

An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

ComplaintHolmes – item about eviction of tenants behind in payments – distressing situation – complaint that broadcaster failed to show discretion and sensitivity FindingsStandard 6 and Guidelines 6b and 6e – breach occurs when Standard contravened, not Guideline – Guideline 6f also relevant to decision on Standard 6 – tenants not dealt with fairly – uphold No Order This headnote does not form part of the Decision Summary [1] The eviction of tenants who had fallen behind in a rent-to-buy agreement was shown in an item broadcast on Holmes at 7. 00pm on 23 September 2003. The landlady explained that she had taken the action to protect her investment. [2] Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that it had not shown discretion and sensitivity in a distressing situation in which there was no apparent public interest....