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Dated: 6 July 2010 Decision No: 2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...
Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Eye to Eye – host asked his guests whether the Labour or Māori Party candidate would win the seat of Tai Tokerau in the upcoming election – did not mention a third candidate for the electorate – allegedly unbalanced and inaccurateFindings Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – not inaccurate – not upheldThis headnote does not form part of the decision. Broadcast [1] During Eye to Eye, broadcast on TV One at 9. 30am on 5 February 2005, the host asked his two female guests whether Dover Samuels (Labour Party) or Hone Harawira (Māori Party) would win the seat of Tai Tokerau in the upcoming election....
ComplaintHolmes – apology from Mr Holmes for comments he made about UN Secretary-General Kofi Annan on Newstalk ZB – apology said to be unbalanced, inaccurate and breached requirements for law and order Findings Standard 2 – not applicable – decline to determine Standard 4 – personal statement – balance not an issue – decline to determine Standard 5 – no inaccuracy – decline to determineThis headnote does not form part of the decision Summary [1] Paul Holmes, the host of Holmes broadcast on TV One on weekdays at 7. 00pm, made a personal statement on Holmes on 29 September 2003 about some comments he had made on Newstalk ZB. Among some other comments made on Newstalk ZB, he had described the UN Secretary-General, Kofi Annan, as a “cheeky darkie”. His comments had received extensive media coverage....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Lead item on One News – investigative report into alleged pornographer in Gisborne – allegedly in breach of good taste and decency FindingsStandard 1 (Good taste and decency) – item was genuinely newsworthy – strong warning given – news by very nature will often deal with distasteful material – content not offensive – images discreet – not upheld This headnote does not form part of the decision. Broadcast [1]The lead item on One News on 1 August 2004 was a report from Television New Zealand’s investigative team concerning an alleged pornographer in Gisborne. The item alleged that the man was involved in procuring under-age girls for sex and the making of pornography, including through the use of stupefying drugs, and that he lured women into pornography by making false promises and statements....
Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....
Complaint Breakfast – item on increased ACC levy for motorcycles – biased against motorcyclists FindingsStandard G4 – motorcyclists not dealt with unfairly – no uphold Standard G14 – item dealt with levy increase fairly – no uphold This headnote does not form part of the decision. Summary [1] Increases in ACC levies were dealt with in an item broadcast on Breakfast between 7. 00–9. 00am on 5 December 2001. It was reported that the levy to be paid on the annual registration of motorcycles was to increase by nearly 60 percent because of the high number of accidents involving motorbikes. [2] Miss K Latimer complained to Television New Zealand Ltd, the broadcaster, that the item was biased and misleading because of the negative attitude she considered had been taken towards motorcyclists....
ComplaintLocation, Location, Location – complainants attended and participated in auction – complainants claimed that they would not be filmed – shown on programme – unfair – breach of privacy FindingsStandard 6 – irreconcilable conflict of facts as to particulars of the request not to film – decline to determine Standard 3 Guideline 3a Privacy Principle iii – no intentional intrusion – no uphold This headnote does not form part of the decision. Summary [1] A couple was shown making the final bid in the auction for a house during an episode of the reality series Location, Location, Location. The bid was unsuccessful as it failed to reach the reserve. The episode was broadcast on TV One at 8. 00pm on 17 July 2002. [2] BQ and CR, the couple making the bid, complained to Television New Zealand Ltd, the broadcaster, about the item....
ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....
Summary A reduction in unemployment levels was illustrated by use of a graph in a news item broadcast on One Network News on 4 November 1999 between 6. 00–7. 00pm. Mr Kammler complained to Television New Zealand Ltd, the broadcaster, that the visual message of the graph was distorted because the vertical axis had not started at zero. As a result, he said, the decline in the unemployment level appeared to be greater than it actually was. In his view the item had not reflected the truth. TVNZ acknowledged Mr Kammler’s argument, but said it was necessary to see the graph in its television context, where its function was to convey a stylistic indication of a trend, rather than being very specific information – such as in a written text – which could be referred back to later....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters discussed Civil Defence emergency survival kits – presenter commented on what people should have in their kits, Mormons being prepared for disasters as part of their faith, and whether people should just have a gun and bullets and use them to take other people’s kits – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments were inane banter that was not intended to be taken seriously – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 7 September 2010, the presenters, Paul Henry, Pippa Wetzell and Peter Williams, discussed Civil Defence emergency kits....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Lord of the Rings: The Fellowship of the Ring – characters referred to smoking “weed” and “leaf” – allegedly in breach of broadcasting standardsFindingsStandard 2 (law and order) – references to “weed” and “leaf” did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During The Lord of the Rings: The Fellowship of the Ring, characters made two brief references to “weed” and “leaf”. Bilbo Baggins the hobbit, and Gandalf the wizard, were shown smoking pipes as Bilbo commented, “Old Toby, the finest weed in the South Farthing. ” Later, Gandalf said to Saruman the wizard, “All these long years [the ring] was in the Shire, under my very nose”....
Download a PDF of Decision No. 1993-102:McDonald and Television New Zealand Ltd - 1993-102 PDF330. 38 KB...
Download a PDF of Decision No. 1993-166–167:Bardwell and Harang and Television New Zealand Ltd - 1993-166, 1993-167 PDF496. 64 KB...
Download a PDF of Decision No. 1991-040:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-040 PDF314. 19 KB...
Summary[This summary does not form part of the decision. ]The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, '[O]bviously as he's speaking in Māori, in te reo, and the vast majority of us aren't going to understand that. . . let's go back to David Cunliffe. . . ' and the broadcast crossed to Mr Cunliffe's speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event....
Summary[This summary does not form part of the decision. ]An episode of a weekly mixed martial arts championship highlights and commentary programme, MMA: One Championship Weekly, was broadcast on TVNZ DUKE at 8. 30am on Saturday 15 April 2017. The primary focus of the episode was a build-up to an upcoming match between Eduard Foyalang and Ev Ting scheduled for 21 April 2017. The episode profiled each of the fighters with reference to their backgrounds and family life. It also included 5-6 minute clips of their previous fights against other opponents. Mr Dandy complained that the use of footage from MMA fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised....
Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a newsreader’s use of the term ‘rogue state’ in the introduction to a news item, referring to North Korea. The item reported on the resumption of peace talks between the leaders of the United States and North Korea, and segued into an investigation about the effects of economic sanctions on the people of North Korea. The complaint was that using the term was biased and lacked balance, and the term was better suited to describe the United States. In its decision the Authority noted that the term complained about was used only once, fleetingly, in the newsreader’s introduction and would not have affected viewers’ understanding of the item as a whole....
The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...
The Authority has not upheld four complaints that interviews on Q+A with Israeli and Palestinian representatives breached multiple broadcasting standards. On 21 April 2024, Jack Tame from Q+A interviewed Ran Yaakoby, the Israeli Ambassador to New Zealand. On 5 May 2024, Q+A interviewed Dr Izzat Salah Abdulhadi, head of the Palestinian Delegation to New Zealand. The complaints were made under several standards and included claims that: statements made by Yaakoby and Tame were inaccurate; Tame did not push back hard enough on Yaakoby; the interviews did not provide balance; the 21 April interview was unfair to Hamas, offensive, and discriminatory. The Authority did not uphold complaints under the accuracy standard on the basis: the relevant points concerned opinion to which the standard does not apply; reasonable efforts had been made to ensure accuracy; any harm was outweighed by freedom of expression; or the points were not materially inaccurate....