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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-064 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD GALE of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – statement that the average household spends 20 percent more on electricity than it did 20 years ago – allegedly inaccurate Findings Standard 5 (accuracy) – reasonable viewers would have understood that the statement referred to 20 percent of household budget, not 20 percent more money – not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tonight, broadcast on TV One at 10. 30pm on 31 May 2007, discussed the recent death of a woman whose power had been switched off by an electricity company. The reporter said the woman’s death had: …thrown the spotlight on the huge increases in power prices in the past 20 years. The average household now spends 20 percent more on electricity....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Canterbury Tales – "The Miller’s Tale" – a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe – allegedly in breach of good taste and decency and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – implicit violence justified by context – care and discretion shown – not upheldThis headnote does not form part of the decision. Broadcast [1] A modern day television adaptation of Chaucer’s Canterbury Tales – "The Miller’s Tale" was screened on TV One at 9. 35pm on Sunday 5 March 2006. Near the end of the story, a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the upcoming flag referendum and featured an interview with an Australian advocate for changing the flag. The Authority did not uphold a complaint that presenter Mike Hosking ‘encouraged the New Zealand public to vote a certain way by reiterating his own prejudices and then using an Australian broadcaster to support his own views’. While Mr Hosking made his view in support of changing the flag known, the alternative view was adequately presented during the item. Given the widespread coverage of the flag referendum, viewers could also reasonably be expected to be aware of significant perspectives on the issue, and would not have been deceived or disadvantaged as a result of this item. Not Upheld: Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Seven Sharp discussed the upcoming flag referendum....

Summary [This summary does not form part of the decision. ]Two items broadcast on Te Karere reported on Green MP Marama Davidson’s experiences as part of the ‘Women’s Boat to Gaza’ protest, which aimed to draw attention to Israel’s naval blockade of Gaza. The Authority upheld a complaint that the reporter’s reference during the first item to the ‘illegal’ Israeli blockade was inaccurate. The legality of the blockade was a contentious and unresolved issue, with two UN reports taking conflicting positions on the point. The Authority therefore considered that the broadcaster should have qualified its statement with reference to the disputed legality of the blockade, rather than referring to it unequivocally as illegal....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reference to British Prime Minister David Cameron as “an old mate of John Key’s” in relation to the Leveson Inquiry into British press – allegedly in breach of accuracy and fairness standards FindingsStandard 5 (accuracy) – reference to “old mate” in the introduction to the item was not a material point of fact and would not have misled viewers – not upheld Standard 6 (fairness) – brief comment did not implicate Mr Key in the manner alleged – not unfair to Mr Key – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the Leveson Inquiry into the culture, practices and ethics of British press....

ComplaintOne News – drug related death of a Timaru youth – item implied that suspected overdose was a result of marijuana use – misleading – inaccurate FindingsStandard 5 and Guidelines 5a & 5b – not inaccurate – not misleading – no uphold This headnote does not form part of the decision. Summary [1] An item concerning the death of a Timaru youth who died of a suspected drug overdose was broadcast on One News at 6pm on Saturday 25 January 2003. The focus of the item was an interview with the father of the youth, who spoke of his son’s addiction to marijuana, his getting in with a "bad crowd" and his dependence on "drugs and alcohol". [2] Chris Clarke complained to Television New Zealand Ltd, the broadcaster, that the item left the viewer with the impression that the youth’s death was the result of an overdose of marijuana....

Summary[This summary does not form part of the decision. ]A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu. Brief footage from US President Donald Trump’s meeting with Prime Minister Netanyahu in May 2017 was shown at the end of the item. The Authority did not uphold a complaint that the use of this footage created an unduly negative impression of President Trump and implied he was involved in the corruption, which was unfair. The Authority found the use of the footage in no way implicated President Trump in the alleged corruption. The footage was brief and President Trump was not referred to verbally. Not Upheld: Fairness  Introduction[1] A 1 News item discussed corruption charges being laid against Israeli Prime Minister Benjamin Netanyahu....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on the Government’s intention to remove a benefit reduction sanction that can apply to sole beneficiary parents who do not name the remaining parent. The complainant alleged the item was unbalanced and misleading, as the report omitted details about the exemptions that can apply to the sanction, including that a parent will not have to name the other parent where the child or sole parent could be at risk of violence. The Authority found that the focus of this item was the Government’s desire to remove the sanction. The omission of details about the exemptions was therefore not material to the overall focus of the item, and did not mislead viewers....

Download a PDF of Decision No. 1991-026:Heritage Mining NL and Gold Resources Ltd and Television New Zealand Ltd - 1991-026 PDF1. 27 MB...

ComplaintOne News – images of Kerry Fox and male actor both nude in award winning film "Intimacy" – nudity not decent at 6pm when children watching FindingsStandard G2 – visuals acceptable in context – no uphold Standard G2 – visuals restrained – mindful of children – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 19 February 2001 advised that New Zealand actress Kerry Fox had won the coveted Silver Bear Award at the Berlin Film Festival for her acting in the film "Intimacy". The item showed an extract from the film in which she and a male actor appeared naked....

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(1)(a) of the Broadcasting Act 1989Between the Sheets – promo broadcast during One News at about 6. 30pm – allegedly gratuitously violent Findings Standard 10 and Guideline 10a (gratuitous violence) – in view of brevity of the relatively innocuous incident included in a promo broadcast during the news, broadcaster showed care and discretion – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified Between the Sheets was broadcast during One News on TV One beginning at 6. 00pm on 4 January 2004. The promo briefly showed one man striking another, who fell back after being struck on the jaw or lower face. Complaint [2] Cliff Turner complained to Television New Zealand Ltd, the broadcaster, that the violence was gratuitous and unacceptable at that hour....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Ultimate Force – promo – depicted two women kissing – 7. 00pm Sunday – offensiveFindingsStandard 1 and Guideline 1a (good taste and decency) – context – heterosexual and homosexual relationships are dealt with similarly – time of broadcast – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for Ultimate Force was broadcast on TV One at about 7. 00pm on Sunday 11 January 2004. The promo included two women kissing. Complaint [2] Alvin Allan complained formally to Television New Zealand Ltd, the broadcaster. He contended that the visual of the two women “engaged in a passionate kiss” breached the requirements for good taste and decency....

Summary [This summary does not form part of the decision. ]A One News item reported on controversy surrounding a performance by female artist Miley Cyrus at the ‘2013 MTV Video Music Awards’ where she engaged in a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was offensive to broadcast during prime time family viewing. The footage was provocative and challenging, but was relevant as it illustrated for viewers why the performance had attracted worldwide publicity. Earlier coverage and the presenter’s introduction signposted the likely content and gave viewers an opportunity to exercise discretion. The item did not threaten standards of good taste and decency in the context of an unclassified news programme targeted at adults....

Download a PDF of Decision No. 1993-102:McDonald and Television New Zealand Ltd - 1993-102 PDF330. 38 KB...

Summary [This summary does not form part of the decision. ] A One News item reporting on Family Planning’s call for sex education in schools for younger children, included brief footage of Miley Cyrus’ performance at the 2013 MTV Video Music Awards. Consistent with two previous decisions, the Authority did not uphold complaints that the footage was inappropriate to show during the news. Given recent widespread publicity of the performance, it was a relevant example of the kind of sexualised images Family Planning was concerned younger audiences were being exposed to. Unclassified news programmes often contain material unsuitable for children and some adult supervision is expected. Not Upheld: Good Taste and Decency, Children’s Interests, Controversial Issues Introduction [1] An item on One News reported on Family Planning’s call for sex education in schools for younger children....