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Smith and Television New Zealand Ltd - 2007-031
2007-031

Complaint under section 8(1)(a) of the Broadcasting Act 1989Rude Awakenings – scene in which man and woman have sex on a table – 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] Rude Awakenings was a New Zealand drama series focussing on the lives of neighbouring Ponsonby families. An episode screened at 8. 30pm on Friday 16 February included a scene in which one of the central female characters – who was dissatisfied with her marriage – had sex with her personal trainer on a table. The personal trainer continued to watch sport on television while having sex. [2] The scene was shot from behind the male character, whose naked buttocks were visible. No female nudity was shown....

Decisions
An Ying Group Ltd and Television New Zealand Ltd - 2006-089
2006-089

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about suburban brothels – showed hidden camera footage taken inside travel agency – reporter was shown asking teller about sending money back to China and “hiding the money” without any trace – teller agreed that she could do this – allegedly unbalanced, inaccurate, unfair and a breach of privacy FindingsStandard 3 (privacy) – companies have no right to privacy – teller had no interest in solitude or seclusion at place of employment – not upheld Standard 4 (balance) – subsumed under Standard 6 Standard 5 (accuracy) – item not misleading or inaccurate – hidden camera footage portrayed actual events – not upheld Standard 6 (fairness) – teller not treated unfairly – An Ying “referred to” but not identifiable, therefore broadcaster not required to give an opportunity to comment – use of hidden camera not unfair – not upheld This headnote does not form…...

Decisions
Cahill and Television New Zealand Ltd - 2005-075
2005-075

Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Michael Jackson's Mind looked at history of Michael Jackson's unconventional behaviour – behaviour analysed by psychiatrists and psychologists – comments sought from range of other people – programme used extracts from previous documentary Living with Michael Jackson – allegedly unbalanced and unfairFindings Standard 4 (balance) – not controversial issue of public importance – balance not required – not upheld Standard 6 (fairness) – Authority unable to determine whether extracts of Martin Bashir documentary used in context – decline to determine – other comments by psychiatrist not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] On 30 May 2005, at 9. 30pm, TV2 broadcast a documentary entitled Michael Jackson's Mind....

Decisions
Bucknell and Television New Zealand Ltd - 2004-042
2004-042

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....

Decisions
Mowat and Television New Zealand Ltd - 2004-163
2004-163

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

Decisions
Lowe and Television New Zealand Ltd - 2003-040
2003-040

ComplaintPromo for Always Greener – bare buttocks masked by a "smiley face" – indecent – harmful to children FindingsStandard 1 and Guideline 1a – masking device not offensive – no uphold Standard 9 and Guideline 9a – not harmful to child viewers – no uphold This headnote does not form part of the decision Summary [1] A promo for Always Greener was broadcast on TV One at various times on 2 February 2003. A "smiley face" was used to cover the bare buttocks of a male character. [2] John Lowe complained to Television New Zealand Ltd, the broadcaster, that masking the human form in this manner was offensive and harmful to children. [3] In response, TVNZ said the "smiley face" was attached so that the promo could be shown at any time. It declined to uphold the complaint that the masking breached broadcasting standards....

Decisions
Armstrong and Schaab and Television New Zealand Ltd - 2003-160, 2003-161
2003-160–161

ComplaintHolmes – item about Death with Dignity Bill – man featured with motor neuron disease – wanted choice about his time of death – unbalanced FindingsStandard 4 – human interest story – referred to issue of euthanasia – euthanasia canvassed in other programmes – no uphold This headnote does not form part of the decision. Summary [1] Shortly before the Death with Dignity Bill was to have its first reading in Parliament, an item on Holmes featured a person dying from motor neuron disease who hoped the Bill would be passed. If the Bill was passed, the person said that he would have the right to choose the time of his death. The item was broadcast on TV One at 7. 00pm on 29 July 2003. [2] D A Armstrong and P Schaab both complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Decisions
Spencer and Television New Zealand Ltd - 2002-088
2002-088

ComplaintElection programme – Labour Party advertisement – Prime Minister seen with New Zealanders in UN Peacekeeping force in East Timor – her presence implied support for East Timor – incorrect in light of New Zealand’s historical position Findings Standard 5 and Guideline 5b – item focused in part on transition to independence – not inaccurate – not misleading – no uphold This headnote does not form part of the decision. Summary [1] An election advertisement for the New Zealand Labour Party was screened on TV One at about 7. 00pm on 2 July 2002. Among the visuals the Prime Minister was shown visiting the New Zealanders who were part of the UN Peacekeeping force in East Timor. [2] Marcel Spencer complained to Television New Zealand Ltd, the broadcaster, that the advertisement was misleading in that it suggested New Zealand’s support for East Timor’s independence....

Decisions
Schwabe and Television New Zealand Ltd - 2000-067
2000-067

ComplaintOne News – offensive language – horse named Bugger me – unsuitable for children FindingsStandard G2 – newsworthy – not gratuitous – no upholdStandard G12 – no uphold This headnote does not form part of the decision. Summary A news item broadcast on One News on TV One at 6. 00pm on 21 February 2000 described the controversy in the harness racing industry which had arisen over a horse named "Bugger Me". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive and its use on television had a detrimental effect on children and society in general. TVNZ responded that in the context of a news item reporting on a controversial matter, the use of the word bugger did not breach broadcasting standards....

Decisions
Duff and Television New Zealand Ltd - 2002-198
2002-198

ComplaintWilly Nilly – comedy series – "shooting" endangered native birds – offensive – irresponsible behaviour FindingsStandard 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] An episode of Willy Nilly, a comedy series, was broadcast on TV One at 7pm on 14 September 2002. It portrayed a newly arrived Russian mail-order bride of the local shopkeeper shooting at, and presumably killing, a native kakapo while on a camping trip. A subsequent scene depicted a "kiwi" being spit-roasted over the campfire. [2] Alastair Duff complained to Television New Zealand Ltd, the broadcaster, that the sequences portrayed irresponsible behaviour. [3] In declining to uphold the complaint TVNZ said, in context, the behaviour did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Duff referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Maltby and Television New Zealand Ltd - 2001-069
2001-069

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....

Decisions
Boyce and Television New Zealand Ltd - 1999-225
1999-225

Summary The London Connection, a documentary hosted by Gary McCormick, was re-broadcast on TV One on 31 October beginning at 11. 35pm, having been first broadcast on 16 August 1999. Simon Boyce complained to Television New Zealand Ltd that the broadcast of a sequence in which inebriated young women danced topless was a deceptive programme practice because it objectified the young women without identifying them. TVNZ refused to accept the complaint on the grounds that it had already dealt with a complaint about the programme from the same complainant and, having made a proper investigation, had found no breach of broadcasting standards. Mr Boyce referred the matter to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. He argued that the sequence he complained about was not a legitimate subject for a documentary since the women were not identified....

Decisions
James and Television New Zealand Ltd - 2001-229
2001-229

ComplaintLate Edition – item on plethora of cancer scares – insufficient attention given to the need to avoid the avoidable – unbalanced FindingsSection 4(1)(d) – focus on cancer scares – balancing comment – no upholdThis headnote does not form part of the decision. Summary [1] The seemingly endless number of cancer scares, and the wide range of products and behaviours linked to cancer, were considered in a relatively brief news item broadcast on Late Edition on TV One at 10. 35pm on 14 August 2001. [2] R F James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced as it gave no recognition to the basic medical precept that if a risk is avoidable, it should be avoided. When TVNZ did not respond to the complaint, Mr James referred it to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Wicks and Television New Zealand Ltd - 2022-052 (20 May 2022)
2022-052

The Authority has reconsidered and not upheld a privacy complaint about an item on 1 News reporting on residents’ concerns about ‘boy racers’ in a particular Christchurch suburb, following TVNZ appealing the Authority’s original decision to the High Court. The item featured an interview with a resident reported as being ‘too scared to be identified’. The Authority originally found she was identifiable and the High Court dismissed the appeal on that point but directed the Authority to reconsider the remaining issues in light of new affidavit evidence filed by TVNZ in the appeal. Having reconsidered the matter, the Authority remained of the view the disclosure of the woman’s identity in the circumstances would be highly offensive to an objective reasonable person. However, based on the affidavit evidence the Authority found the defence of informed consent was available to the broadcaster. Not Upheld: Privacy...

Decisions
Chaney and Television New Zealand Ltd - 2014-142
2014-142

Summary [This summary does not form part of the decision. ]A promo for Seven Sharp showed a Pit Bull owner describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. The Authority did not uphold a complaint that it was misleading to promote Pit Bulls as 'good family dogs'. The comments were clearly distinguishable as opinion, so the accuracy standard did not apply. Not Upheld: AccuracyIntroduction[1] A promo for Seven Sharp included a story on Pit Bull adoption. A Pit Bull owner was shown describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. [2] Louise Chaney complained that it was misleading to promote Pit Bulls as 'good family dogs' as they can be dangerous and have been known to attack children. [3] The issue is whether the broadcast breached the accuracy standard, as set out in the Free-to-Air Television Code of Broadcasting Practice....

Decisions
White and Television New Zealand Ltd - 2015-042
2015-042

Summary[This summary does not form part of the decision. ]An item on Fair Go investigated a case of alleged elder financial abuse by a man, P against a 90-year-old woman, E. The programme also featured P's 'mentor' (M), a spokesperson from E's bank and comment from E and her grandson. The Authority did not uphold a complaint that the item was unfair, inaccurate and unbalanced. Both P and M were given a fair and reasonable opportunity to comment, the broadcaster made reasonable efforts to ensure the item was accurate and the item did not discuss a controversial issue of public importance which required the presentation of alternative views. Not Upheld: Fairness, Accuracy, Controversial IssuesIntroduction[1] An item on Fair Go investigated a case of alleged elder financial abuse....

Decisions
Joseph and Television New Zealand Ltd - 2020-129 (9 February 2021)
2020-129

The Authority has not upheld a good taste and decency complaint that the treatment of a clip showing a ‘devastating’ explosion in Lebanon was inappropriate in a segment rounding up ‘all the crazy, messed-up oddities’ of the week. The context and the importance of freedom of expression meant there was no harm justifying regulatory intervention in the circumstances. Not Upheld: Good Taste and Decency; Discrimination and Denigration...

Decisions
Wardlaw and Television New Zealand - 1991-046
1991-046

Download a PDF of Decision No. 1991-046:Wardlaw and Television New Zealand - 1991-046 PDF591. 9 KB...

Decisions
Mikkelsen and Television New Zealand Ltd - 2013-022
2013-022

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – instrumental excerpts from the song “Smack My Bitch Up” by Prodigy played in the background during item reporting on violence against women – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – broadcast not unacceptable in context and within broadcaster’s right to freedom of expression – only viewers who knew the song would have recognised it from the instrumental excerpts – use of the instrumental excerpts did not undermine the important message of the segment but drew attention to, and raised awareness of, the issue – rhythm and tone of music fitted segment – not upheld This headnote does not form part of the decision....

Decisions
Kubala and Television New Zealand Ltd - 1993-129
1993-129

Download a PDF of Decision No. 1993-129:Kubala and Television New Zealand Ltd - 1993-129 PDF269. 54 KB...

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