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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 100/94 Decision No: 101/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaints by GROUP OPPOSED TO ADVERTISING OF LIQUOR and ALCOHOL HEALTHWATCH Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-128 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET MIDDLEMISS of Featherston Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-105 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MELANIE SMITH and TERESA SAMMUT-SMITH of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary An episode of The Way We Were, dealing with New Zealand’s involvement in overseas conflicts, was shown on TV One on 13 January 1998, beginning at 8. 00 pm. Part of the narration included the words, "the Brits let us down", in an aspect referring to the fall of Singapore and Japan’s expansion into the Pacific during World War II. Mr Nichols complained to Television New Zealand Limited, the broadcaster, that the statement, which he had heard as "let down by the Brits in 1941", was factually untrue and inaccurate, and a gratuitous insult to a friendly country. In declining to uphold the complaint, TVNZ claimed some historical justification for the statement....

SummaryA new dietary supplement, aimed at men with prostate problems, was the subject of an item on One Network News broadcast on 7 July 1998 between 6. 00–7. 00pm. The item included interviews with a representative of the company which markets the product, a urologist, and a man who believed his prostate cancer was under control because of the supplement. Mr James complained to Television New Zealand Ltd, the broadcaster, that the promotion of the product amounted to an advertorial and was irresponsible as it did not alert viewers to its known toxic effects. Furthermore, he questioned the qualifications of the product’s promoter to make medicinal recommendations on a prime time news programme. In its response, TVNZ denied that the item was an advertorial, pointing out that it was initiated by TVNZ because it was considered newsworthy....

Summary Naked women were shown in promos for the programme The Making of the Human Body broadcast on TV One on 8 November, 9 November and 10 November 1998 between 6. 00–8. 00pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the display of naked women in G or PGR time breached the standard requiring the observance of good taste and decency. In her view, it was not appropriate to show images of naked women when children were watching television. She also argued that it was discriminatory to show only naked women and no naked men. TVNZ noted that the promo included an extract from the opening sequence of each programme which showed men and women of every age, many of whom were naked....

Summary The final episode in the series Weddings reported that a marriage featured in an earlier episode had broken up after two months. It contained footage of the wedding shown in the earlier programme, and included comment from the bride about the reasons for the break-up. The episode was broadcast on TV2 at 8. 00pm on 14 June 1999. MT, the bridegroom involved, complained directly to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached his privacy. He had declined to take part in the follow-up programme, he wrote, and had informed the programme maker that he wanted neither his name used nor his face shown. He said he felt exploited by the use of the wedding photographs on the programme....

ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....

ComplaintOne News – Olympic competitors banned for drug use – athlete Marion Jones suspected – unfair – inaccurate FindingsStandard G1 – not applicable Standard G4 – report on speculation not unfair – no uphold Standard G5 – speculation not illegal – no uphold Standards G14, G19 and G21 – not applicable This headnote does not form part of the decision. Summary Under the heading "Drug Cheats", a promo for Holmes broadcast on TV One on 28 September 2000 questioned whether athlete Marion Jones and swimmer Inge de Bruijn had taken performance-enhancing drugs before the Olympic Games in Sydney. John O’Neill complained to Television New Zealand Ltd, the broadcaster, that the allegations required an explanation. He said he had not heard anything to link athlete Marion Jones to drugs, and he wondered where TVNZ had got its information, and whether the allegation was justified....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – segments concerning police shooting of innocent bystander – allegedly unbalanced Findings Standard 4 (balance) – programme discussed a controversial issue of public importance – views of the police were put forward by interviewees and viewer feedback – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 6. 50am during Breakfast, broadcast on TV One on Monday 26 January 2009, one of the hosts interviewed the New Zealand Police Association President, Greg O’Connor, following a fatal shooting by the Armed Offenders Squad of an innocent man the previous Friday. The host asked Mr O’Connor whether it was reasonable at this time to question the actions of the police officers involved. Mr O’Connor responded: . . . it’s an absolute tragedy and we have got nothing but sympathy for that family. . . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on two National MPs and whether their business links in India were in conflict with their public roles in New Zealand – included footage of street scenes in India – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage did not contain any material which threatened standards of good taste and decency – not upheld This headnote does not form part of the decision. Broadcast [1] A One News item, broadcast on TV One at 6pm on 30 March 2009, reported that two National MPs were facing questions about whether their business links in India were in conflict with their public roles in New Zealand....

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....

Complaint under section 8(1C) of the Broadcasting Act 1989The Pretender – character stated "Jesus fucking Christ" – 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] An episode of The Pretender was broadcast on TV2 at 10pm on Sunday 28 September 2008. The programme was a satirical comedy that followed the life of a fictional Member of Parliament, Denis Plant, and his fictitious political party, Future New Zealand. [2] During the episode, one of the characters said "Jesus fucking Christ" after learning of a potentially disastrous political blunder by Mr Plant. [3] The programme was preceded by a verbal and written warning that stated: This programme is rated Adults Only. It contains language that may offend some people....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretended to be Camilla Parker-Bowles singing a parody version of “Candle in the Wind” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – content of programme clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 3 September 2007, included a skit featuring a person acting as Camilla Parker-Bowles. She was shown singing a parody version of “Candle in the Wind”, supposedly in memory of Diana, Princess of Wales. Complaint [2] Brintyn Smith made a formal complaint about the episode to Television New Zealand Ltd, the broadcaster, alleging that the skit breached standards of good taste and decency....

ComplaintHolmes – comment that Ponsonby Rugby Club had produced the most All Blacks – inaccurate – TVNZ upheld complaint as technical breach of Principle 5 and apologised – action taken insufficient FindingsAction taken sufficient – not upheld This headnote does not form part of the decision Summary [1] During a Holmes broadcast on TV One at 7. 00pm on 25 August 2003, a reporter commented that Ponsonby Rugby Club had produced the most All Blacks. The statement was repeated later in the programme by the presenter. [2] Mr Burke complained to Television New Zealand Ltd, the broadcaster, that the statement was inaccurate. [3] TVNZ upheld the complaint and apologised by letter to the complainant and members of his rugby club. [4] Dissatisfied that TVNZ's action upon upholding the complaint did not include an on-air correction and apology, Mr Burke referred his complaint to the Broadcasting Standards Authority under s....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – promo broadcast on 3 February 2004 – used excerpt from an item about events in Northern Ireland from One News item broadcast on 15 October 2002 – promo did not refer to events since then – allegedly misleadingFindings Standard 4 (balance) and Guideline 4a – item broadcast shortly before 6. 00pm news was promo for Spooks – used part of news item from One News broadcast on 15 October 2002 – balance not an issue – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the forthcoming drama series Spooks was broadcast on TV One shortly before the start of One News at 6. 00pm on 3 February 2004. The promo began with an excerpt from an item broadcast on One News on 15 October 2002....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on recent memorial to Māori Battalion in Gisborne – noted Maori Battalion had highest casualty rate of any New Zealand unit in the war – allegedly inaccurateFindingsPrinciple 5 (accuracy) – ambiguity in words used – complainant and broadcaster took different meaning from words – unable to determine accuracy – declined to determine under s11(b) of Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News on 11 July 2004 noted the unveiling of a memorial to the Māori Battalion which fought in the Second World War. The item included the statement: By the time the Māori Battalion arrived home, they’d suffered the highest casualty rate of any unit in the war, 680 men killed....

ComplaintReel Life: The Truth about Lesbian Sex – promos – comments made by several women in the first promo – people examining sexual devices in the second promo – broadcast 5. 45pm and 10. 24pm respectively – offensive FindingsStandard 1, Guideline 1a – context – no upholdStandard 7, Guideline 7b – classification of promos correct – majority – no uphold Standard 9, Guideline 9a – broadcaster mindful of child viewers – majority – no uphold This headnote does not form part of the decision. Summary [1] Two promos, broadcast on TV One at 5. 45pm and 10. 24pm respectively, advertised an upcoming documentary, Reel Life: The Truth About Lesbian Sex. The first promo portrayed several women talking about their sexual practices. The second promo showed different sexual devices being examined by various people....

ComplaintOne News – Australian Governor-General – alleged cover-up of sexual abuse – Merepeka Raukawa-Tait interviewed – suggested Australians were hypocritical as their silence may have contributed to abuse – unbalanced – unfair – inaccurate FindingsStandard 4 and Guideline 4a – item balanced about matter of Governor-General’s tenure – no uphold Standard 5 – item accurate – no uphold Standard 6 and Guideline 6g – no evidence of denigration – no uphold This headnote does not form part of the decision. Summary [1] Controversy over the allegations that the Australian Governor-General, Dr Peter Hollingworth, had covered up sex abuse cases when Archbishop of Brisbane was dealt with in an item on One News, broadcast at 6. 00pm on 22 February 2002. The Chief Executive of Women’s Refuge in New Zealand, Merepeka Raukawa-Tait, when interviewed, suggested that the criticism directed at Dr Hollingworth was hypocritical....