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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-151 Decision No: 1997-152 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by W G FABER of Gore and C B NOBLE of Wanganui Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-067 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK DONNELLY, on behalf of EDEN PARK NEIGHBOURS' ASSOCIATION of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryAn item on Holmes, broadcast on TV One on 1 October 1998 between 7. 00-7. 30 pm, examined the Hikoi of Hope. It featured a representative from the Anglican Church and a critic of the hikoi, each being interviewed by the presenter. Ms Larkin complained to Television New Zealand Limited, the broadcaster, that the presenter’s introduction to the item was insulting, and contained derogatory descriptions, such as "the Hiccup of Hypocrisy". The presenter’s statements made it clear, she said, that the item would not be presented in a fair and neutral manner. TVNZ responded that while the Hikoi of Hope was a serious attempt to draw attention to the reality of poverty in New Zealand, the Anglican Church’s sponsorship of it had been controversial....

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Illegal New Zealand – episode looked at the illegal trading of guns in New Zealand – included footage of the presenter practising target shooting – presenter shown holding a shotgun in firing position – camera briefly tracked in front of the presenter as he held a shotgun in a firing position – allegedly in breach of the law and order standard FindingsStandard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Illegal New Zealand was broadcast on TV2 at 8pm on Thursday 9 July 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homegrown – programme investigating history of beer in New Zealand – words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" used – other words censored – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – language was humorous rather than abusive – worst language was censored – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Homegrown, a locally produced series which investigated various aspects of New Zealand culture and particularly produce, was broadcast on TV One at 7pm on Saturday 1 November 2008. This episode looked at the history of beer brewing in New Zealand. [2] During the programme, the words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" were used, predominantly by one of the interviewees. Some other words were bleeped out....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Top of the Class – boy commented that playing the recorder was “gay” – allegedly encouraged denigration of and discrimination against homosexual peopleFindingsStandard 6 (fairness) and guideline 6g (denigration and discrimination) – boy used the word “gay” to mean “lame” or “stupid” – did not amount to the high level of invective required for a breach of the standard – not upheldThis headnote does not form part of the decision. Broadcast [1] Top of the Class was a reality entertainment programme, broadcast on TV One, in which New Zealand celebrities were paired with 10-year-old look-alikes and vied with each other in various competitions. In an episode broadcast at 7. 30pm on Sunday 11 June 2006, the contestants were learning how to play the recorder. One of the young schoolboys said “recorders is (sic) gay, extremely gay”....

ComplaintI Dreamed of Africa – film – screened at noon on Sunday – nudity – sexual behaviour – unacceptable at that hourFindings Standard 9 – acceptable in context – not upheldThis headnote does not form part of the decision Summary[1] The film I Dreamed of Africa was screened on TV2 at 12 noon on Sunday 12 October 2003. It was based on the autobiography of a privileged white woman from Italy who settled in rural Kenya. One scene discreetly showed the woman being undressed by her apparently naked husband and the couple kissing, apparently as a prelude to sex. [2] David Ronalds complained to Television New Zealand Ltd, the broadcaster, that such a scene was inappropriate and unacceptable in a film being screened at that time....

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....

ComplaintOne News – item about gender income differences – unbalanced – inaccurate – denigration and discrimination of male employers FindingsStandard 4 – range of perspectives presented – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – not unfair to male employers – no uphold This headnote does not form part of the decision. Summary [1] A One News programme, broadcast at 6. 00pm on 20 June 2002, featured an item which sought to explain census figures which showed that women were earning less than their male counterparts. [2] Peter Zohrab, on behalf of the New Zealand Equality Education Foundation, complained to Television New Zealand Ltd, the broadcaster, that the news item was unbalanced, inaccurate, and encouraged denigration and discrimination against male employers....

ComplaintReel Life: Thalidomide – A Necessary Evil – documentary – Dr Nigel Brown claims no evidence that any chemical which causes a birth defect in one generation can also cause defects in subsequent generations – inaccurate FindingsStandard G1 – legitimate expression of scientific opinion – no uphold This headnote does not form part of the decision. Summary A Reel Life documentary broadcast on TV One on 9 March 2001 between 9. 45pm and 10. 45pm, entitled Thalidomide – A Necessary Evil, examined the reappearance of thalidomide as an apparently effective drug in the treatment of a variety of illnesses including leprosy. During the course of the programme, Dr Nigel Brown from St George’s Hospital in London commented to the effect that there was no evidence that any chemical, including thalidomide, which had caused a birth defect in one generation could be blamed for similar defects in subsequent generations....

ComplaintOne Network News – economic report – deficit – inaccurate – omission of information FindingsStandard G14 – no further information necessary – not inaccurate – simplicity important in reporting news in accessible way – no uphold This headnote does not form part of the decision. Summary An item on One Network News broadcast on TV One at 6pm on 21 December 1999 concerned New Zealand’s deficit. It was reported that economists and politicians had emphasised that increased saving and exports were required to improve the deficit. K H Peter Kammler complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurately reported because "invisibles" such as the profits of overseas shareholders were not mentioned as a major factor in contributing to the deficit. He also contended that the suggestion made in the item that increasing exports would assist in reducing the deficit was "fraught with… difficulties"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Beyond the Darklands – upcoming episode discussed the death of three-year-old Nia Glassie – excerpt of commentary from a news item referred to “kicking her head in” – allegedly in breach of good taste and decency, and responsible programming standards FindingsStandard 1 (good taste and decency) – while the subject matter of the upcoming episode was distressing, the promo itself was reserved and respectful – details of the abuse were widely reported by media – taken in context the promo did not threaten standards of good taste and decency – not upheld Standard 8 (responsible programming) – promo was correctly classified PGR and screened during an appropriate host programme – promo was not presented in a way that would have caused alarm or undue distress – not upheld This headnote does not form part of the decision....

Mary Anne Shanahan declared a conflict of interest and stood aside from this decision....

Download a PDF of Decision No. 1993-118:Felderhof and Television New Zealand Ltd - 1993-118 PDF386. 53 KB...

Download a PDF of Decision No. 1992-012:The Treasury and Television New Zealand Ltd - 1992-012 PDF792. 6 KB...

Download a PDF of Decision No. 1991-035:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-035 PDF313. 12 KB...

Summary[This summary does not form part of the decision. ]Seven Sharp featured the story of a man who, due to delays in having minor surgery for a skin cancer cyst, suffered severe health problems. The man said that ‘[The cyst] went from less than a centimetre to 35 centimetres’. The Authority did not uphold a complaint that the description of the cyst as ‘35 centimetres’ was inaccurate. The exact measurement was not a material point of fact in the item, and it was clearly the man’s own recollection of his experience. Not Upheld: AccuracyIntroduction[1] Seven Sharp featured the story of a man who, due to delays in having minor surgery for a skin cancer cyst, had his eye and part of his face removed and was given a terminal diagnosis....