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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-174 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MONIQUE BARDEN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An item on Teletext reported on the death of a man from head injuries which he had sustained the previous day when visiting a motor cycle club. It also reported that three men who were at the scene "when he was beaten" were being interviewed. Ms MacDonald complained to Television New Zealand Limited, the broadcaster, that the item, which she said was broadcast on 7 September 1999, was fabricated and totally wrong. As the ex-wife of the dead man and on behalf of his two young sons, she said they had been devastated by the report. She sought a correction from the broadcaster. TVNZ responded that "a second news item following the autopsy" had not been published because of editorial pressures. It agreed that a later explanation should have been aired, and advised Ms MacDonald that it had been broadcast on Teletext on 10 September....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on the new Emissions Trading Scheme reported that “farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030” and that “agriculture is our biggest polluter” – allegedly inaccurate FindingsStandard 5 (accuracy) – acceptable shorthand for communicating a scientific concept to the audience – viewers would not have been misled – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Wednesday 18 November 2009, discussed the Government’s new Emissions Trading Scheme. The news presenter introduced the item by saying: Farmers may have to fork out an extra $3000 a year in pollution taxes by the year 2030. The Prime Minister says the Agricultural Sector must pay its share under the Emissions Trading Scheme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host said that obese children “should be taken away from their parents and put in a car compactor” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – comment was light-hearted and intended to be humorous – not upheld This headnote does not form part of the decision. Broadcast [1] At the beginning of Breakfast, broadcast on TV One between 6. 30am and 9am on 3 February 2009, the programme’s presenters outlined the upcoming items for the day. One host stated, “should obese children be taken away from their parents? That is what Australian experts are suggesting – well, some of them anyway. We’ll wade into the debate after 7”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item on puppies being euthanized by Invercargill City Council – included interview with the mayor of Invercargill – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns did not relate to a material point of fact – not upheld Standard 6 (fairness) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast’s news segment, broadcast on TV One at 8. 05am on Thursday 20 August 2009, reported on puppies being destroyed by Invercargill City Council. The presenter stated: Invercargill’s Mayor is standing by his Council amid accusations that it’s unnecessarily killing puppies....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported allegations by several caregivers that they had been instructed to "assist" clients with masturbation and sex toys – allegedly in breach of children's interests Findings Standard 9 (children's interests) – adult nature of item clearly signposted – subject matter handled discreetly and sensitively – unsupervised child viewers unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Tuesday 21 October 2008, was announced at the beginning of the programme as follows: Tonight, an adult subject, we advise discretion. There are allegations tonight that caregivers of the intellectually disabled are being given explicit training to help clients reach sexual satisfaction. We hear from those workers who say they were demeaned and disgusted....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Billy Connolly’s World Tour of New Zealand – repeated use of the word “fuck” by comedian – allegedly in breach of good taste and decency standardsFindings Standard 1 (good taste and decency) – language not unexpected – contextual factors – clear warning given – not upheldThis headnote does not form part of the decision. Broadcast [1] Billy Connolly’s World Tour of New Zealand was broadcast on TV One at 9. 40pm on 3 April 2005. The programme followed the well-known Scottish comedian around New Zealand, and included extracts from his live stage appearances. Complaint [2] W A Crouch made a formal complaint to Television New Zealand Ltd, the broadcaster, in respect of the comedian’s repeated use of the word “fuck”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – item on Turkey’s potential entry into the European Union – interview with London correspondent – comments allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – matters complained about were not the controversial issue of public importance under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) and guideline 6g (denigration) – item did not denigrate Turkish people – no other grounds of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] Tonight broadcast a three-part item on 4 October 2005 at 10. 30pm covering the possible entry of Turkey into the European Union (EU). The first part of the item was an introductory piece by the Tonight presenter which briefly outlined the outcome of a meeting in Luxembourg....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item regarding the death of actress Janet Leigh who starred in the movie “Psycho” – segment included the scene in which her character was stabbed to death in the shower – allegedly contrary to children’s interestsFindingsStandard 9 (children’s interests) – clearly identified film clip – not realistic – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 October 2004 reported on the death of actress Janet Leigh, who had starred in the Alfred Hitchcock thriller “Psycho”. The segment included a scene from that movie in which Ms Leigh’s character was stabbed to death in the shower. Complaint [2] On behalf of Viewers for Television Excellence Inc....

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

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....

ComplaintSpace – interview with rock group Pantera – language – fuck – motherfucker – offensive – standard G2 upheld by broadcaster – warning acknowledged as inadequate – action taken to improve warnings FindingsDecline to determine – s. 11(b) – attempt by complainant to re-litigate conviction for use of obscene language under Telecommunications Act This headnote does not form part of the decision. Summary "Pantera", a heavy metal band, was interviewed on Space which was broadcast on TV2 on 11 May 2001 starting at 10. 25pm. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the language in a programme aimed at young people was obscene. In response, TVNZ noted that the interview included the words "fuck" and "motherfucker". It referred to the programme’s AO rating and time of broadcast, and said that the language used was part of the "Pantera persona"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item contained graphic of sign “For Sale, NZ SOEs” – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – graphic displayed in the introduction was not a “material point of fact” – given the extensive coverage on the Government’s proposed partial asset sales, viewers would not have been misled – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on the continuing debate over who owns New Zealand water, as part of the wider discussion about the Government’s proposal to sell state-owned enterprises (SOEs). A graphic of a sign saying, “For sale, NZ SOEs” was displayed behind the newsreader during the 18-second introduction to the item. The item was broadcast on TV One on 10 July 2012....

Download a PDF of Decision No. 1993-159:Greenpeace New Zealand Inc and Television New Zealand Ltd - 1993-159 PDF1. 53 MB...

Download a PDF of Decision No. 1991-065:Effron and Television New Zealand Ltd - 1991-065 PDF372. 4 KB...

Summary[This summary does not form part of the decision. ]An episode of Cold Feet, a British comedy-drama series which followed the intertwining lives of three couples at different stages in their relationships, contained sex scenes. The Authority did not uphold a complaint that the sex scenes breached the children’s interests and good taste and decency standards. Cold Feet was not targeted at child viewers, it was classified Adults Only and broadcast during an appropriate timeband, and was preceded by a specific warning for sex scenes. The level of sexual content was not overly explicit and was justified by the episode’s narrative context. Overall the broadcaster adequately ensured child viewers could be protected from adult content, and the episode would not have offended or surprised the general viewing audience....

Summary[This summary does not form part of the decision. ]A short news item during Breakfast reported that the body of a German hostage, who had been beheaded by militants in the Philippines, had been recovered. The Authority did not uphold a complaint alleging that the item depicted a ‘severed head’, which was offensive and unacceptable to broadcast, especially during a time when children were likely to be watching television. In the context of a very brief news report, the item would not have exceeded audience expectations and would not have unduly offended or disturbed viewers. The content shown was not graphic or at a level which required a warning to be given, and the story carried public interest....

Summary[This summary does not form part of the decision. ]A brief item on 1 News discussed a protest in Christchurch against Vero Insurance (Vero) regarding outstanding insurance claims. The item contained footage of the protestors and the newsreader stated that ‘[One of the protestors] says Vero has kept them locked in a virtual prison for seven years. ’ The broadcaster upheld a complaint from Vero under the balance and fairness standards, as Vero ought to have been given an opportunity to comment. Vero referred the complaint to the Authority on the basis it was dissatisfied with the action taken by the broadcaster in response to its original complaint, and it also maintained that the accuracy standard was breached. The Authority did not uphold the complaint, finding the statement complained about was a statement of opinion and therefore the accuracy standard did not apply....

Summary[This summary does not form part of the decision. ]A complaint about a promo for Children Who Kill, broadcast at 5:30pm on a weekday during an episode of The Chase, has not been upheld by the Authority. The promo featured footage of a young boy and girl, with a voiceover explaining that the young boy murdered the girl and asking ‘should children who commit murder die behind bars? ’ The Authority did not uphold this complaint under the children’s interests or violence standards. The Authority found the promo did not go beyond the expectations of The Chase or TVNZ 1’s mature target audience. The Authority further noted that while murder and death are adult themes, the promo itself did not contain any unduly disturbing or graphic images or detail that required the restriction of the broadcaster’s right to freedom of expression....