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Decisions
Johns and Television New Zealand Ltd - 1999-201, 1999-202
1999-201–202

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Gunn and Television New Zealand Ltd - 2000-118
2000-118

ComplaintDawson’s Creek – teen drama – references to sex and condoms – incorrect PGR classification – unsuitable for childrenFindings(1) Standard G8 – fictional drama – teenage target audience – content not gratuitous – no uphold (2) Standard G12 – properly classified PGR and screened in PGR time – no uphold This headnote does not form part of the decision. Summary An episode in the Dawson’s Creek series was broadcast on TV2 at 7. 30pm on 6 June 2000. Maree and Andrew Gunn complained to Television New Zealand Ltd, the broadcaster, that the programme contained many explicit references to sex and a "graphic, trivial discussion on the selection of condoms". They considered that this material was unsuitable for younger viewers, and that the programme ought to have been rated AO rather than PGR....

Decisions
Brooks and Television New Zealand Ltd - 2010-035
2010-035

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item looked at the disputed territory of East Jerusalem – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – both sides given adequate opportunity to explain their point of view – broadcaster provided viewers with the significant viewpoints required – not upheld Standard 5 (accuracy) – UNICEF representative’s comments were opinion – Mr Kuttner provided his opinion on evictions and explained why barriers and guards were needed – viewers would not have been misled – not upheld Standard 6 (fairness) – Mr Kuttner given opportunity to provide his point of view on the issues discussed – dealt with fairly by broadcaster – not upheld This headnote does not form part of the decision....

Decisions
Lord and Television New Zealand Ltd - 1998-083
1998-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-083 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Findlay and Television New Zealand Ltd - 2008-100
2008-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Life on Mars – included a brief scene of a man having his hand held down and hit with a telephone receiver – allegedly in breach of law and order and violence Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 10 (violence) – promo was rated PGR – violence was fleeting – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Life on Mars, a British science fiction and police drama television series, was broadcast during One News at 6pm on TV One on Monday 23 June 2008. [2] The promo included a brief scene of a man being interrogated....

Decisions
Topline International Ltd and Television New Zealand Ltd - 2003-002
2003-002

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....

Decisions
Bennett and Television New Zealand Ltd - 2003-069
2003-069

ComplaintMercury Lane – promo – reference to pubic hair – broadcast during Son of God on Good Friday at 10. 30am – offensive – unsuitable for children FindingsStandard 1 – spoken not visual reference – context – no uphold Standard 9 – children not unfamiliar with nudity – no uphold This headnote does not form part of the decision. Summary [1] A question to an artist about the public reaction to the portrayal of pubic hair was included in a promo for Mercury Lane, a programme about the arts. The promo was broadcast at about 10. 30am on Good Friday during the screening of the documentary Son of God, which reported the results of a scientific examination into issues raised about Jesus Christ. [2] Carole Bennett complained that the broadcast of the promo, during family viewing time, was disgusting....

Decisions
FL, Elliott, Herrmann and MacDonald and Television New Zealand Ltd - 2002-067, 2002-068, 2002-069, 2002-070
2002-067–070

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....

Decisions
McNaughton and Prime Television New Zealand Ltd - 2005-109
2005-109

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Thing Called Love – promo – AO rated programme – promo screened at 7. 10pm – PGR time band – host programme rated G – allegedly offensive, contrary to children’s interests and incorrectly classifiedFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – PGR-rated promo broadcast during G-rated host programme in breach regardless of time band – upheld Standard 9 (children’s interests) – majority – PGR rating acknowledged children’s interests – minority – promo should have been rated AO – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified programme, A Thing Called Love, was screened on Prime Television around 7. 10pm on 19 August 2005, during the PGR time band....

Decisions
Swale and Television New Zealand Ltd - 2003-098
2003-098

ComplaintLexus Sunday Theatre: Hound of the Baskervilles – Promo – Jesus Christ – blasphemy FindingsStandard 1 and Guideline 1a – context – no uphold Standard 6 and Guideline 6a – did not encourage denigration – no uphold This headnote does not form part of the decision. Summary [1] "Jesus Christ" was the phrase uttered by a character shown in the promo for The Hound of the Baskervilles. The promo for the Sherlock Holmes drama, to be screened on "Lexus Sunday Theatre", was broadcast on TV One at about 7. 15pm on 31 May 2003. [2] Evan Swale complained to Television New Zealand Ltd, the broadcaster, that use of the phrase "Jesus Christ" was denigratory, and insulting and offensive. [3] In response, TVNZ acknowledged that the use of the phrase in that way could cause offence to devout Christians....

Decisions
Williams and Television New Zealand Ltd - 2003-184
2003-184

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....

Decisions
Schwabe and Television New Zealand Ltd - 2001-033
2001-033

ComplaintOne News – Hector dolphins on the Avon river – comment from observer – "just watching dolphins…sitting like a dork in the rain – use of term "dork" offensive Findings Standard G2 – no breach of good taste and decency – no uphold This headnote does not form part of the decision. Summary The word "dork" was used by a man interviewed during an item on Hector dolphins, broadcast on One News on 28 November 2000 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word dork, which he described as a "gutter word for penis" was irrelevant to the appearance of the dolphins. He contended that it should not have been broadcast in an early evening item of high interest to children....

Decisions
Makea and Television New Zealand Ltd - 2012-028
2012-028

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australian Open Tennis Championships – reporter commented with regard to Serena Williams’ performance, “The American was almost schizophrenic – she hit four double faults in one game, as well as an ace” – allegedly in breach of discrimination and denigration, and accuracy standards Findings Standard 7 (discrimination and denigration) – term “schizophrenic” was used colloquially as an adjective to describe Ms Williams’ sporting performance – comment did not carry any invective or malice – use of the term did not encourage discrimination against, or the denigration of, people with mental illness as a section of the community – not upheld Standard 5 (accuracy) – use of term “schizophrenic” was not a statement of fact – amounted to commentary and was therefore exempt from standards of accuracy under guideline 5a – not upheld This headnote does not form part of the…...

Decisions
Charley and Television New Zealand Ltd - 2012-073
2012-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Media 7 – included interview with investigative journalist and foreign correspondent – made comments that were critical of a reporter and her story which was broadcast on Australian current affairs show Dateline – allegedly in breach of standards relating to fairness and accuracy FindingsStandard 6 (fairness) – Media 7 is a programme with very high value in terms of freedom of expression – the ability to analyse, review and critique media is essential to the functioning of a healthy democracy – the Dateline item was ambiguous in terms of its presentation of eye witnesses – the important principle of freedom of speech that public officials are open to criticism in their professional capacity applies equally to journalists, particularly as they are familiar with how media operate – criticisms overall were aimed at Ms Hakim in her professional, as opposed to personal, capacity –…...

Decisions
Family First New Zealand and Television New Zealand Ltd - 2011-065
2011-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigated the “purity movement” in the United States – after the item the presenter stated, “Well as you’ve heard earlier, the attrition rate is a big one. Lots of girls grow up and question the commitment they’ve made. It is believed that more than 80 percent break their purity vows” – statement allegedly inaccurate FindingsStandard 5 (accuracy) – presenter’s statement distinguishable as commentary on what was said in the item – exempt from accuracy under guideline 5a – not upheld by majority This headnote does not form part of the decision. Broadcast [1] During Sunday, broadcast on TV One at 7. 30pm on 3 April 2011, an Australian Channel 7 story, entitled “Thrill of the Chaste”, investigated the “purity movement” in the United States....

Decisions
Patterson and Television New Zealand Ltd - 2010-127
2010-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on proposed brothel aimed at women – contained interview with owner – promo shown during One News – both item and promo allegedly in breach of good taste and decency, controversial issues, responsible programming, and children’s interestsFindingsStandard 1 (good taste and decency) – promo and item covered legitimate story – neither broadcast contained visuals of brothels or sex workers – contextual factors – not upheld Standard 4 (controversial issues) – focus of promo and item was Ms Corkery – neither contained a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcasts [1] A promo for Close Up was broadcast during an episode of One News on TV One at 6. 25pm on Monday 16 August 2010....

Decisions
Ryan and Television New Zealand Ltd - 2011-004
2011-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – teaser for upcoming item on Prince William and Kate Middleton – presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot? ” – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) and Standard 5 (accuracy) – complaint trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] One News Tonight, broadcast on TV One at 7pm on Tuesday 9 November 2010, contained a brief, five-second teaser for an upcoming item on Prince William’s engagement to Kate Middleton. The presenter stated, “Will they, won’t they? Is the next King of England set to tie the knot?...

Decisions
Boyce and Clow and Television New Zealand Ltd - 2000-011, 2000-012, 2000-013
2000-011–013

SummaryFootage showing a man who had his genitals stapled to a cross – which was then set alight – was included on Havoc 2000 Deluxe broadcast on TV2 at 10. 00pm on 9 November 1999. The programme also included a sequence where one of the presenters asked a woman on the street if she would consider "a blow-job for four [dollars]". The programme broadcast on 16 November included reaction to the incident. Simon Boyce and Carey Clow both complained to Television New Zealand Ltd, the broadcaster, that the sequence showing the man nailing his genitals to the cross was indecent and breached broadcasting standards. Mr Boyce also complained about the approach made to the woman on the street, and Mr Clow complained about the programme broadcast the following week which referred to the stapling incident and the reaction to it....

Decisions
Boyce and Television New Zealand Ltd - 2000-074
2000-074

ComplaintHolmes – Employment Relations Bill – unbalanced – unfair FindingsStandard G6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary The introduction of the Employment Relations Bill was the subject discussed on Holmes broadcast on TV One on 14 March 2000 beginning at 7. 00pm. The Minister of Labour, a trade union representative, an employer representative and the Opposition spokesperson debated some of the issues. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the discussion simplified the highly complex legislation so much that many important concepts, such as collective bargaining, had not been explained. Furthermore, he complained that the participants had not received equal time. TVNZ responded that it did not believe the absence of an explanation about collective bargaining was a breach of broadcasting standards....

Decisions
Smits and Television New Zealand Ltd - 2001-107, 2001-108
2001-107–108

ComplaintSpace – two items about visits to studio which makes porn videos – promoted pornography – offensive and unbalancedFindingsStandard G2 – not offensive in context – no uphold Standard G6 – not a serious item – satirical – no uphold This headnote does not form part of the decision. Summary Items on the magazine programme Space showed one of the hosts visiting a business which made pornographic videos and trying to sell a script. The items included some interviews with people in the business, and contained shots of the host in a spa pool with four topless women. The items were broadcast at 10. 25pm on both 1 and 8 June 2001 on TV2. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the items promoted pornography, and thus were offensive and unbalanced....

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