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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-003 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID AITCHISON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-034 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK EDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryA special Assignment programme broadcast on TV One on 31 May 1998 at 6. 30pm focused on the trial of Malcolm Rewa, accused and found guilty of a large number of sexual attacks on women. It replaced the advertised Our World programme. Mrs Mitchell complained to Television New Zealand Ltd, the broadcaster, about the time of the broadcast, which she said breached standards of good taste and decency, and the fact that it replaced a programme watched unsupervised by many children. She noted that no warning had been given about the change to the schedule, but even if it had, she observed, many families would not have been aware of the warning. In its response, TVNZ noted that Rewa’s trial, which had concluded the previous day, had elicited a great deal of public interest....

Summary The lead story on One Network News on 14 February 1999 at 6. 00pm reported a fatality at Western Springs Speedway in Auckland. Footage of the accident showed a spectacular crash before the driver was flung out, crushed by his car and killed. That footage was repeated during the item. Mr Allison of Nelson complained to Television New Zealand Ltd, the broadcaster, that the footage was offensive, distasteful, and showed a callous disregard for those close to the victim and for all viewers. He objected to its graphic nature and the fact that it was shown without warning during early evening family viewing time. TVNZ responded that the item’s emphasis was on how the accident had occurred and why the driver’s safety harness had failed. The accidental death was, it contended, a matter of public concern and interest, particularly as it occurred at a public event....

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Grassroots Business – included report from Telecom representative which promoted a Telecom product or service – failed to distinguish between programme and advertising material – Standard 8 and Guideline 8a – TVNZ upheld complaint – TVNZ advised clarity required in any future series – complainant dissatisfied with action taken and referred action taken to Authority – a second complaint that other sponsors’ products and services also not clearly distinguished – not upheld by TVNZ – also referred to AuthorityFindings i) Standard 8 – broadcaster retained editorial responsibility – not upheld ii) Action taken – sufficient in the circumstances – complaint is a reminder to all broadcasters of obligations under Standard 8 – not upheldThis headnote does not form part of the decision. Broadcast [1] Grassroots Business was shown on TV One on Saturday mornings at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item on New Zealand’s poor record of child abuse – recited list of recent cases of abuse and murder – presenter referred to “father” as perpetrator – allegedly inaccurate and unbalanced Findings Principle 4 (balance) – balance aspect of complaint more appropriately dealt with under Principle 5 (accuracy) – statements of fact rather than particular perspective or opinion – not upheld Principle 5 (accuracy) – item later clarified that perpetrators often male figure other than natural father – overall item not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Holmes, broadcast on TV One on 30 June 2004, concerned New Zealand’s record of child murder and abuse....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on poll results showing an increase in support for New Zealand becoming a republic – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – poll results presented accurately – no need to authenticate presenter’s statements or explain why survey was commissioned – not upheld Standard 6 (fairness) – individuals referred to treated fairly – 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 Friday 2 January 2009, reported on the results of a recent poll showing an increase in support for the view that New Zealand should become a republic....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – two “coming up” promos and opening segment of One News reported that an actor had been “gunned down” by police – allegedly inaccurate and unfair Findings Standard 5 (accuracy) – use of the term "gunned down" not misleading – not upheld Standard 6 (fairness) – police representative was given opportunity to explain why the shooting occurred – police treated fairly – not upheld This headnote does not form part of the decision. Broadcast [1] A “coming up” promo for One News was broadcast at 5. 41pm on Thursday 27 July 2009. The promo included a brief report which stated: Coming up on tonight’s One News, an actor is gunned down by police in a suburban Auckland street. [2] A second promo for the news was broadcast at 5....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Gathering Storm – use of obscene language in a PGR classified film – allegedly in breach of good taste and decency and programme classificationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning not necessary – not upheldThis headnote does not form part of the decision. Broadcast [1] The Gathering Storm screened on TV One at 9. 15pm on 7 January 2006. It was a dramatised documentary about the life of Winston Churchill during the period between the two world wars. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that despite the programme being rated PGR, it contained objectionable language, and no warning had been given....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – repeat episode at 7am on a Sunday morning – reported controversy over recent photographs in Pavement magazine – showed photographs of topless 19-year-old girl – allegedly in breach of children’s interests. FindingsStandard 9 (children’s interests) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat episode of the current affairs programme Sunday was broadcast on TV One at 7am on Sunday 29 October 2006. One item reported controversy over a recent magazine spread in Pavement magazine, which some people argued contained sexualised images of girls as young as 11 years of age. The programme featured photographs from the magazine, including several shots of a topless 19-year-old girl, and showed advertisements with models adopting suggestive poses....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory applications for production of field tapes – documentary entitled Monster of Berhampore about alleged child abuse in Berhampore Children’s Home – complainant alleging programme unbalanced – seeking disclosure of additional material not broadcast by TVNZDecision on interlocutory applicationField tapes not required to determine relevant issues – applications declined – Authority will seek submissions on substantive issuesThis headnote does not form part of the decision. Background[1] At 7:30 pm on 1 May 2005, during Sunday, Television New Zealand Ltd broadcast an item entitled The Monster of Berhampore. The subject of the item was Walter Lake, who during the 1950s and 1960s had run the Berhampore Children’s Home in Wellington. [2] The documentary interviewed a number of former residents of the home who alleged that Mr Lake had sexually abused them....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – headline used phrase “… National extends its middle finger…” – allegedly breached requirement for good taste and decencyFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The following headline was broadcast on Tonight, which screened on TV One at 10. 35pm on 10 March: The Government extends the hand of cooperation over race issues but National extends its middle finger in response. The headline referred to a refusal by National Party leader Dr Brash to the Government’s invitation to take part in a proposed inquiry into race issues. Complaint [2] Mrs Harrison complained that the headline breached standards of good taste and decency....

ComplaintShred – offensive behaviour – offensive language – sexually explicit graffiti named people living in Ohakune – privacy of named individuals breached FindingsG2 – currently accepted norms of decency and taste – uphold Privacy – no private facts disclosed – no uphold OrderBroadcast of statementCosts of $1000 to Crown This headnote does not form part of the decision. Summary Graffiti seen on a playground structure in Ohakune formed the basis for a skit on the snowboarding programme Shred, broadcast on TV2 at 10. 30pm on 7 September 2000. The presenter read out some of the sexually explicit graffiti, which included the first names of several people. Dennis Beytagh complained to Television New Zealand Ltd that he objected "in the strongest possible terms" to the content of the programme. He said he had never heard nor seen such explicit obscenities and descriptions of aberrant sexual practices being broadcast....

ComplaintSki Season – series about ski season on Treble Cone and people who worked on the ski field – complainant’s work ethic questioned on the item FindingsStandard 3, Privacy principles (i) and (iv) – no disclosure of highly offensive private facts – facts disclosed not used to abuse or ridicule – no uphold This headnote does not form part of the decision. Summary [1] The series Ski Season examined the operations of Treble Cone ski field and the people who worked there. The episode complained about dealt with the stresses at the start of the season and was broadcast on TV One at 8. 00pm on 23 July 2003. [2] Chris Strange complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the item had portrayed him as an unreliable employee....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for Benidorm – showed a man being slapped in the face by two different women – allegedly in breach of law and order, children’s interests and violence standards Findings Standard 2 (law and order) – promo did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 10 (violence) – violence was slapstick humour – broadcaster exercised care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for three comedy programmes Bonkers, Benidorm and The Sunshine Girls was broadcast on TV One at 12. 27pm on Thursday 18 October 2007....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Babel – young female movie character shown exposing her genitals at approximately 9. 01pm – allegedly in breach of good taste and decency, children's interests and responsible programming standards FindingsStandard 1 (good taste and decency) – genital nudity brief and indistinct – relevant to storyline – contextual factors – not upheld Standard 9 (children's interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – movie correctly classified AO – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Babel was broadcast on TV One at 8. 30pm on Saturday 14 August 2010. The film followed four seemingly unrelated stories about people living in different parts of the world that eventually intertwined and led back to a powerful gun bought by a Moroccan goat herder....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Game of Two Halves – included woman whipping a man’s partially bare buttocks – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) and Standard 10 (violence) – segment was distasteful and gratuitous but upholding complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] Game of Two Halves, a sports quiz show featuring two teams of various sporting personalities, screened on TV One at 9. 45pm on 1 August 2008. The teams were captained by sporting personalities Marc Ellis and Matthew Ridge. [2] At the end of the episode, the captain of the losing team had to undergo what was called the “Studio Forfeit”, in which the opposing team inflicted light-hearted punishment....