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Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – statement prior to commercial break referred to volcano eruption and tsunami threat – allegedly misleading and inaccurate Findings Standard 5 (accuracy) and guideline 5b – statement would not have misled or alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Prior to a commercial break during One News, beginning at 6pm on 2 March 2007, presenter Simon Dallow said: Just ahead this news hour, a volcano eruption sparks fears of tsunami. [2] Following the commercial break, One News reported that a volcanic eruption on the island of Stromboli, off the Sicilian coast, had “sparked a warning that it could trigger a tsunami similar to the one that caused widespread damage five years ago”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for The Tudors – contained sequence of brief scenes including woman standing with her arm across her chest, with one breast partly visible, and two shots of male character lying on top of a woman in bed kissing her – allegedly in breach of programme classification and children’s interests standards Findings Standard 7 (programme classification) – majority considered promo was appropriately classified PGR – broadcast during unclassified host programme – not upheld Standard 9 (children’s interests) – majority considered broadcaster considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast at 7. 20am on TV One on Sunday 9 September 2007 during the current affairs programme Sunday....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on court proceedings in which the complainant was found guilty on charges under the Animal Welfare Act 1999 – contained footage of SPCA raid at his property and photographs of cats and dogs – allegedly inaccurate, unfair and in breach of privacy FindingsStandard 3 (privacy) – complainant identifiable – photographs legitimately obtained by SPCA – use of archive footage justified given ongoing interest in Mr Balfour’s activities and properties – footage of dogs in a playpen was innocuous and used as visual wallpaper to report on court proceedings in which Mr Balfour was found guilty of serious charges – footage of Mr Balfour being served with search warrant was not obtained by “prying” – harm to Mr Balfour in terms of underlying objective of privacy standard resulted from conviction, not the item – item did not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

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....

An appeal against this decision was dismissed in the High Court: CIV 2003-485-2658 PDF1. 96 MBComplaintOne News – item about children kidnapped by "Lord’s Resistance Army" in Uganda – raped – tortured – forced to murder – unsuitable for children at that hourFindingsStandard 9 and Guidelines 9a, 9c and 9e – majority – children treated badly – upholdStandard 10 and Guideline 10g – majority – warning necessary in view of violent, disturbing and alarming material – upholdNo OrderThis headnote does not form part of the decision. Summary[1] The brutality suffered by the children kidnapped by the self-styled Lord’s Resistance Army in Uganda was dealt with in an item broadcast on One News, beginning at 6. 00pm on Saturday 5 July 2003. It was reported that as many as 20,000 children had been kidnapped over a period of 17 years and had been tortured, mutilated, raped or forced to kill....

ComplaintFair Go – item about pamphlet distributed by complainant – a legal firm – offering assistance to victims of sexual abuse in dealing with ACC – failed to maintain standards of law and order – unbalanced and complainant’s response presented inadequately – unfair as the victim’s (Sally) waiver whose story told was incomplete – inaccurate – hearing sought in view of numerous complex legal and factual issues – application declined – disclosure of field tape of interview with "Sally" and assorted correspondence sought Decision on disclosure applicationDeclined This headnote does not form part of the decision. INTERLOCUTORY DECISION Background [1] A pamphlet offering assistance to victims of sexual abuse in securing compensation from ACC was distributed by the complainant – a legal firm....

ComplaintStrassman – fuck– offensive language FindingsSection 4(1)(a) – consideration of context required as specified in Standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits – bordering on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 19 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It pointed out that the Broadcasting Standards Authority had declined to uphold an earlier complaint from Mr Schwabe about such language in Strassman....

ComplaintOne News – Gisborne pathologist – misdiagnosis – inaccurate interpretation of statistics; unfair to pathologist FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to report the errors – no uphold This headnote does not form part of the decision. Summary The inquiry into the misdiagnosis of cervical smears in Gisborne was the subject of a report on One News broadcast on TV One on 7 January 2000 between 6. 00–7. 00pm. The item reported that the pathologist’s error rate was 86%. Stuart Slater complained to Television New Zealand Ltd, the broadcaster, that the report was inaccurate and unfair to the pathologist. In his view, an attempt should have been made to provide a neutral, informed commentary against the allegations made. TVNZ responded that its report accurately represented the figures released by the Health Funding Authority and were attributed to it....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 DNZ: Speed Thrills – documentary included footage of young male drivers exceeding speed limit – allegedly encouraged law breaking and glamorised speedingFindings Standard 2 (law and order) and Guidelines 2a, 2b and 2c – did not glamorise, condone or encourage speeding – not upheld This headnote does not form part of the decision. Broadcast [1] The programme DNZ: Speed Thrills was broadcast on TV One on 15 March 2004 at 8. 35pm. It included footage of two young men driving at night in excess of the speed limit. Complaint [2] Alexander Johnston complained to Television New Zealand Ltd, the broadcaster, that the young men were exceeding the speed limit by “considerable margins” and that TVNZ staff must have encouraged them to do so. Otherwise, Mr Johnston wrote, it would have been pointless to have installed cameras in their cars....

Download a PDF of Decision No. 1991-054:Young and Television New Zealand Ltd - 1991-054 PDF399. 53 KB...

*Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]A Seven Sharp item discussed the release of Nicky Hager’s book Dirty Politics and included an interview with Mr Hager. The Authority did not uphold the complaint that the Seven Sharp host was biased and treated Mr Hager unfairly. The host’s comments were clearly his opinion, and Mr Hager was given a fair and reasonable opportunity to put forward his position. Not Upheld: Controversial Issues, Accuracy, FairnessIntroduction[1] An item on Seven Sharp was introduced by the hosts, Mike Hosking and Toni Street, as follows: Hosking: So, question: are we shocked at what Nicky Hager has in his book, Dirty Politics? In a word, I think no. it is not the big exposé Hager claims it is; there is no smoking gun....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/94 Decision No: 37/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J S of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-045 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GALA Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-098 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about woman who was soon to have a mastectomy because of breast cancer – item said woman had been told by a doctor, the complainant, almost a year previously that she had nothing to worry about – same advice said to be given six months later – woman referred to National Women’s Hospital on unrelated matter – woman again expressed concern about a breast lump – Hospital arranged mammogram and tumour revealed – reporter’s investigation allegedly involved breach of privacy and was unfair – item allegedly inaccurate, unbalanced and unfairFindings Standard 3 (privacy – preparation) – preparation did not involve privacy breach – not upheld Standard 6 (fairness – preparation) – manner assertive but not unfair – not upheld Standard 4 (balance – broadcast) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported that a 40-year-old man had been accused of knowingly infecting people with HIV – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – identifiable to limited group of people who had seen the website or the photos – allegation of criminal behaviour not a private fact – HIV-positive status normally a private fact but public interest defence applied – not upheld Standard 6 (fairness) – high level of public interest especially in alerting those who could identify the man – guideline relating to discrimination and denigration not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on TV One on 15 May 2009, was introduced as follows: What kind of person knowingly infects lovers with the HIV virus?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....