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Barker and Television New Zealand Ltd - 1997-187
1997-187

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-187 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GLENYSS A BARKER of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Rawlings and Television New Zealand Ltd - 1998-103
1998-103

Summary Some dissatisfaction expressed by three purchasers of cars from Saevue Motors in New Plymouth was considered in an item broadcast on Holmes, between 7. 00–7. 30pm on 11 December 1997. The possibility of odometer tampering was raised. Mr Rawlings complained to Television New Zealand Limited, the broadcaster, that the item was unbalanced and unfair. He noted that there had been no effort to gauge the extent of the problem among the company's total customer base, and he claimed that the company was portrayed as a "monster". On the basis that the information contained in the item justified the investigation, TVNZ reported that it had tried unsuccessfully to persuade the company to participate in the programme. It declined to uphold any aspect of the complaint. Dissatisfied with TVNZ’s decision, Mr Rawlings referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Hodgkinson and Television New Zealand Ltd - 2002-107
2002-107

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1, Guideline 1a – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 14 May 2002 at 9. 35pm on TV One included a scene of two males having sex in a car park. [2] Rob Hodgkinson complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and unacceptable even for "adult only" viewing. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Hodgkinson referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Van Duyn and Television New Zealand Ltd - 2001-130
2001-130

ComplaintLate Edition – Breakfast – alleged rat infestation in Helensville – no evidence of rats – community views not sought – item unfair and unbalanced FindingsStandard G14 – item failed to uphold standards of accuracy, impartiality and objectivity – uphold OrderCosts of $500 to Crown This headnote does not form part of the decision. Summary An item broadcast on TV One on Late Edition on 6 June 2001, and on Breakfast on 7 June 2001, dealt with an alleged infestation of rats in and around Helensville. Hans Van Duyn complained to Television New Zealand Ltd, the broadcaster, that the item was unfair and lacked balance. He said the only person interviewed was a former Helensville Mayor, Mr Eric Glavish, who had his own "reasons or agenda to make unsubstantiated allegations"....

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

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
Nicol and Television New Zealand Ltd - 2003-070
2003-070

ComplaintHolmes – coverage of rally driver Possum Bourne’s funeral service – tribute by eight-year-old son – breach of child’s privacy FindingsStandard 3 and Guideline 3a – Privacy Principle (vii) – best interests of child considered by broadcaster – no uphold This headnote does not form part of the decision. Summary [1] Coverage of rally driver Possum Bourne’s funeral service was broadcast on Holmes on TV One at 7. 00pm on 6 May 2003. The item included the tribute made by his eight-year-old son, Taylor Bourne. [2] Kevin Nicol complained to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item, broadcast by Television New Zealand Ltd, breached the child’s privacy....

Decisions
Smits and Television New Zealand Ltd - 2002-004
2002-004

ComplaintSpace – music video – Massive Attack – focused on stripper – full frontal nudity – offensive behaviour FindingsStandard G2 – acceptable in context – no uphold This headnote does not form part of the decision. Summary [1] A music video by the band Massive Attack was included as the final item on Space broadcast on TV2 on Friday 17 October 2001, between 10. 30 and midnight. The video showed a stripper going through her routine and finishing with full frontal nudity. Space is a magazine programme containing live music, music videos, and other multi-media events. [2] Mr Smits complained to Television New Zealand Limited, the broadcaster, that the strip routine containing full frontal nudity was offensively gratuitous, and in breach of the standards relating to taste and decency....

Decisions
Thomson and Television New Zealand Ltd - 2000-022
2000-022

SummaryThe experiences of teenagers who had been involved in romantic liaisons which had turned violent were recounted in a documentary entitled Dating Violence screened on TV2 on 11 November 1999 at 8. 30pm. The programme contained interviews with the young women who were presented as victims of such violence, and with two men who had behaved violently. Rob Thomson complained to Television New Zealand Ltd that by showing only women as victims of violence and men as perpetrators, the documentary was biased and unbalanced. He referred to some New Zealand research which he said showed that more women than men were perpetrators of violence. TVNZ noted that while the documentary focused on victims who were women, it did not believe that viewers were invited to draw the conclusion that all such victims were women....

Decisions
Cox and Television New Zealand Ltd - 2010-161
2010-161

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item on education programme established to prevent youth suicide and self harm – included footage of students – allegedly in breach of privacy FindingsStandard 3 (privacy) – students, teachers and parents identifiable but no private facts disclosed in broadcast and filming was in a public place – those shown not particularly vulnerable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on Friday 26 November at 6. 25pm, reported on the establishment of an education programme in a South Auckland community aimed at preventing youth suicide and self-harm. The news reader introduced the item by stating that “Kaumatua gathered to bless a South Auckland school after a number of teen deaths in the area. One is related to a circulating text message promoting self-harm”....

Decisions
Irwin and Television New Zealand Ltd - 2011-171
2011-171

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Intrepid Journeys – dancing champion Brendon Cole visited Vanuatu – locals told him how to kill a chicken using a slingshot – he could not manage to hit it and eventually killed it with his hands – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – programme showed daily reality of a different culture and way of life – was clear that Mr Cole was upset about killing the chicken so viewers were not encouraged by the programme to kill animals in that manner – footage was not gratuitous in context – not upheld Standard 9 (children’s interests) – programme was correctly rated PGR – scene was signposted so parents could exercise discretion with regard to their children’s viewing – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – footage did not…...

Decisions
Gough and Television New Zealand Ltd - ID2012-079
ID2012-079

Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...

Decisions
Hindson and Television New Zealand Ltd - 2013-049
2013-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Go Girls – included brief shot of two men kissing – allegedly in breach of children’s interests and controversial issues standardsFindingsStandard 9 (children’s interests) – kiss was brief and innocuous – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] A promo for the comedy-drama series Go Girls included a brief shot of two men kissing. The promo screened during the host programme Masterchef: The Professionals – Australia which was classified G (General), and was broadcast at about 5. 15pm on 4 June 2013 on TV One. [2] Katherine Hindson made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging the footage of two men kissing was inappropriate to screen during children’s viewing times. [3] Ms Hindson raised the controversial issues and children’s interests standards....

Decisions
Edwards and Television New Zealand Ltd - 1993-043
1993-043

Download a PDF of Decision No. 1993-043:Edwards and Television New Zealand Ltd - 1993-043 PDF444. 79 KB...

Decisions
Brown and Television New Zealand Ltd - 1993-130
1993-130

Download a PDF of Decision No. 1993-130:Brown and Television New Zealand Ltd - 1993-130 PDF313. 11 KB...

Decisions
Growth Through Moderation Society Inc and Television New Zealand Ltd - 1992-057
1992-057

Download a PDF of Decision No. 1992-057:Growth Through Moderation Society Inc and Television New Zealand Ltd - 1992-057 PDF229. 81 KB...

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-040
1991-040

Download a PDF of Decision No. 1991-040:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-040 PDF314. 19 KB...

Decisions
CG and Television New Zealand Ltd - 2013-082
2013-082

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Decisions
O'Connor and Television New Zealand Ltd - 2014-139
2014-139

Summary[This summary does not form part of the decision. ]The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, '[O]bviously as he's speaking in Māori, in te reo, and the vast majority of us aren't going to understand that. . . let's go back to David Cunliffe. . . ' and the broadcast crossed to Mr Cunliffe's speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event....

Decisions
13 Complainants and Television New Zealand Ltd - 2017-101 (4 April 2018)
2017-101

Summary[This summary does not form part of the decision. ]The first two episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9. 45pm on Friday 27 October 2017, and 9. 30pm on Friday 3 November 2017. The essence of the programme is that a clothed individual selects a date from six naked individuals, who are gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Thirteen complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted the programme was broadcast at a time on a weekend night when children were likely to be watching....

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