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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-166 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARY KENNEDY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....
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....
Complaint 5 o’clock with Jude Dobson – naturopath promoted soy products as being efficacious for menopausal women – unbalanced – inaccurate FindingsAdvertising programme within the meaning of s. 2 of the Broadcasting Act 1989 and therefore not within the Authority’s jurisdiction – decline to determine This headnote does not form part of the decision. Summary During an item on 5 o’clock with Jude Dobson broadcast on TV One on 4 July 2000, a guest promoted the use of Blackmore’s soy products as being healthy and offering relief against menopausal symptoms. A second 5 o’clock with Jude Dobson programme, broadcast on 6 July referred to a soy-based product. Richard James complained to Television New Zealand Ltd that the programmes were deceiving to viewers as they were actually a commercial promotion, and that it was inaccurate to claim that soy products had a palliative effect on menopausal symptoms....
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....
Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – light-hearted commentary on a TV3 presenter’s telephone call to Wellington High Court about Justice Ron Young who was hearing TV3’s appeal against some decisions of the Broadcasting Standards Authority – Holmes presenter (Paul Holmes) said that TV3’s presenter (John Campbell) had been getting it “up the chutney” at the appeal hearing – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldObservation When complaint referred to the Authority under s. 8(1)(b) in which there is doubt whether broadcaster has had the opportunity to investigate the complaint, the Authority will clarify processes with the broadcaster before formal action initiatedThis headnote does not form part of the decision....
Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Real Crime: Interview with a Serial Killer – contained part of an interview with a serial killer who stated that he had snapped a woman’s neck – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – promo contained adult themes which would have disturbed and alarmed child viewers – promo incorrectly classified G – broadcaster did not adequately consider the interests of child viewers – upheld OrderSection 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] A promo for the programme Real Crime: Interview with a Serial Killer was broadcast at 5. 25pm on Wednesday 16 September 2009. It was shown in the G (General) timeband, directly after a One News update and just prior to a G-rated programme, Australian MasterChef....
ComplaintAssignment – preview of following week’s item of state of New Zealand railways – interviewees use words "bugger" and "shit-house" – breach of good taste and decency FindingsS. 4(1)(a) – language acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] The closing segment of Assignment broadcast on TV One on 18 October 2001 at 8. 30pm previewed an item to be broadcast the following week about the state of New Zealand’s railways. One of the interviewees used the word "bugger" and another used the word "shit-house". [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the broadcast of the language was "deliberate gutter television" and contrary to good taste and decency....
ComplaintOne News – item about HIV positive man facing charges of sexual offending – HIV status irrelevant to criminal allegations – broadcaster did not respect principles of law - unbalanced – impartial – unfair – broadcaster not mindful of effect on children – item caused unnecessary panic, alarm and distress FindingsStandard G5 – standard concerned with maintenance of law and order – possible breach of law beyond Authority’s jurisdiction – no uphold Standard G16 – broadcast did not cause "unnecessary" alarm – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6. 00pm on 23 November 2000 described the court appearance of a North Shore teacher who faced 20 charges in relation to sex offences allegedly committed against six boys. The news item described the man, whose name had been suppressed, as having tested HIV positive....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Benidorm – character made a comment about his wife’s vagina looking “like a pair of padded coat hangers” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Benidorm was broadcast on TV One at 9. 30pm on 28 September 2007. The programme was a British comedy set in an all-inclusive package holiday resort inhabited by a range of different characters. Among them was a couple of middle-aged swingers, Donald and Jacqueline, who were prone to scaring people with inappropriate details of their lives....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Renters – item showing dispute between tenant and rental agent – allegedly in breach of privacy, also unbalanced, inaccurate and unfairFindings Standard 3 (privacy) – no private facts disclosed – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 5 (accuracy) – subsumed under Standard 6 Standard 6 (fairness) – not unfair – not upheld. This headnote does not form part of the decision. Broadcast [1] An item on Renters on TV2 at 8pm on 17 February 2005 showed an altercation between a tenant and a rental agent. The tenant argued with the agent about a sign in the downstairs window which had led to prospective tenants pestering him in the upstairs flat....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-088 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE REV CANON GERALD HADLOW of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
SummaryA Fair Go item broadcast on TV One on 5 August 1998 dealt with the attempt by a motor vehicle dealer to repossess a couple’s car. It was reported that the owner of the company had been fined by the Motor Vehicle Dealers Institute for misconduct. Mr Radisich, through his solicitor, complained to Television New Zealand Ltd that the broadcast was unfair, unbalanced and impartial because it was the company, and not the individual, which had been fined. In its response, TVNZ pointed out that Mr Radisich, as Chief Executive, was responsible for the company’s business and it did not consider that the item had been unfair to name him. It advised that it was unable to find any aspect which lacked balance or impartiality and declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Radisich’s solicitor referred the complaint to the Broadcasting Standards Authority under s....
Summary[This summary does not form part of the decision. ]An episode of Neighbours at War featured a dispute between a group of neighbours over a right of way. Two sets of neighbours alleged that their neighbours, a couple (Mr and Mrs X), had been threatening and harassing them. The Authority upheld aspects of a complaint from Mr and Mrs X that the episode was unfair and breached their privacy. The Authority also determined that the broadcaster did not take sufficient action having upheld one aspect of the complainants’ original fairness complaint. The programme contained potentially damaging allegations against the complainants and did not present their side of the story....
Summary[This summary does not form part of the decision. ]An item on Fair Go reported on the stories of two families (A and B) and their experiences with The Welcome Home Foundation (now called the Home Funding Group) (together, HFG). Both families claimed that they lost money through their involvement with HFG, which provided financial support and the ability to hold money ‘on trust’ towards a deposit for a home. The Authority did not uphold a complaint from the director of HFG, Luke Atkins, that the broadcast breached the accuracy, fairness and balance standards. While one aspect of the item was found to be inaccurate by the broadcaster, the Authority found that the action taken in the circumstances was sufficient....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Piha Rescue – episodes showed rescues involving unidentified surf schools at Piha – showed confrontation between an unidentifiable surfing instructor and lifeguards when lifeguards attempted to rescue students and instructor resisted – allegedly in breach of fairness and accuracy standards FindingsStandard 6 (fairness) – no surf school was named in 12 March episode and the narrator referred to surf schools in a general way only – Piha surf schools not treated unfairly – the Piha community and surf coaching industry are not “organisations” for the purposes of the fairness standard – 12 March episode not unfair – 19 March episode captured events accurately and fairly and footage not unfairly edited – viewers were left to make up their own minds about the incident – Mr Wallis was not identifiable – Mr Wallis’ perspective was clear from his comments that were included in the…...
Summary [This summary does not form part of the decision. ]Two items broadcast on Te Karere reported on Green MP Marama Davidson’s experiences as part of the ‘Women’s Boat to Gaza’ protest, which aimed to draw attention to Israel’s naval blockade of Gaza. The Authority upheld a complaint that the reporter’s reference during the first item to the ‘illegal’ Israeli blockade was inaccurate. The legality of the blockade was a contentious and unresolved issue, with two UN reports taking conflicting positions on the point. The Authority therefore considered that the broadcaster should have qualified its statement with reference to the disputed legality of the blockade, rather than referring to it unequivocally as illegal....
ComplaintThe Chimp Channel – animals trained to perform unnatural behaviours – bad taste – bad effect on children – insensitive FindingsStandard G2 – not in bad taste – no uphold Standard G12 – broadcaster apparently mindful of children – no uphold Standard V17 – animals not humiliated or badly treated – no uphold This headnote does not form part of the decision. Summary The Chimp Channel was screened weekly on TV2 at 5. 30pm on Saturdays. It was a comedy series set in a television studio in which most of the actors were animals. Melanie Vivian complained to Television New Zealand Ltd, the broadcaster, that it was contrary to animal welfare for animals to be trained to perform "unnatural behaviours"....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the release of the Government’s Budget that day – discussed impact of the budget on a range of New Zealanders including three “high earners” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – brief references to the incomes of three high earners did not amount to a discussion of a controversial issue – not upheld Standard 5 (accuracy) – statements about the impact of the budget on three high earners were not material points of fact – viewers would have understood that the point being made was that they would have more money each week than lower earners – not misleading or inaccurate – not upheld Standard 6 (fairness) – references to incomes of high earners did not result in them being treated unfairly – not upheld This headnote does not…...