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Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...
SummaryA comment made in an item on the programme Midday which was broadcast on TV One on 9 June 1998 referred to the relationship between mortgage rates and wholesale interest rates. Mr Rawson complained to Television New Zealand Ltd that because New Zealand banks operated under a fractional reserve system, the comment was inaccurate and misleading. TVNZ advised Mr Rawson that it had undertaken research into his complaint which had verified the item’s statement that banks borrowed from the wholesale money market to lend to their customers, and that when wholesale interest rates rose, lending rates for mortgages generally rose too. Accordingly, it declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Rawson referred the complaint to the Broadcasting Standards Authority, under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....
ComplaintOne News – Australian Governor-General – alleged cover-up of sexual abuse – Merepeka Raukawa-Tait interviewed – suggested Australians were hypocritical as their silence may have contributed to abuse – unbalanced – unfair – inaccurate FindingsStandard 4 and Guideline 4a – item balanced about matter of Governor-General’s tenure – no uphold Standard 5 – item accurate – no uphold Standard 6 and Guideline 6g – no evidence of denigration – no uphold This headnote does not form part of the decision. Summary [1] Controversy over the allegations that the Australian Governor-General, Dr Peter Hollingworth, had covered up sex abuse cases when Archbishop of Brisbane was dealt with in an item on One News, broadcast at 6. 00pm on 22 February 2002. The Chief Executive of Women’s Refuge in New Zealand, Merepeka Raukawa-Tait, when interviewed, suggested that the criticism directed at Dr Hollingworth was hypocritical....
ComplaintHolmes – air accident – advice for travellers to dress as for a bonfire – offensive – sensational – distasteful FindingsStandard G14 – not applicable Standard G16 – perhaps flippant comments but would not cause alarm Standard G20 – not relevant This headnote does not form part of the decision. Summary An item on Holmes, broadcast on TV One on 3 November 2000 beginning at 7. 00pm, gave advice to travellers about how to improve their chances of surviving an aircraft disaster. The item followed an aircraft accident in Taipei. R P Worthington complained to Television New Zealand Ltd, the broadcaster, that the subject matter had been handled in a distasteful manner, and was inflammatory and biased. In the complainant’s view, the way in which the item had been written was particularly offensive....
Summary The programme Video Hits-Chart Show was broadcast on TV2 at 10. 00am on 15 August 1999. This programme featured "top twenty" music videos. Ms Watkins complained to Television New Zealand Ltd, the broadcaster, that the programme was incorrectly classified PGR, and that three video tracks played on the programme contained sexually explicit images and language likely to offend. She said that TVNZ had failed to protect fully very young children, and that it was "blatantly obvious that standard G12 of the Codes had been breached". She also commented that the programme exploited and objectified young women. TVNZ responded that the programme was, in its view, correctly classified and, by attaching a PGR certificate to the programme, it had demonstrated that it was mindful of the programme’s effect on children....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – comment that an earthquake had occurred “just after sunrise” – complaint that earthquake was at least one hour and 45 minutes after sunrise – allegedly inaccurateFindings Standard 5 (accuracy) – figure of speech – introductory comment only – not presented as a statement of fact – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up on TV One at 7pm on 21 January 2005 described an earthquake which had been felt in the Wellington district that morning. The presenter said “the big ‘quake struck just after sunrise”. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate and in breach of Standard 5....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with central figure in reality television show There’s Something About Miriam – discussed her transsexual status and contact with contestants on show – allegedly breach of good taste and decency, programme classification and children’s interests FindingsPrinciple 1 (good taste and decency) – contextual factors – nothing indecent or distasteful to the extent of breaching standard – interview conducted appropriately given subject matter – not upheld Principle 7 (programme classification) – programme news or current affairs – not classified – was sufficiently mindful of the possibility of child viewers – no warning required as contents adequately signposted – not upheld Principle 9 (children’s interests) – news and current affairs programme not directed at children – interview conducted appropriately – sufficiently mindful of children’s interests – not upheld This headnote does not form part of the decision....
ComplaintOne News – report referred to film "Austin Powers – The Spy Who Shagged Me" – "shagged" – offensive language FindingsStandard G2 – decline to determine Cross ReferenceDecision No: 1999-163 This headnote does not form part of the decision. Summary An item on One News broadcast by TV One between 6. 00–7. 00pm on 12 January 2000 described the development of a new open top sports car by Jaguar. In that context, reference was made to the film "Austin Powers – The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that "shagged" was an offensive, aggressive and macho anti-woman term which was unacceptable for broadcast at a time when children were encouraged to watch television....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back Benches – Mt Albert by-election special – programme featured candidates from Labour, National, Green, ACT and United Future – candidates campaigned for votes and addressed various issues facing the electorate – allegedly in breach of balance and fairness standards FindingsStandard 4 (balance) – programme discussed controversial issues of public importance – criteria used by broadcaster to select participants was justifiable – a variety of significant viewpoints was presented – not upheld Standard 6 (fairness) – ALCP did not take part and was not referred to – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Back Benches was broadcast on TVNZ 7 at 9pm on Friday 10 June 2009....
ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....
Summary Station identification promos broadcast on TV One included the slogan "Together We’re One", and the logo "Celebrating New Zealand". Mr Seymour complained to the broadcaster, Television New Zealand Limited, that the promos encouraged the denigration of Maori and, in particular, discrimination against the legitimate expression of Maori cultural and political beliefs. They promoted, he wrote, an ideology that was inherently assimilationist. TVNZ responded that the reference to "One" was to TV One. The promos implicitly reflected a "one-ness" between TV One and its viewers, and placed that theme in a determinedly bi-cultural context which recognised cultural diversity, it replied. It declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mr Seymour referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....
This decision was successfully appealed in the High Court: CIV 2008-485-24 PDF82. 96 KBComplaint under section 8(1)(a) of the Broadcasting Act 1989The Complaint During a Close Up item about the "naming and shaming" of drunk drivers by a Wellington newspaper, a woman was approached outside court after being convicted of her second drink driving offence. Although the woman declined to be interviewed for fear of losing her job, she was shown running down the street to get away from the reporter, and her age, marital status and salary were reported. Her face was initially pixelated but she was "unmasked" and named later in the item. David and Heather Green objected to the woman's treatment. They said the item had imposed an extra penalty over and above that imposed in the courtroom, and was unfair....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-107 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN MALCOLM of Pukerau Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved kidnap of three teenage girls – kidnapper told girls that only two of them could leave alive, and they would have to kill the third girl – intended victim struck and killed the girl who was preparing to kill her – 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 Criminal Minds, a fictional drama series about the FBI’s Behavioural Analysis Unit, was broadcast at 8. 30pm on TV One on Thursday 8 November 2007. The storyline involved the abduction of three teenage girls who were held captive in a cellar....
SummaryAn item on the programme 5. 30 with Jude, broadcast on TV One on 4 November 1998 at 5. 40 pm, featured a representative from a health products company discussing women’s health with the presenter. In particular, soy products, phytoestrogens, and commercial products containing them were discussed in relation to the relief they provided to women with menopausal symptoms. Mrs James complained to Television New Zealand Limited, the broadcaster, that statements made in the item were inaccurate and unbalanced. She did not, she wrote, see any indication that the programme was an advertisement or advertorial, and she therefore assumed that it was classified as a documentary. TVNZ responded that the segment was "transparently advertorial in nature". It was paid for by the health products company, but TVNZ retained editorial control over it, the broadcaster said....
The Authority has not upheld complaints about three broadcasts concerning Kellie-Jay Keen-Minshull’s (also known as Posie Parker) entry into New Zealand for her ‘Let Women Speak’ events. The complainant was concerned the broadcasts were unfair towards Parker, homosexual people (by grouping them with transgender people) and women, and that the broadcasts misrepresented Parker and the Let Women Speak events. The Authority declined to determine aspects of the complaints, given similar findings in recent decisions, and otherwise found the broadcasts did not breach the applicable broadcasting standards. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness; Declined to Determine: Discrimination and Denigration, Balance, Accuracy, Fairness (section 11(b) of the Broadcasting Act 1989 – in all of the circumstances)...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 60/94 Dated the 1st day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAHAM and JENNY JACOBSEN of Putaruru Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Loates...
Download a PDF of Decision No. 1993-054:Harang and Television New Zealand Ltd - 1993-054 PDF314. 43 KB...
Download a PDF of Decision No. 1993-140:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-140 PDF428. 68 KB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-101 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M R BRIDER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...