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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Mother – movie contained coarse language and sex scenes – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called The Mother was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 29 November 2009. The movie contained coarse language including the words “fuck”, “shit” and “cock”, as well as three sex scenes. [2] The first sex scene involved a man and a woman lying next to each other in bed. The man was performing a sex act on the woman, but they were covered up to their shoulders in blankets and no nudity was visible....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reference to President George W Bush “leading the free world” – allegedly unbalanced and unfairFindingsStandard 4 (balance) – no balancing comment required – not upheld Standard 6 (fairness) – not unfair to any persons taking part or referred to – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 22 October 2004 dealt with a back-dated pay rise which had been given to Members of Parliament in New Zealand. Towards the end of the segment, the reporter compared the salary of the Prime Minister of New Zealand with that of other world leaders, including President George W. Bush of the United States....

Diane Musgrave declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1)(c) of the Broadcasting Act 1989Skin Doctors – footage of woman undergoing breast augmentation surgery and her consultations with her plastic surgeon – allegedly in breach of privacy Findings Standard 3 (privacy) – programme disclosed private facts about complainant – disclosure highly offensive – complainant did not give informed consent – no public interest – upheld Orders Section 13(1)(a) – broadcast of a statement Section 13(1)(d) – payment to the complainant for breach of privacy $5,000 Section 16(1) – payment of costs to the complainant $10,000 Section 16(4) – payment of costs to the Crown $3,000 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a ten-year-old boy who the reporter said was on the waiting list to have “tumours” removed from his body – outlined difficulties the boy’s mother had experienced dealing with his surgeon – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheldStandard 5 (accuracy) – inaccurate to state that the boy had more than one tumour – TVNZ failed to ensure that one of its sources was reliable – programme misled viewers by failing to inform them that surgeon had ensured the boy’s ongoing care – upheldStandard 6 (fairness) – complainant was not given a reasonable opportunity to respond to allegations in the item – upheld Orders Section 13(1)(a) – broadcast statement Section 16(1) – costs to the complainant $6,750 Section 16(4) – costs to…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the appointment of Vienna Richards as Niu FM’s news editor – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – item discussed a controversial issue of public importance – focus of the item was the appointment and the perception it had created – Ms Moore’s comments were sufficient to answer the reporter’s questions – reporter did not need to interview Ms Richards or detail her experience in journalism – not upheld Standard 5 (accuracy) – item did not misled viewers by omitting information – not upheld Standard 6 (fairness) – complainant treated fairly – not upheld This headnote does not form part of the decision....

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....

ComplaintHavoc and Newsboy’s Sell Out Tour 2 – allegations about public relations companies – offensive language – inaccurate – unbalanced, biased and unfair FindingsStandard G1 – subsumed Standard G2 – no uphold Standard G4 – serious allegations made – no acknowledgment that they were contestable – uphold Standard G6 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary A sequence broadcast during the satirical programme Havoc and Newsboy’s Sell Out Tour 2 on TV2 on 15 August 2000 beginning at 9. 30pm, contained an interview with political activist Nicky Hagar. Mr Hagar made a number of claims about the public relations industry. Among references to various public relations companies, Mr Hagar named Hill & Knowlton, an international company operating in New Zealand, as being responsible for putting a favourable spin on America’s involvement in the Gulf War....

ComplaintInventions from the Shed – documentary – rated G – bugger – offensive language FindingsSection 4(1)(a) – applied under standard G2 – word not used gratuitously – acceptable in context – no uphold This headnote does not form part of the decision. Summary The documentary Inventions from the Shed described some inventions created by men and women while pottering in their sheds. One invention involved a gadget for making sheep shearing easier, and the inventor, while describing it, used the word "bugger", or variations of it, on three occasions. The programme was broadcast on TV One at 8. 30pm on 18 June 2001. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the offensive word "bugger" in a G rated programme breached broadcasting standards. In response, TVNZ argued that the dialogue was natural for the inventor shown, and it declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covered the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court explaining how his relationship with Ms Elliott began – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – details of relationship were not sufficiently explicit to require a warning – high degree of public interest – contextual factors – not upheld Standard 3 (privacy) – deceased person not an “individual” for the purposes of Broadcasting Act 1989 – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Thursday 9 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott....

Download a PDF of Decision No. 1993-100:Minister of Women's Affairs (Hon Jenny Shipley) and Television New Zealand Ltd - 1993-100 PDF635. 3 KB...

Summary[This summary does not form part of the decision. ]An item on 1 News promoted the new single from New Zealand singer-songwriter, Lorde. It featured clips taken from the music video for Lorde’s single, ‘Green Light’. In the clips, the singer could be seen leaning out of a car window and later dancing on the car roof. The Authority did not uphold a complaint that this item was in breach of the law and order standard by encouraging reckless driving. The music video, and the news item’s promotion of it, did not actively encourage audiences to break the law, or otherwise promote criminal or serious antisocial activity, taking into account the context. The Authority found that viewers would have understood the singer’s actions to have taken place in the ‘fantasy’ realm of the music video, which made sense within the fictional narrative of the song....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the outbreak of a cattle disease on a farm in South Canterbury. The item featured an interview with a farmer who used the expression ‘for Christ’s sake’. The Authority did not uphold a complaint that this expression was offensive and unacceptable to broadcast during children’s normally accepted viewing times. The Authority found there was public interest and high value in hearing an authentic voice from a New Zealand farmer as part of the news report. The Authority also noted it has consistently found that variations of ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations, and in this case, the interviewed farmer used the phrase to express his frustration and strong support of the affected farm owner....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an item on 1 News, which reported on the Government’s intention to remove a benefit reduction sanction that can apply to sole beneficiary parents who do not name the remaining parent. The complainant alleged the item was unbalanced and misleading, as the report omitted details about the exemptions that can apply to the sanction, including that a parent will not have to name the other parent where the child or sole parent could be at risk of violence. The Authority found that the focus of this item was the Government’s desire to remove the sanction. The omission of details about the exemptions was therefore not material to the overall focus of the item, and did not mislead viewers....

Download a PDF of Decision No. 1992-059:Auckland Women's Health Council Inc and Television New Zealand Ltd - 1992-059 PDF485. 47 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOANNE DACZO of Pirongia Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-031 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON McKAY of Howick Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintPrivate Investigators – item on computer software piracy – privacy – identification Findings(1) Privacy – no identification – no uphold This headnote does not form part of the decision. Summary An episode of Private Investigators, a series about the activities of private investigators in New Zealand, was broadcast on TV One at 7. 30pm on 27 June 2000. PW, through her lawyer, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast had breached her privacy. The programme had included a segment about pirated computer games. Footage was broadcast which showed a private investigator recovering software from a house occupied by PW. PW’s lawyer explained that she had been recently released from the police witness protection scheme, and had expressed to the programme makers her wish not to be identified due to her background....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – presenter introduced item coming up after advertisement break – included footage from episode of Underbelly – showed a balaclava-clad man shooting at man sitting in a car – allegedly in breach of good taste and decency, fairness, programme information, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 10 violence) – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 6 (fairness) – standard not applicable – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision....