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Boom and Television New Zealand Ltd - 2022-059 (20 July 2022)
2022-059

The Authority has not upheld a complaint about a brief 1 News report on a leaked draft decision from the United States Supreme Court, which had the potential to overturn the landmark decision of Roe v Wade concerning abortion rights. The complaint alleged the broadcast was unbalanced as it did not include footage of pro-life activists or arguments for the ‘rights of the child’. The Authority found that the broadcast was a straightforward report focused on the development of the reported leak. It did not discuss views for or against abortion access, therefore the balance standard did not apply. In any event, the Authority noted the broadcaster had provided balance over time in other 1 News coverage. Not Upheld: Balance...

Decisions
Johnston and Television New Zealand Ltd - 2004-059
2004-059

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....

Decisions
Hind and Television New Zealand Ltd - 2004-200
2004-200

Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – findings of a global survey examining sexual behaviour - frequency of sexual intercourse in various countries – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – delivered in the context of a serious message – not presented in a salacious manner – not upheld Standard 9 (children’s interests) – targeted at teenage audience – unlikely to appeal to younger viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Flipside screened on TV2 at 5pm on 13 October 2004. Flipside is a programme targeted at a teenage audience and discusses issues of relevance to youth. An item introduced the findings of the 2004 Durex Global Sex Survey which examined sexual behaviour in various countries....

Decisions
Berry and Television New Zealand Ltd - 2022-068 (5 October 2022)
2022-068

The Authority has not upheld a complaint about an item on 1 News which reported on Prime Minister Jacinda Ardern’s visit to the United States Congress, where she spoke with lawmakers including Senator Mitt Romney. The complaint alleged the use of the terms ‘Mormon’ and ‘god-fearing and gun-toting’ in the context of comments about Romney breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

Decisions
Schon and Television New Zealand Ltd - 2022-080 (26 October 2022)
2022-080

The Authority has not upheld a complaint that an item on 1 News concerning increased racism experienced by public figures in relation to co-governance issues breached the balance, accuracy and discrimination and denigration standards. The complainant alleged the association of opponents of co-governance with racist abuse was an attempt to paint all opponents as racist and stop debate. The Authority found the broadcast was accurate and the expert featured could reasonably be relied upon, and the balance standard was not applicable. While the complainant was concerned the broadcasts denigrated opponents of co-governance, this group is not a recognised section of society for the purposes of the standard. Not upheld: Accuracy, Balance, Discrimination and Denigration...

Decisions
Francis and Television New Zealand Ltd - 2021-045 (6 September 2021)
2021-045

The Authority did not uphold a complaint under the good taste and decency and children’s interests standards about an item on 1 News reporting live from Wellington amid protests against increasing rates of sexual violence, which showed a protest sign in the background reading ‘Don’t fuckin’ touch me’. Although some viewers may have been surprised by this, the Authority found overall the potential harm did not outweigh freedom of expression. The Authority took into account: the high public interest in the item; the sign was partially obscured for half of the item; the word complained about was not spoken; and the broadcaster had limited editorial control over the public’s actions during a live cross to the reporter. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
McIntosh and Television New Zealand Ltd - 2001-109
2001-109

Complaint60 Minutes – allegation of bullying in RNZ Navy’s gunnery section – sensational – unfair – unbalancedFindingsStandard G4 – Navy spokesperson responded to detailed allegations – no uphold Standard G6 – full opportunity for Navy to respond – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes, entitled "Breaking Ranks", told the story of one former naval rating who spoke of brutal assaults in the Royal New Zealand Navy (RNZN) gunnery section. Because he had broken the code of silence by accusing instructors of assault, the item reported that he had been forced to leave the Navy. Pauline McIntosh complained to Television New Zealand Ltd, the broadcaster, that the broadcast was based on unsubstantiated evidence and lacked balance....

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
Two Complainants and Television New Zealand Ltd - 2018-074 (26 February 2019)
2018-074

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from two complainants, a Christian organisation and its director, about an episode of Sunday which investigated gay conversion therapy and whether this practice was happening in New Zealand. The director, ‘X’, was filmed covertly during the programme, appearing to offer gay conversion therapy to an undercover reporter, ‘Jay’, who posed as a young Christian ‘struggling with same sex attraction’. The Authority found that the broadcaster’s use of a hidden camera in this case represented a highly offensive intrusion upon X’s interest in seclusion and that, on its face, this broadcast breached their privacy. However, the Authority found that the high level of public interest, both in the programme as a whole and in the hidden camera footage, justified the broadcaster’s use of a hidden camera....

Decisions
Winchcombe and Television New Zealand Ltd - 2022-126 (27 February 2023)
2022-126

Warning — This decision contains references to sexual violence. The documentary Swipe with Caution investigated the use of online dating apps, including interviews with relevant experts and dating app users, as well as detailing specific case studies. One of those case studies involved the complainant, who was convicted of sexual violation and assault after meeting with Ms X through a dating app. Ms X, through an actor, retold her story of the night. The complainant considered the broadcast was inaccurate and portrayed him unfairly. He argued Ms X’s recollections were presented as matters of proven fact but were inconsistent with the agreed facts identified in the Court’s sentencing decision. The Authority did not uphold the complaint, finding the particular segment had high public value, as it involved a survivor telling her story, and was otherwise materially accurate....

Decisions
Hailstone and Television New Zealand Ltd - 2022-139 (22 March 2023)
2022-139

The Authority has not upheld a complaint that a reporter’s comment during a segment on 1 News concerning the death of a child from a throat infection breached the offensive and disturbing content standard. The Authority acknowledged the relevant phrase represented a poor choice of words. However, in the context, the Authority accepted that it was inadvertent and did not merit regulatory intervention. Not Upheld: Offensive and Disturbing Content...

Decisions
Kingston and Television New Zealand Ltd - 2022-100 (22 November 2022)
2022-100

The Authority has not upheld a complaint that a 1 News item, reporting on the sustainability implications of the Government’s programme providing free period products to schools, breached the offensive and disturbing content broadcasting standard. The broadcast outlined types of sustainable period products and included a demonstration on how to wash period underwear, using red-tinted liquid. The Authority found the content was within audience expectations of the item, and news programming more generally, and unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Offensive and Disturbing Content...

Decisions
Young and Television New Zealand Ltd - 2021-093 (16 February 2022)
2021-093

A news item on the centenary celebrations of the Chinese Communist Party reported that as part of President Xi Jinping’s speech he said ‘anyone opposing China will have their heads bashed against a great wall of steel’. The complainant alleged this was inaccurate and unbalanced, mainly because TVNZ had cut off the full quote, which clarifies the ‘great wall of steel’ is forged by ‘1. 4 billion Chinese people’ and therefore conveys a more metaphorical meaning. The Authority found the item did not breach the accuracy standard on the basis that the broadcast was not likely to mislead viewers as a result of omitting part of President Xi’s sentence, and it was not inaccurate for TVNZ to use the more literal translation of ‘heads bashed’ over ‘collide’ in its translation....

Decisions
Moir and Television New Zealand Ltd - 2021-016 (29 June 2021)
2021-016

The Authority has not upheld a complaint about offensive language on the broadcast of the Best Foods Christmas Comedy Gala. Comedy is a valuable form of expression and entertainment and the broadcast was adequately signposted with a written and verbal warning, and clearly visible audience advisories at the end of each ad-break. Not Upheld: Good Taste and Decency...

Decisions
McMillan and Television New Zealand Ltd - 2013-025
2013-025

Summary [This summary does not form part of the decision. ]An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact....

Decisions
Roche and Television New Zealand Ltd - 2001-062
2001-062

ComplaintOne News – item on proposed "People’s Bank" – referred to New Zealand Post Chairman Dr Ross Armstrong – failure to mention his chairmanship of Television New Zealand Ltd – item lacked integrity and independence FindingsStandard G14 – Dr Armstrong’s chairmanship of TVNZ irrelevant to item – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6pm on 19 February 2001 announced that the Chairman of New Zealand Post, Dr Ross Armstrong, wanted to meet with the Leader of the Opposition, Jenny Shipley, to find out who had leaked to her a copy of the business plan for the proposed "People’s Bank....

Decisions
Simunovich Fisheries Ltd, Simunovich, and Wilkinson and Television New Zealand Ltd - 2003-185, 2003-186, 2003-187
2003-185–187

ComplaintAssignment Special – investigation of scampi fishing industry – allegations of corruption – complainants’ application for production of documents and affidavits FindingsApplication Order made under s. 12 OrderOrder made for broadcaster to produce certain affidavits to Authority This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Claims made in Parliament and by some of the participants in the scampi fishery that the Ministry of Fisheries was corrupt and condoned corruption in the scampi industry were investigated in an Assignment Special. The programme was broadcast on TV One between 8. 30–10. 00pm on 29 October 2002. [2] Simunovich Fisheries Ltd and two of its directors, Peter Simunovich and Vaughan Wilkinson, participants in the scampi fishing industry, complained to Television New Zealand Ltd, the broadcaster, that the broadcast breached broadcasting standards relating to balance, accuracy and fairness....

Decisions
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Decisions
Charlton and Prime Television New Zealand Ltd - 2002-117
2002-117

ComplaintMarathon Man – film – offensive language – warning ought to have been broadcast – complaint upheld by broadcaster – action taken insufficient FindingsAction taken sufficient This headnote does not form part of the decision. Summary [1] The movie Marathon Man was broadcast on Prime at 8. 30pm on 22 May 2002. [2] Mrs M Charlton complained to Prime Television New Zealand Ltd, the broadcaster, that the movie contained offensive language, and that viewers ought to have been warned about its use. [3] Prime upheld the complaint and apologised to the complainant. It explained that appropriate staff had been reminded of Prime’s collective responsibility "with emphasis placed on not making assumptions on behalf of viewers and that warnings must be specific in nature". [4] Dissatisfied with the action taken in response to her complaint, Mrs Charlton referred her complaint to the Broadcasting Standards Authority under s....

Decisions
Lee and Television New Zealand Ltd - 2010-099
2010-099

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– teaser for upcoming item on knife crime – contained footage of carving knife and man simulating stabbing motion – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – images used to illustrate story on knife crime – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] One News, broadcast on TV One at 6. 00pm on 5 July 2010, contained a brief eight-second teaser for an upcoming item on proposed legislative changes to reduce knife crime in New Zealand. In the teaser the news reader stated: Cutting down on knife crime – tough new measures that’ll make it harder for young people to buy them over the counter....

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