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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 147/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M JAMES of Raglan Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-167 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRIENDS OF THE EARTH (NEW ZEALAND) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary An item on Breakfast broadcast on TV One at about 7. 40 am on 9 July 1998 reviewed the contents of leading women’s magazines published during that week. A studio guest referred to Paula Yates, who was featured in a magazine, and commented that Yates was known largely "for shagging the famous". Mr Yoxall complained to Television New Zealand Limited, the broadcaster, that the remark was vulgar, and an unacceptable breach of good taste and decency. TVNZ responded that the context of the remark was that the live studio broadcast was as tabloid as the magazines it reviewed. The comment was the guest’s genuinely-held opinion, and reflected a widely-held view of Yates. It was delivered in a light-hearted, laconic manner and, although unfortunate in view of Yates’ apparent attempted suicide, did not breach the standard, TVNZ wrote....

SummaryAn item on the programme 5. 30 with Jude, broadcast on TV One on 7 October 1998, featured a representative from a health products company discussing soy products, phytoestrogens, and commercial products containing them, with the presenter. Mrs James complained to Television New Zealand Limited, the broadcaster, that statements made in the item were unbalanced, and did not mention the risks of soy or phytoestrogen ingestion. The item confused soy food used as part of a varied diet with a component (phytoestrogen) extracted from it, she wrote. TVNZ responded that its research revealed many articles and symposia disclosing the beneficial effects of soy foods. Noting that soy products were freely available in New Zealand, and that there was no widespread concern about their sale, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mrs James referred her complaint to the Broadcasting Standards Authority under s....

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 102/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C R TURNER of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

SummaryA segment of Motorway Patrol broadcast on 22 July 1999 on TV2 at 7. 30pm showed four people undertaking evidential breath tests, having been suspected of driving while intoxicated. Two had their identity concealed by electronic masking. The other two were clearly identifiable. Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the footage of his niece being breath tested by police at the police station was unfair to her and breached her privacy because her identity had not been concealed. He complained that she had been treated in a racist and contemptible manner, and that the broadcast of the programme had caused his niece and her whanau considerable distress. His complaint that the programme breached his niece’s right to privacy was referred to the Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintHolmes – interview with Parekura Horomia – comments made during filming break – broadcast of private conversation – breach of privacy FindingsPrivacy – Privacy Principle (iii) – intentional interference with Mr Horomia's interest in solitude or seclusion – offensive – no consent – insufficient public interest – uphold This headnote does not form part of the decision. Summary An interview with the Minister of Maori Affairs designate, Parekura Horomia, was broadcast on Holmes on TV One at 7. 00pm on 24 July 2000. In an addendum to the interview, viewers heard a recording of comments made by Mr Horomia during a filming break about his distrust of the media. Jo Crowley complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached Mr Horomia's privacy....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made remarks about his dislike for campervans and the people who use them – allegedly in breach of good taste and decency, accuracy and fairness standards Findings Standard 1 (good taste and decency) – comments intended to be humorous – contextual factors – not upheld Standard 5 (accuracy) – host's comments were personal opinion not points of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation taking part or referred to in the programme – campervan owners not a section of the community to which guideline 6g applies – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that a sex scene in Nip/Tuck in which one of the lead characters had sex with a patient after asking her to place a paper bag over her head was offensive, and should not have been shown at 10pm during the school holidays. The Broadcaster’s ResponseTVNZ said the sex scene was relatively discreet, and had showed a side view with no nudity. The broadcaster noted that Nip/Tuckwas rated Adults Only and had been restricted to a 9. 30pm showing because it contained a greater degree of sexual activity, potentially offensive language and realistic violence. The broadcaster argued that 9. 30pm was adults only time even during the school holidays. The Authority’s DecisionThe Authority said the scene was important to the storyline as it illustrated the central character's decline into sexual dysfunction....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting on an iceberg close to colliding with an ice-shelf in Antarctica – size of the iceberg incorrectly reported as 2000 cubic metres, rather than kilometres – broadcaster upheld breach of Standard 5 but declined to broadcast a correction – complainant dissatisfied with action takenFindings Standard 5 (accuracy) – minor error – other descriptions in the item clarified magnitude of iceberg – action taken by broadcaster sufficient – future similar referrals by complainant potentially vexatious. This headnote does not form part of the decision. Broadcast [1] An item broadcast on One News at 6pm on 14 January 2005 reported that a huge iceberg was close to colliding with the ice-shelf on the coast of Antarctica. The item reported that the iceberg contained 2000 cubic metres of water....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Trial by Ordeal – documentary – examined three jury trials of John Barlow charged with double murder – questioned fairness in view of the length of the process – interviewed some participants and set up mock jury to hear evidence – allegedly gratuitous murder reconstructions, offensive and unnecessarily violent, and favoured defence over prosecutionFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 4 (balance) – opposing perspectives advanced – not upheld Standard 10 (violence) and Guidelines 10b (cumulative effect) and 10f (repeated gratuitously) – reconstructions, while gruesome, were not gratuitous or repeated unnecessarily – not upheldThis headnote does not form part of the decision. Broadcast [1] Trial by Ordeal was a documentary broadcast on TV One at 9. 00pm on 12 February 2004....

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....

ComplaintSpin City – offensive behaviour – homosexual activity – unsuitable for children FindingsStandard G2 – not offensive – no uphold Standard G12 – jokes involving homosexuality not intrinsically unsuitable for children – no uphold This headnote does not form part of the decision. Summary In an episode of Spin City, the main character discovered that a friend of his was gay. The programme featured the attraction between the friend and another gay man. It was broadcast on TV2 at 6. 30pm on 20 April 2001. Janice Urry complained to the broadcaster, Television New Zealand Ltd, that the broadcast included "situations of a distinctly homosexual nature" and "homosexual intercourse". She described the material as "disgusting", "degrading" and unsuitable for broadcast to children. TVNZ maintained that homosexuality was not a subject which should be forbidden when children were watching television....

ComplaintWeddings: Happily Ever After? – update on some couples who appeared in Weddings – breach of privacy FindingsPrivacy – consent form for footage from Weddings – subsequent information freely given – no uphold This headnote does not form part of the decision. Summary [1] An episode of Weddings: Happily Ever After? was broadcast on TV2 at 7. 00pm on 23 September 2001. The programme reported on the state of the relationships of some of the couples who had appeared on previous episodes of Weddings. [2] Kylie and Simon Bernie, one of the couples, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme had breached standards relating to privacy. Mr and Mrs Bernie maintained that they had not consented to the inclusion of information about them or their baby daughter in the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up promo – contained the word “fugly” to describe the appearance of a film character – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – “fugly” used in a light-hearted and jovial manner – not used as a term of abuse – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A brief promo for Close Up was broadcast at 8. 33am during an episode of Breakfast and again at 3. 07pm during 60 Minute Makeover on Wednesday 7 April 2010. The promo discussed the new Nanny McPhee film starring Emma Thompson. [2] During the promo a voiceover said, “. . . Plus Oscar pro Emma Thompson on having to look fugly for film”, after which Ms Thompson was shown saying, “I really enjoy it....

ComplaintReel Life: The Truth about Lesbian Sex – documentary examining lesbian sex – indecent – offensive FindingsStandard 1 and Guideline 1a – context – majority – no upholdThis headnote does not form part of the decision. Summary [1] Reel Life: The Truth about Lesbian Sex was a documentary broadcast on TV One at 9. 30pm on Wednesday 2 July 2003. The programme examined lesbian sex, focussing on lesbian relationships. [2] Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the item showed scenes of a sexual nature which breached the standard of good taste and decency. [3] Mr Tod’s complaint to TVNZ maintained that the demonstration of sexual aids, combined with the explicit instruction on the performance of several sexual acts, was appalling and indecent. Mr Tod also stated that the programme inappropriately encouraged lesbian sex as an exciting and viable alternative to heterosexual sex....

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....