Search Rapua

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 40/95 Dated the 29th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-033 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – item reporting on Ahmed Zaoui, an Algerian refugee, having his birthday in a New Zealand prison – allegedly unbalancedFindingsStandard 4 (balance) – balance provided during period of current interest – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on Flipside on TV2 at 5pm on 7 December 2004 reported on Ahmed Zaoui, an Algerian refugee, who was having his birthday in a New Zealand prison. Flipside was a news and current interest programme delivered in a style that appealed to a youth audience. [2] The item comprised video showing Mr Zaoui’s supporters holding a “birthday party” outside the prison, comments from his supporters and a studio interview with his lawyer....

This decision was successfully appealed in the High Court: CIV 2007-485-001609 PDF129....

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Game of Two Halves – hosts said “Christ Almighty” and “Jesus” – allegedly blasphemous and in breach of good taste and decencyFindings Standard 1 (good taste and decency) – alternative definition to words to that alleged by complainant – use of words in such manner not offensive generally – not upheldThis headnote does not form part of the decision. Broadcast [1] A Game of Two Halves screened on TV One at 9. 30 pm on 28 March 2005. The programme is a weekly sports quiz show featuring two teams of various sporting personalities. The teams are headed by well known sporting personalities Marc Ellis and Matthew Ridge. During the programme, the contestants used the words “Christ Almighty” and “Jesus”. Complaint [2] Frank McGuckian complained that the words “Christ Almighty” and “Jesus” were used as “intended expletives”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that Green Party was calling for an urgent safety review of non-stick cookware – claimed the US Environmental Protection Agency had found possible links between non-stick cookware, cancer and birth defects – veterinarian stated that non-stick pans could be deadly to household birds – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – item contained misleading and inaccurate statements – would have unnecessarily alarmed viewers – upheld Standard 6 (fairness) – not unfair to any person or organisation taking part in the programme – not upheldOrderSection 13(1)(a) – broadcast of a statement Section 16(1) – payment of costs to the complainant of $927. 50 Section 16(4) – payment of costs to the Crown $2,500....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about Advertising Standards Authority’s ruling against advertisement for Charlie’s Soda – studio discussion among four men about whether the decision was out of step with society and demonstrated a double standard between advertising and television programmes – allegedly unbalanced Findings Standard 4 (balance) – discussion was confined to one advertisement – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 31 January 2008, discussed the decision of the Advertising Standards Authority (ASA) that an advertisement for Charlie’s Soda was in breach of advertising standards. According to the item, the ASA ruled that the advertisement breached a standard which required advertisements not to use sexual content to promote an unrelated product....

Complaint Choppers – rescue series – intrusion into grief – breach of privacy – complainant said consent to broadcast withheld FindingsPrivacy – conflict as to whether consent given – decline to determine Standard 5 – item not news, current affairs or documentary – no uphold Standard 6 – majority – footage indistinct and fleeting – similar to that which would be used in news item – informational content – no uphold – minority – complainant identifiable and clearly in shock – friend obscured – unfair This headnote does not form part of the decision. Summary [1] The series Choppers followed the activities of a helicopter rescue service. The rescue of a young woman who had fallen down a cliff was shown in the episode broadcast at 7. 30pm on TV2 on 8 August 2002. [2] Christine Diamond, the woman rescued, complained to the Broadcasting Standards Authority under s....

ComplaintThe Sopranos – scene in which child says "Fuck you, Santa! " – not socially responsible – bad taste FindingsStandard G2 – context – no uphold Cross Reference: Decision No. 2000-104 This headnote does not form part of the decision. Summary [1] An episode of The Sopranos was broadcast on TV2 at 9. 30pm on 4 October 2001. The Sopranos is a drama about an American-Italian mafia family living in the eastern United States. [2] Phillip Smits complained to Television New Zealand Ltd, the broadcaster, about a scene in which a child says "Fuck you, Santa! ". He considered that it was an "outrage" that "the programme makers would allow a child to say something like that" and socially irresponsible of TVNZ to allow the broadcast. [3] TVNZ declined to uphold the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

ComplaintOne News – Item on electricity pricing to large irrigation customers – aspects confusing and inaccurate FindingsStandard 5 – inaccurate – uphold No Order This headnote does not form part of the decision. Summary [1] "Some farmers could see their bills rise more than a thousand percent" was a comment made in the introduction to an item about electricity price rises for large irrigation users in Canterbury. The item was included in One News broadcast on TV One between 6. 00–7. 00pm on Sunday 29 September 2002. [2] Orion New Zealand Ltd, through its General Manager, Commercial (Roger Sutton) complained to Television New Zealand Ltd, the broadcaster, that the comment, among others, was inaccurate. The actual price increase in electricity charges, it said, was about 25%....

ComplaintPromo – The Mind of the Married Man – references to anal sex – offensive language FindingsStandard 1 and guideline 1a – context – borderline – no uphold This headnote does not form part of the decision. Summary [1] An episode of The Mind of the Married Man was broadcast on TV2 at 9. 55pm on 13 February 2002. In a part of the episode during which a married couple argued about the state of their marriage, there was reference by the wife to anal sex, using terms such as "arse-fuck", "fuck me in the arse" and "deep in my arse". [2] Kerry Carter complained to Television New Zealand Ltd, the broadcaster, about the dialogue, which she considered "lewd and offensive" and "only fit for a porn video". [3] TVNZ declined to uphold the complaint....

Complaint60 Minutes – correlation between a particular milk protein and childhood diabetes and heart disease – unbalanced coverage of controversial topic – inaccurate FindingsSection4(1)(d) – soy milk not an aspect of item – omission of reference to soy milk did not result in lack of balance – no uphold This headnote does not form part of the decision. Summary A rare protein found in cow’s milk was implicated as being a factor in heart disease and childhood diabetes according to an item on 60 Minutes broadcast on 12 November on TV One beginning at 7. 30pm. Mr R F James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced because it omitted to discuss the causal relationship between soy protein and the development of childhood diabetes....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on the England rugby team’s tour of New Zealand – correspondent made disparaging remarks about the efforts of the English team – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – standard not primarily aimed at the type of material complained about – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 22 June 2008, presented a round-up of the English rugby team’s tour of New Zealand. The item began with a One News rugby correspondent detailing which members of the New Zealand rugby team had been injured during the tour and the problems the team was facing....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about child’s death from meningococcal disease following misdiagnosis – paediatrician involved in initial misdiagnosis named twice during the item – allegedly in breach of privacy Findings Standard 3 (privacy) – doctor's name, place of work and involvement in the case not private facts – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 27 November 2008, investigated the death of a young child from meningococcal disease after the illness was misdiagnosed at Wanganui Hospital. In the first part of the item, a Close Up reporter outlined what had happened, and interviewed the parents of the child at their home....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Seven Sharp – in reference to the ongoing Novopay debacle, the presenter stated, “how many of us still give a toss? ” – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – Authority declines to determine the complaint on the basis it is frivolous in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] A promo for Seven Sharp, a New Zealand current affairs and entertainment show, contained the following dialogue: Presenter 1: Happy six-month anniversary, Novopay. Look at you, you’ve been an absolute dream come true [sarcastic voice]. Presenter 2: Yes, it’s the relationship from hell for teachers and the pay system, but be honest, how many of us still give a toss?...