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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – wanted offender described as “possibly Māori but pale skinned” and “possibly Māori, [with a] light complexion” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration standards FindingsStandard 7 (discrimination and denigration) – segment did not encourage the denigration of, or discrimination against, Māori as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] A segment on Police Ten 7 profiled an aggravated robbery of a bar in Christchurch. Viewers were told that it was committed by three men, two armed with guns and one armed with a crowbar. The segment included security footage of the robbery, outlined the facts of the case, and outlined ways that viewers may be able to help police identify the offenders....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with President of Home Education Learning Organisation about the benefits of home-based childcare education, as opposed to daycare – President made comments which reflected negatively on daycare – allegedly unbalanced in breach of controversial issues standardFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – programme framed the interview as a debate about the merits of “Daycare vs Homecare” but item itself had flavour of advertorial – taking into account likely audience, insufficient balance was provided – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present significant viewpoints – upheld No Order This headnote does not form part of the decision....

ComplaintEdwards at Large – interview with complainant – host a media adviser to Prime Minister – programme funded by NZ On Air of which host’s wife was a board member – questions about these issues raised in Parliament by complainant – complainant alleged the item unbalanced and partial – broadcaster upheld complaint that programme was partial – written apology – complainant dissatisfied with both extent of complaint upheld and action taken FindingsStandard 4 – balanced debate – no uphold Action taken – letter included TVNZ’s Chief Executive’s explanation – sufficient – no uphold This headnote does not form part of the decision. Summary [1] Mr Hide MP was interviewed on Edwards at Large about some questions he had asked in Parliament concerning the funding of the programme and the linkages between the host, Dr Brian Edwards, his wife Judy Callingham, the Labour Party, and NZ On Air....

ComplaintWilly Nilly – comedy series – "shooting" endangered native birds – offensive – irresponsible behaviour FindingsStandard 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] An episode of Willy Nilly, a comedy series, was broadcast on TV One at 7pm on 14 September 2002. It portrayed a newly arrived Russian mail-order bride of the local shopkeeper shooting at, and presumably killing, a native kakapo while on a camping trip. A subsequent scene depicted a "kiwi" being spit-roasted over the campfire. [2] Alastair Duff complained to Television New Zealand Ltd, the broadcaster, that the sequences portrayed irresponsible behaviour. [3] In declining to uphold the complaint TVNZ said, in context, the behaviour did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Duff referred his complaint to the Broadcasting Standards Authority under s....

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Lord of the Rings: The Fellowship of the Ring – characters referred to smoking “weed” and “leaf” – allegedly in breach of broadcasting standardsFindingsStandard 2 (law and order) – references to “weed” and “leaf” did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During The Lord of the Rings: The Fellowship of the Ring, characters made two brief references to “weed” and “leaf”. Bilbo Baggins the hobbit, and Gandalf the wizard, were shown smoking pipes as Bilbo commented, “Old Toby, the finest weed in the South Farthing. ” Later, Gandalf said to Saruman the wizard, “All these long years [the ring] was in the Shire, under my very nose”....

Complaint under section 8(1A) of the Broadcasting Act 1989 Breakfast – news items discussed identity of a deceased teenager, despite being informed in the programme that police were not releasing the deceased’s name in accordance with a request from his family – disclosure of deceased’s identity allegedly in breach of his family’s privacy FindingsStandard 3 (privacy) – deceased’s family identified through their connection with him – no private facts revealed because deceased’s identity had already been disclosed on social networking sites so was in the public realm, even if not officially confirmed by police – broadcaster took steps, as soon as reasonably practicable, to ensure the deceased was not named again in the programme – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported domestic violence statistics showing an increase in the number of deaths caused by family violence – contained interviews with Labour Party spokesperson for Women’s Affairs, and Christchurch Women’s Refuge representative – allegedly in breach of standards relating to balance, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – item focused on statistics showing increase in deaths caused by family violence – it did not comment on the gender of perpetrators and victims, and did not specify that the increase in deaths was among women only – not upheld This headnote does not form part of the decision. Introduction [1] A One News item reported on recently released statistics for domestic violence in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Night at the Classic – AO comedy programme broadcast at 10pm and preceded by warning, contained swearing and sexual references – allegedly in breach of standards relating to good taste and decency and responsible programmingFindingsStandard 1 (good taste and decency) – swearing and sexual material were permissible in the context of an AO comedy programme screened at 10pm and preceded by a specific warning – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision. Introduction [1] A Night at the Classic, a late-night comedy series featuring New Zealand comedians, contained swearing and sexual references. The programme was classified Adults Only (AO) and was broadcast at 10pm on 3 January 2013 on TV One....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Carrie Diaries – teen drama series contained sexual references and innuendo – allegedly in breach of the good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – episode’s depiction of sexual content was inexplicit and discreet – would not have offended or distressed most viewers, including supervised children – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests in screening the episode during children’s viewing times, given its PGR classification and specific pre-broadcast warning – not upheld This headnote does not form part of the decision. Introduction [1] An episode of The Carrie Diaries, an American teen drama series loosely based on the book and TV series Sex and the City, contained sexual references and innuendo....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented on prisoners being handed over to Afghan security forces – "does anyone care if we put drills through the heads of these people" and "we need to get out the Stanley knives" – allegedly in breach of good taste and decency and responsible programming standards FindingsStandard 1 (good taste and decency) – comments were provocative and hyperbolic but intended to stimulate discussion – contextual factors – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6. 30am and 9am on Tuesday 17 August 2010, presenter Paul Henry interviewed TVNZ's political editor on recent events in Afghanistan....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator Special: The Case Against Robin Bain – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether the complainant, who was a “surprise” witness at the retrial, had given misleading evidence – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 5 (accuracy) – alleged inaccuracies relate to implication in the programme that the complainant gave misleading evidence – Authority not in a position to determine whether the programme was inaccurate in this respect – decline to determine under section 11(b) of the Broadcasting Act…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the words “fuck” and “cunt” – allegedly in breach of discrimination and denigration, and responsible programming standards FindingsStandard 8 (responsible programming) – Authority has previously found that the movie was appropriately classified AO and screened at 8. 30pm – not upheld Standard 7 (discrimination and denigration) – complainant did not identify a section of the community which she considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Saturday 19 February 2011. [2] At approximately 8. 40pm, one of the characters used the word “fuck”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News at Midday, One News at 4. 30pm, One News at 6pm, One News Tonight – items reported that a former senior manager at Rimutaka Prison had pleaded guilty to growing cannabis for supply to inmates – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – news items employed shorthand to describe Mr Reid’s case – based on summary of facts agreed to by the parties statements were not inaccurate or misleading – not upheld Standard 8 (responsible programming) – news programmes are unclassified – standard not applicable – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Nothing Trivial – broadcast during Coronation Street – contained sexual references – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sexual references were fleeting and innocuous – consistent with viewer expectations of Coronation Street and PGR timeband – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 7. 30pm and 8. 30pm on 12 July 2011, during Coronation Street which was rated PGR. [2] In the promo, the characters were shown talking about their quiz topic strengths, while thinking about their personal lives, as follows: Emma: I like animals and I know a bit about cooking. . ....

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

ComplaintReel Life: Thalidomide – A Necessary Evil – documentary – Dr Nigel Brown claims no evidence that any chemical which causes a birth defect in one generation can also cause defects in subsequent generations – inaccurate FindingsStandard G1 – legitimate expression of scientific opinion – no uphold This headnote does not form part of the decision. Summary A Reel Life documentary broadcast on TV One on 9 March 2001 between 9. 45pm and 10. 45pm, entitled Thalidomide – A Necessary Evil, examined the reappearance of thalidomide as an apparently effective drug in the treatment of a variety of illnesses including leprosy. During the course of the programme, Dr Nigel Brown from St George’s Hospital in London commented to the effect that there was no evidence that any chemical, including thalidomide, which had caused a birth defect in one generation could be blamed for similar defects in subsequent generations....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on death of a man who was shot while out hunting – during visual reconstruction person pointed a firearm at the camera – allegedly in breach of law and order standard FindingsStandard 2 (law and order) – footage of a gun pointed at the camera did not, when taken in context, encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] A Close Up item reporting on the sentencing of a man convicted of shooting another man in a hunting accident, included visual reconstructions of people hunting. The reporter referred to previous hunting accidents, and a brief, out-of-focus shot of a gun pointing towards the camera was shown during a visual reconstruction of a hunting trip....