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Hepworth and Television New Zealand Ltd - 1995-075
1995-075

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 75/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GUY HEPWORTH of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
McKay and Television New Zealand Ltd - 1998-137, 1998-138
1998-137–€“138

Summary Items on One Network News and Tonight on 19 June 1998 reported that the Act Members of Parliament had been requested by TVNZ to provide particulars of their assets and business interests. None, the reports said, had been willing to do so. The reasons for the refusal by two Act MPs were highlighted in the items. Mr McKay complained to Television New Zealand Limited, the broadcaster, that it was being politically selective in failing to declare that similar information had been sought from members of other political parties. TVNZ, he continued, compounded its offence by publishing replies to its request from several Act MPs. TVNZ responded that Act was the one political party standing out against disclosure of MPs’ assets....

Decisions
Harang and Curtis and Television New Zealand Ltd - 1999-232, 1999-233
1999-232–233

SummaryAn episode of Hollywood Sex was broadcast on TV2 at 9. 30pm on 26 August 1999. This two-part programme looks at some of the more unusual activities which take place in Hollywood’s sex industry. Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the programme contravened standards of decency, and that young people could watch and be influenced by "the very bad aspects of the programme". Mr and Ms Curtis complained that the programme was "the most disgustingly blatant sexual perversion [they had] ever had the misfortune to see", and that the programme was unsuitable for screening at that hour because of the likelihood of children watching. In its responses to the complaints, TVNZ said that it did not consider that it had breached any broadcasting standard. It noted that the programme was broadcast at 9. 30pm, carried an AO certificate, and was preceded by a warning....

Decisions
Barker and Television New Zealand Ltd - 2000-194
2000-194

ComplaintNews item about magazine for divorced people – offensive behaviour – picture of nude couple having sex FindingsStandard G2 – not inappropriate subject matter – momentary image – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary Divorced people were providing a new market for entrepreneurs in the magazine industry, according to a news report on One News broadcast on 28 September 2000 at about 6. 20pm. Pages which were shown from a magazine included a picture of an apparently nude couple. Glenyss Barker, secretary of Viewers for Television Excellence (VOTE), complained to Television New Zealand Ltd, the broadcaster, about the picture, which she said showed a nude couple having sex. She said it was inappropriate for broadcast at a time when children would be watching television....

Decisions
Yeoman and Television New Zealand Ltd - 2008-087
2008-087

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....

Decisions
Garland and Television New Zealand Ltd - 2007-047
2007-047

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – interviewee compared playing old songs to having sex and an orgasm – allegedly in breach of good taste and decency and children’s interests standards. Findings Standard 1 (good taste and decency) – comparison was delivered in a straightforward and low-key manner – contextual factors – not upheld Standard 9 (children’s interests) – item was mild and light-hearted in nature – contextual factors – 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 5 April 2007, showed an interview with Ray Manzarek, a former member of the rock group “The Doors”. [2] Towards the end of the interview, Mr Manzarek was asked if he ever got tired of playing the same songs. Mr Manzarek replied: Are you sick and tired of having sex?...

Decisions
LM and Television New Zealand Ltd - 2007-138
2007-138

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....

Decisions
Panasiuk and Television New Zealand Ltd - 2005-060
2005-060

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – presenter removed a cat from a microwave oven and said “probably need a couple more minutes, don’t you? ” – placed the cat back in the microwave – allegedly in breach of good taste and decency and inconsistent with the maintenance of law and orderFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – not inconsistent with the maintenance of law and order – not upheldThis headnote does not form part of the decision. Broadcast [1] At the conclusion of an episode of Eating Media Lunch at around 10. 30pm on TV2 on 19 April 2005, the presenter was seen to remove a cat from a microwave oven. He held the cat up to his face and said “probably need a couple more minutes, don’t you?...

Decisions
Gall and Television New Zealand Ltd - 2004-040
2004-040

ComplaintOne News – seabed and foreshore – Waitara hui – closing headline stated hui “disintegrated into conflict and name-calling” – allegedly inaccurate and misleading Findings Standard 5 – closing headline substantially misreported events – inaccurate and misleading – upheld Standard 6 – inaccuracy a question of scripting, not editing – Guideline 6a not applicable – closing headline unfair to organisers and participants – upheld OrderBroadcast of statementThis headnote does not form part of the decision Summary [1] A closing headline on One News broadcast on TV One on 23 September 2003 reported that the hui held that day in Waitara on the seabed and foreshore issue had “ disintegrated into conflict and name-calling. ” [2] David Gall complained to Television New Zealand Ltd, the broadcaster, that the closing headline was inaccurate and misleading, and not supported by what was reported in the main body of the news item....

Decisions
Hunter and Television New Zealand Ltd - 2004-158
2004-158

Diane Musgrave declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item focused on woman who had married Scott Watson who is in prison serving a life sentence for two murders – touched on aspects of the trial and conviction of Watson – used brief sequences from documentary Murder on the Blade? produced by the complainant – allegedly presented aspects of trial and evidence inaccurately and complainant argued that he had been misinformed by TVNZ of the use to which the sequences were to be put. FindingsStandard 5 (accuracy) – some statements made in broadcast inaccurate – upheld Standard 6 (fairness) – complainant not referred to in programme – not upheld No OrderThis headnote does not form part of the decision....

Decisions
Orion New Zealand Ltd and Television New Zealand Ltd - 2003-022
2003-022

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%....

Decisions
Milich and Television New Zealand Ltd - 2011-053
2011-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Decisions
Schwabe and Television New Zealand Ltd - 2001-127
2001-127

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....

Decisions
Swift and Television New Zealand Ltd - 2012-017
2012-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – satirical item featuring comedian Leigh Hart reviewing the election campaign the night before the general election was to be held – Mr Hart used a whiteboard which occasionally displayed the name of then Leader of the Opposition Phil Goff – allegedly in breach of controversial issues and fairness standards FindingsStandard 4 (controversial issues) – item was a light-hearted review of the election campaign – it did not purport to be a serious or balanced discussion of a controversial issue – appearance and disappearance of Mr Goff’s name on the whiteboard did not require the presentation of alternative viewpoints – in any case the item discussed a number of politicians and included comment from them – not upheld Standard 6 (fairness) – complainant did not identify who he thought had been treated unfairly – individuals taking part or referred to in the…...

Decisions
Ryan and Television New Zealand Ltd - 2012-097
2012-097

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on verdict in Ewen McDonald murder trial – reporter commented, “You could well be thinking, if he’s not guilty, why hasn’t he walked out these doors behind me and spoken to media?...

Decisions
Irwin and Television New Zealand Ltd - 2013-037
2013-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Country Calendar – showed footage of young woman setting a leg-hold trap and moving behind a tree to kill a possum – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – footage was extremely brief and did not show anything graphic or gruesome as possum was killed off-screen – showed pest control as a normal part of rural life – acceptable in context – not upheld This headnote does not form part of the decision. Introduction [1] Country Calendar, an iconic New Zealand series about people living off the land in rural areas, showed footage of a young woman setting a leg-hold trap before moving behind a tree to kill a possum (the actual killing was not shown). The episode was broadcast on 6 April 2013 at 7pm on TV One....

Decisions
One New Zealand Foundation Inc and Television New Zealand Ltd - 1993-072
1993-072

Download a PDF of Decision No. 1993-072:One New Zealand Foundation Inc and Television New Zealand Ltd - 1993-072 PDF477. 75 KB...

Decisions
Reekie and Television New Zealand Ltd - 2009-026
2009-026

An appeal against this decision was dismissed in the High Court: CIV 2009-404-003728 PDF255....

Decisions
Turner and Television New Zealand Ltd - 2008-047
2008-047

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about a Tui Brewery event, the “drought shout”, organised to boost morale of farmers struggling through droughts – allegedly in breach of liquor promotion standard Findings Standard 11 (liquor promotion) – broadcast amounted to liquor promotion but was not socially irresponsible – 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 10 April 2008, looked at the impact of a drought from Waikato to Canterbury which had left the farming community struggling. In a bid to improve morale, the Tui Brewery and several agricultural suppliers put on a “drought shout” for farmers. [2] Part of the item looked at the story of one farmer and how he was struggling to cope with the drought....

Decisions
Davies and Television New Zealand Ltd - 1999-026
1999-026

SummaryReferences to sexual activity were made in an episode of Dharma and Greg broadcast on TV2 on 4 November 1998 at 7. 30pm. Two different couples were said to have had sex in a public place. Mr Davies complained to Television New Zealand Ltd, the broadcaster, that such explicit programme content was unsuitable for broadcast before 8. 30pm. He lamented a decline in standards which he noted had occurred in recent years, and sought to have all references to sex excluded from any PGR programme. At the outset, TVNZ noted that no sexual activity was shown in the programme, but was only implied in the action and dialogue. It acknowledged that the programme was more suited to adult audiences, but did not accept that it was unsuitable for children who were watching under the guidance of an adult....

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