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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Summary The Jesus Seminar movement, which denies the literal resurrection of Christ, was the subject of an item on Holmes broadcast on TV One beginning at 7. 00 pm on Good Friday, 10 April 1998. Mr Fox complained to Television New Zealand Limited, the broadcaster, that the item was biased and unbalanced in failing to interview a person of equal academic standing to Dr Veitch, who had been interviewed on behalf of the movement. Footage of school children in the item gave the message that Easter was for children and at the same level of belief as the Easter bunny, he wrote. TVNZ replied that it was appropriate on Good Friday to reflect on the diversity of views which existed within Christianity. The pastor interviewed had an extensive background in theological research, TVNZ wrote, and he provided the item’s balance....

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

ComplaintHolmes – footage of English coach’s half-time speech – offensive language – unsuitable for childrenFindings(1) Standard G2 – use of language not endorsed – no uphold (2) Standard G12 – no uphold This headnote does not form part of the decision. Summary Footage from a soccer coach’s half-time speech to players which contained strong language was broadcast on Holmes on TV One on 27 April 2000 beginning at 7. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the footage contained repeated and gratuitous offensive language. He contended that the item was offensive and unsuitable for children. TVNZ responded that the item was linked to new research findings that such angry motivational speeches did not assist performance, and maintained that the item was of topical interest....

ComplaintTeachers – shag and fuck and their derivatives – frequent use – offensive language FindingsSection 4(1)(a) and Standard G2 – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] Teachers, an eight part series, was broadcast weekly on TV One at 9. 30 on Monday evenings. Using the idiom of the staff and pupils, it told the story of a young teacher of English in a comprehensive school in England. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the episode broadcast on 13 August 2001 included offensive language when using the words "shag" and "fuck" and their derivatives. [3] In response, TVNZ described the series as "contemporary, gritty and humorous" and said that it was classified as AO, broadcast an hour after the AO watershed, and preceded with an explicit warning. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenter said there was a “wind chill factor well below zero in several states” in America – allegedly inaccurate FindingsStandard 5 (accuracy) – complaint vexatious and trivial – decline to determine under section 11(a) of the Broadcasting Act This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 26 December 2010, reported that “severe winter storms are still causing havoc closing airports and delaying flights across America. Snow, ice and a wind chill factor well below zero in several states, plus violent tornadoes in others, are testing the Christmas patience of thousands of travellers....

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Burying Brian – use of the word “fuck” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language would not have offended a significant number of viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a New Zealand-produced drama called Burying Brian was broadcast on TV One at 8. 30pm on Wednesday 2 July 2008. The programme followed Jodie and the efforts she and her friends made to cover up the accidental death of her husband. [2] During the episode, the main character, Jodie, drunkenly announced to her friends that she wished her husband, Brian, was dead....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – statement prior to commercial break referred to volcano eruption and tsunami threat – allegedly misleading and inaccurate Findings Standard 5 (accuracy) and guideline 5b – statement would not have misled or alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Prior to a commercial break during One News, beginning at 6pm on 2 March 2007, presenter Simon Dallow said: Just ahead this news hour, a volcano eruption sparks fears of tsunami. [2] Following the commercial break, One News reported that a volcanic eruption on the island of Stromboli, off the Sicilian coast, had “sparked a warning that it could trigger a tsunami similar to the one that caused widespread damage five years ago”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item discussed the case of an elderly woman who bought an expensive vacuum cleaner from a door-to-door salesman – item included an interview with the door-to-door salesman and a representative from the Consumers’ Institute – allegedly unbalanced, unfair and the action taken subsequently to correct an inaccuracy was insufficient Findings Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – action taken by the broadcaster to correct the inaccuracy was sufficient – not upheld Standard 6 (fairness) – item gave the company and salesman an adequate opportunity to respond – host’s comment did not imply companies that sold expensive vacuum cleaners were dishonest – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(c) of the Broadcasting Act 1989Coastwatch – man shown gathering scallops – statement in programme that “there was sufficient there anyway to issue him with a couple of infringement notices” – allegedly in breach of privacyFindingsStandard 3 (privacy) – filmed in a public place – no private facts disclosed – not upheldThis headnote does not form part of the decision. Broadcast [1] A segment on Coastwatch broadcast on TV One at 7. 30pm on 14 February 2005 showed a diver approached by Ministry of Fisheries officers while gathering scallops. The fisheries officer told him that he should only have collected 60 scallops, whereas he had 104 scallops on the boat. The fisheries officer explained that this was “not in the area of what we consider to be a serious offence”, and the diver said that he had been trying to do things by the book....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Serial Mom – movie – language – included repeated use of “fuck” – allegedly bad tasteFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld This headnote does not form part of the decision. Broadcast [1] Serial Mom, a satirical movie about a murderous suburban mother in America, was broadcast on TV2 from 10. 30pm on 26 January 2004. Early in the movie, the lead character makes an obscene telephone call. During the call the word “fuck” is spoken repeatedly and other offensive language is also used. Complaint [2] Doreen Holding complained to Television New Zealand Ltd, the broadcaster, about the use of the word “fuck”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – satirical take-off of documentary Super Size Me – presenter purportedly eating nothing but Middle-Eastern food for a month – developed stereotypical Muslim characteristics – ultimately ended up as Islamic terrorist – allegedly denigratory of Muslims FindingsStandard 6 (fairness) – Guideline 6g (denigration) – item clearly satirical – intended to satirise not only Super Size Me but also media’s stereotypical portrayal of Muslims and Islam – not upheld This headnote does not form part of the decision Broadcast [1] On Eating Media Lunch on 22 July 2004, at 9:30pm, presenter Jeremy Wells satirised the recent documentary film, Super Size Me, in which the filmmaker ate nothing but McDonalds for 30 days and measured the effects on his health....

An appeal against this decision was dismissed in the High Court: CIV 2003-485-2658 PDF1. 96 MBComplaintOne News – item about children kidnapped by "Lord’s Resistance Army" in Uganda – raped – tortured – forced to murder – unsuitable for children at that hourFindingsStandard 9 and Guidelines 9a, 9c and 9e – majority – children treated badly – upholdStandard 10 and Guideline 10g – majority – warning necessary in view of violent, disturbing and alarming material – upholdNo OrderThis headnote does not form part of the decision. Summary[1] The brutality suffered by the children kidnapped by the self-styled Lord’s Resistance Army in Uganda was dealt with in an item broadcast on One News, beginning at 6. 00pm on Saturday 5 July 2003. It was reported that as many as 20,000 children had been kidnapped over a period of 17 years and had been tortured, mutilated, raped or forced to kill....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 TVNZ News – stated that “your odds” of being hit by a piece of satellite were 1 in 3,200 – allegedly inaccurate Findings Standard 5 (accuracy) – item was inaccurate in stating that “your odds of being hit by a piece of this satellite. . . [were] 1 in 3,200” because they were the odds of anyone getting hit – misleading to then compare those odds and imply it was more likely than being in a car accident – however broadcaster could have expected to rely on reputable news agency and figures supplied by NASA – effect of inaccuracy not so serious as to outweigh the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – interview with a man about the fate of his wife who died in the February 2011 Christchurch earthquake – showed sequence of photographs as reporter stated, “As these police photos show, there were concrete cutters used on the western side of the building, but what about on the side [the woman] and four others were trapped? ” – photographs allegedly inaccurate and misleading FindingsStandard 5 (accuracy) – photographs used to illustrate assertions, based on eyewitness evidence, that concrete cutters were available but not used – use of photographs not material in the context of the item – photographs would not have misled viewers in any significant respect – not upheld This headnote does not form part of the decision....

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