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Decisions
Felderhof and Television New Zealand Ltd - 1993-118
1993-118

Download a PDF of Decision No. 1993-118:Felderhof and Television New Zealand Ltd - 1993-118 PDF386. 53 KB...

Decisions
Oosterbroek and Television New Zealand Ltd - 2008-102
2008-102

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....

Decisions
Dewar and Television New Zealand Ltd - 2005-085
2005-085

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about improving the safety of the site of the 1986 Chernobyl nuclear disaster – reported thousands had died during and after the event – allegedly inaccurateFindingsStandard 5 (accuracy) – although a human and environmental catastrophe, UN and WHO sources suggest deaths of less than 100 – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Fresh concerns about improving the safety of the 1986 Chernobyl nuclear disaster site in the Ukraine were covered in an item on One News broadcast on TV One at 6. 00pm on 13 May 2005. It was reported that “thousands of people died during and after the disaster”. Complaint [2] Allan Dewar complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate....

Decisions
Walter and Television New Zealand Ltd - 2009-073
2009-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported that a 40-year-old man had been accused of knowingly infecting people with HIV – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – identifiable to limited group of people who had seen the website or the photos – allegation of criminal behaviour not a private fact – HIV-positive status normally a private fact but public interest defence applied – not upheld Standard 6 (fairness) – high level of public interest especially in alerting those who could identify the man – guideline relating to discrimination and denigration not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast at 7pm on TV One on 15 May 2009, was introduced as follows: What kind of person knowingly infects lovers with the HIV virus?...

Decisions
Schwabe and Television New Zealand Ltd - 2000-038
2000-038

Summary In a review of events surrounding the Erebus crash, it was reported that the then CEO of Air New Zealand had told a senior pilot "I’ll cut your f-ing balls off". The remark was quoted in a 60 Minutes item broadcast on 28 November 1999 at 7. 30pm, the 20th anniversary of the crash of the Air New Zealand plane in the Antarctic. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that such language was offensive, unacceptable and entirely unnecessary, particularly in a programme which dealt with a subject still painful for the friends and relatives of those killed. TVNZ emphasised the context in which the remark was made and suggested the comment reflected the bitterness and unresolved questions arising from the disaster. In its view, the phrase spoke volumes about the emotions aroused by the debate....

Decisions
Harang and Television New Zealand Ltd - 2003-033
2003-033

ComplaintHot Property – amateur male strip to raise money for club house – 5. 30pm – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 – not likely to upset or disturb children – no uphold This headnote does not form part of the decision Summary [1] Hot Property is an Australian series about real estate sales. A sequence in which members of a men’s soccer club performed an amateur striptease to raise money for a clubhouse was included in the episode broadcast on TV One at about 5. 30pm on 31 December 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that it was offensive to screen a male strip sequence at 5. 50pm, in which naked backsides were shown clearly, without a warning....

Decisions
Burns and Television New Zealand Ltd - 2004-012
2004-012

ComplaintOne News – item disclosed details of murder victim's private life – information allegedly gained by deception – use insensitive to familyFindings Standard 6 and Guidelines 6c and 6e – conflicting accounts about provision of information – decline to determine – s11(b)This headnote does not form part of the decision Summary [1] Details of the private life of murder victim Mark Burns were broadcast in an item on One News at 6. 00pm on 7 September 2003. [2] Irene Burns, an aunt of the deceased, complained to Television New Zealand Ltd, the broadcaster, that the journalist who had contacted her about Mark's death had reported information in the item which she had asked not to be broadcast. [3] In response, TVNZ contended that the accounts of the events from the complainant and the reporter could not be reconciled....

Decisions
Society for the Protection of the Unborn Child (Kapi-Mana) and Television New Zealand Ltd - 1995-135
1995-135

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 135/95 Dated the 30th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOCIETY FOR THE PROTECTION OF THE UNBORN CHILD (Kapi-Mana) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Christian Heritage Party and Gibson and Television New Zealand Ltd - 1996-023, 1996-024
1996-023–024

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-023 Decision No: 1996-024 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CHRISTIAN HERITAGE PARTY and MICHAEL GIBSON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Elston and Television New Zealand Ltd - 1997-061
1997-061

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-061 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MURRAY ELSTON of Cromwell Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
McBride and Television New Zealand Ltd - 1997-117, 1997-118
1997-117–118

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-117 Decision No: 1997-118 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Clayton and Television New Zealand Ltd - 1998-148, 1998-149
1998-148–149

Summary District Court Judge Martin Beattie was acquitted on 1 August 1997 on a number of dishonesty charges after a jury trial. It was a high-profile case. On 27 July 1998, a news item revealed the contents of a High Court ruling made before the trial in which the judge had ruled inadmissible a report prepared by a QC at the request of the Chief District Court Judge in the early stages of the investigation. The item reported that the judgment disclosed the QC’s opinion that Judge Beattie was guilty of fraud. Mr Clayton complained to Television New Zealand Ltd, the broadcaster, that the QC’s opinion about the judge’s behaviour was "utterly irrelevant", and the disclosure not only breached broadcasting standards, but also invaded Judge Beattie’s privacy....

Decisions
Collier and Television New Zealand Ltd - 2008-028
2008-028

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Distraction – British comedy quiz show – contained conversations of a sexual nature and coarse language – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 10pm on 25 January 2008. The episode included conversations of a sexual nature, which came about by the host asking questions of the four contestants and then commenting on their answers. [2] An example of one such exchange was as follows: Host: (asking one of the three female contestants) Who out of Sharon and Sue has had sex with their partner’s big toe?...

Decisions
Denley and Television New Zealand Ltd - 2007-065
2007-065

Complaint under section 8(1)(a) of the Broadcasting Act 1989Shortland Street – contained a scene in which a character dreamed about a sexual encounter – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – programme was classified PGR – no nudity – broadcaster was mindful of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Shortland Street, broadcast at 7pm on 31 May 2007, a scene showed two of the main characters, Maia and Mark, involved in a sexual encounter. The scene contained head-and-shoulder shots of both characters apparently having sex. The scene ended eight seconds later with the character Maia waking up and realising that the sexual encounter with Mark was just a dream....

Decisions
Arthur and Television New Zealand Ltd - 2006-115
2006-115

Complaint under sections 8(1)(a) and 8(1)(c) of the Broadcasting Act 1989One News – item about the Teachers Council registering people with convictions – referred to the case of a high school teacher who had been “convicted of supplying P to four students” – allegedly in breach of privacy, inaccurate and unfair Findings Standard 3 (privacy) and privacy principle 2 – insufficient time had passed for public fact to become private – not upheld Standard 5 (accuracy) – while item was ambiguous as to whether Mr Arthur supplied P to his own students, it was inaccurate to state that he supplied P to students – upheld Standard 6 (fairness) – unfair to state that Mr Arthur supplied P to students – upheld No Order This headnote does not form part of the decision....

Decisions
Lawson and Television New Zealand Ltd - 2004-027
2004-027

ComplaintOne News – item reported public street marches opposing lifting of GE moratorium – unbalanced as it suggested opponents were militant and irrational and lacked scientific and economic sense Findings Standard 4 – item focused on depth of demonstrators’ concerns and Government’s response to those concerns – not unbalanced – not upheldThis headnote does not form part of the decision Summary [1] Marches in Auckland, Wellington and Christchurch protesting the forthcoming lifting of the moratorium on GE field experiments were dealt with in an item on One News, broadcast on TV One on 11 October 2003 beginning at 6. 00pm. The item focused on events in Auckland. [2] John Lawson complained to Television New Zealand Ltd, the broadcaster that the item was unbalanced as it suggested the anti GE movement consisted of militants and irrational people who had no scientific or economic sense....

Decisions
Boyce and Television New Zealand Ltd - 2004-119
2004-119

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about the employment of disabled person – employer told of physical disability only – employee had mental health disability as well – disruption of staff – employer believed that she should have been told of mental health disability – allegedly discriminated against mentally disabledFindings Standard 6 and Guideline 6g (discrimination) – item focused on specific employee and presenter’s comment on specific employer – not upheld This headnote does not form part of the decision. Broadcast [1] The disruption caused by an employee with a mental health disability was recounted by a Nelson hairdresser in an item on Holmes broadcast on TV One at 7. 00pm on 21 June 2004....

Decisions
Nicol and Television New Zealand Ltd - 2003-070
2003-070

ComplaintHolmes – coverage of rally driver Possum Bourne’s funeral service – tribute by eight-year-old son – breach of child’s privacy FindingsStandard 3 and Guideline 3a – Privacy Principle (vii) – best interests of child considered by broadcaster – no uphold This headnote does not form part of the decision. Summary [1] Coverage of rally driver Possum Bourne’s funeral service was broadcast on Holmes on TV One at 7. 00pm on 6 May 2003. The item included the tribute made by his eight-year-old son, Taylor Bourne. [2] Kevin Nicol complained to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item, broadcast by Television New Zealand Ltd, breached the child’s privacy....

Decisions
Smits and Television New Zealand Ltd - 2002-004
2002-004

ComplaintSpace – music video – Massive Attack – focused on stripper – full frontal nudity – offensive behaviour FindingsStandard G2 – acceptable in context – no uphold This headnote does not form part of the decision. Summary [1] A music video by the band Massive Attack was included as the final item on Space broadcast on TV2 on Friday 17 October 2001, between 10. 30 and midnight. The video showed a stripper going through her routine and finishing with full frontal nudity. Space is a magazine programme containing live music, music videos, and other multi-media events. [2] Mr Smits complained to Television New Zealand Limited, the broadcaster, that the strip routine containing full frontal nudity was offensively gratuitous, and in breach of the standards relating to taste and decency....

Decisions
Worthington and Television New Zealand Ltd - 2001-011
2001-011

ComplaintHolmes – air accident – advice for travellers to dress as for a bonfire – offensive – sensational – distasteful FindingsStandard G14 – not applicable Standard G16 – perhaps flippant comments but would not cause alarm Standard G20 – not relevant This headnote does not form part of the decision. Summary An item on Holmes, broadcast on TV One on 3 November 2000 beginning at 7. 00pm, gave advice to travellers about how to improve their chances of surviving an aircraft disaster. The item followed an aircraft accident in Taipei. R P Worthington complained to Television New Zealand Ltd, the broadcaster, that the subject matter had been handled in a distasteful manner, and was inflammatory and biased. In the complainant’s view, the way in which the item had been written was particularly offensive....

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