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Download a PDF of Decision No. 1993-077:Wells and Television New Zealand Ltd - 1993-077 PDF301. 25 KB...

Summary [This summary does not form part of the decision. ]A promo for Seven Sharp showed a Pit Bull owner describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. The Authority did not uphold a complaint that it was misleading to promote Pit Bulls as 'good family dogs'. The comments were clearly distinguishable as opinion, so the accuracy standard did not apply. Not Upheld: AccuracyIntroduction[1] A promo for Seven Sharp included a story on Pit Bull adoption. A Pit Bull owner was shown describing the dogs as the 'most sookiest, goofiest, loyal, loving teddy bears'. [2] Louise Chaney complained that it was misleading to promote Pit Bulls as 'good family dogs' as they can be dangerous and have been known to attack children. [3] The issue is whether the broadcast breached the accuracy standard, as set out in the Free-to-Air Television Code of Broadcasting Practice....

Summary[This summary does not form part of the decision. ]An episode of Cold Feet, a British comedy-drama series which followed the intertwining lives of three couples at different stages in their relationships, contained sex scenes. The Authority did not uphold a complaint that the sex scenes breached the children’s interests and good taste and decency standards. Cold Feet was not targeted at child viewers, it was classified Adults Only and broadcast during an appropriate timeband, and was preceded by a specific warning for sex scenes. The level of sexual content was not overly explicit and was justified by the episode’s narrative context. Overall the broadcaster adequately ensured child viewers could be protected from adult content, and the episode would not have offended or surprised the general viewing audience....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

The Authority has not upheld a complaint about two items reporting on the Conservative Party electoral victory in the 2019 United Kingdom general election. The items were on consecutive broadcasts of 1 News.   The complainant submitted that a statement by the news presenter that Boris Johnson had won a 365 seat majority in the United Kingdom Parliament was inaccurate, as Mr Johnson’s party had won 365 seats of the total number of 650 seats in Parliament and had an overall majority of 80 seats over all other political parties. The Authority did not consider that this was a material inaccuracy or that viewers would be significantly misinformed by the use of the phrase ‘a 365 seat majority. ’ Not Upheld: Accuracy...

The Authority has not upheld a complaint that a 1News item on tax cuts in the Government’s 2024 Budget breached the balance and fairness standards by portraying the tax cuts negatively, thereby misrepresenting the views of New Zealanders. The Authority found the balance standard was not breached as significant perspectives on the Budget were presented, viewers could reasonably be expected to be aware of other views, and the standard does not apply to concerns of bias. It also found the broadcast consistent with the level of robust scrutiny and political analysis that could reasonably be expected of politicians, so the fairness standard was not breached. Not Upheld: Balance, Fairness...

The Authority has upheld an accuracy complaint from John Minto on behalf of Palestine Solidarity Network Aotearoa about 1News’ reporting of violence that unfolded in Amsterdam surrounding a football match between the local team Ajax and Israel’s Maccabi Tel Aviv. The reporting comprised a pre-ad-break trailer reporting ‘antisemitic violence’, an introduction by the presenter which included a montage of ‘disturbing’ footage of violence described by Amsterdam’s mayor as ‘an explosion of antisemitism’, and a pre-recorded BBC item. The broadcaster upheld one aspect of the complaint, relating to mischaracterised footage used in the trailer and introduction, which was originally reported as showing Israeli fans being attacked, but later corrected by Reuters and other outlets to indicate it showed Israeli fans chasing and attacking one Dutch man....

The Authority has not upheld a complaint about an episode of Queer Aotearoa in which it was stated the Human Rights Act 1993 (HRA) outlaws discrimination based on sexual orientation or gender identity. The complaint was made under three standards: discrimination and denigration, accuracy and fairness. The Authority found the statement was a genuine expression of serious comment, analysis or opinion rather than something likely to incite discrimination or denigration. Regarding accuracy, the Authority noted the comment was consistent with Human Rights Commission guidance on the interpretation of the HRA, and a reasonable interpretation of the HRA. The Authority found it was not materially inaccurate in the context of the broadcast. The fairness standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Fairness ...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on proposed brothel aimed at women – contained interview with owner – promo shown during One News – both item and promo allegedly in breach of good taste and decency, controversial issues, responsible programming, and children’s interestsFindingsStandard 1 (good taste and decency) – promo and item covered legitimate story – neither broadcast contained visuals of brothels or sex workers – contextual factors – not upheld Standard 4 (controversial issues) – focus of promo and item was Ms Corkery – neither contained a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcasts [1] A promo for Close Up was broadcast during an episode of One News on TV One at 6. 25pm on Monday 16 August 2010....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

ComplaintSpace – interview with rock group Pantera – language – fuck – motherfucker – offensive – standard G2 upheld by broadcaster – warning acknowledged as inadequate – action taken to improve warnings FindingsDecline to determine – s. 11(b) – attempt by complainant to re-litigate conviction for use of obscene language under Telecommunications Act This headnote does not form part of the decision. Summary "Pantera", a heavy metal band, was interviewed on Space which was broadcast on TV2 on 11 May 2001 starting at 10. 25pm. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the language in a programme aimed at young people was obscene. In response, TVNZ noted that the interview included the words "fuck" and "motherfucker". It referred to the programme’s AO rating and time of broadcast, and said that the language used was part of the "Pantera persona"....

ComplaintSpin City – offensive behaviour – homosexual activity – unsuitable for children FindingsStandard G2 – not offensive – no uphold Standard G12 – jokes involving homosexuality not intrinsically unsuitable for children – no uphold This headnote does not form part of the decision. Summary In an episode of Spin City, the main character discovered that a friend of his was gay. The programme featured the attraction between the friend and another gay man. It was broadcast on TV2 at 6. 30pm on 20 April 2001. Janice Urry complained to the broadcaster, Television New Zealand Ltd, that the broadcast included "situations of a distinctly homosexual nature" and "homosexual intercourse". She described the material as "disgusting", "degrading" and unsuitable for broadcast to children. TVNZ maintained that homosexuality was not a subject which should be forbidden when children were watching television....

Summary The promo for a 60 Minutes programme was broadcast on TV One between 5. 30–6. 00pm prior to 24 October 1999 and featured the author of a book on female erotica. Referring to a passage in her book, she asked "who wants to have a silent orgasm? " Mr Petterson complained to Television New Zealand Ltd, the broadcaster, that this remark "transcends acceptable behaviour in a family home". He objected to its broadcast at an early hour when young children would be watching television and suggested that it could be embarrassing for parents if their children asked what the question meant. In its response, TVNZ emphasised that as the word "orgasm" was not in itself offensive, it did not see how it could cause harm to children....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on search for missing sailor – report stated that air force had covered an area of around 360,000 kilometres – 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 Monday 29 March 2010, reported on a missing sailor whose boat had been found off the Chatham Islands – the man was still missing, but his dog was found alive on board the boat. [2] During the item, the reporter stated that a “helicopter and Airforce Orion covered an area of around 360,000 kilometres from Gisborne to the East Cape”....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Birdland – presenter Jeremy Wells looked at birdlife in New Zealand – visited a weka farm in Southland – was shown caring for pet mice then releasing them to be eaten by weka – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence FindingsStandard 9 (children’s interests) – guideline 9d – animals badly treated – gratuitous and not justified by context – broadcaster did not adequately consider children’s interests – upheld by majority Standard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 10 (violence) – subsumed into consideration of Standard 9 No Order This headnote does not form part of the decision. Broadcast [1] An episode of Birdland, a locally produced wildlife programme hosted by comedian Jeremy Wells, was broadcast on TV One at 7pm on Saturday 14 November 2009....

SummaryAn item on the programme 5. 30 with Jude, broadcast on TV One on 7 October 1998, featured a representative from a health products company discussing soy products, phytoestrogens, and commercial products containing them, with the presenter. Mrs James complained to Television New Zealand Limited, the broadcaster, that statements made in the item were unbalanced, and did not mention the risks of soy or phytoestrogen ingestion. The item confused soy food used as part of a varied diet with a component (phytoestrogen) extracted from it, she wrote. TVNZ responded that its research revealed many articles and symposia disclosing the beneficial effects of soy foods. Noting that soy products were freely available in New Zealand, and that there was no widespread concern about their sale, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mrs James referred her complaint to the Broadcasting Standards Authority under s....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – repeat episode at 7am on a Sunday morning – reported controversy over recent photographs in Pavement magazine – showed photographs of topless 19-year-old girl – allegedly in breach of children’s interests. FindingsStandard 9 (children’s interests) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat episode of the current affairs programme Sunday was broadcast on TV One at 7am on Sunday 29 October 2006. One item reported controversy over a recent magazine spread in Pavement magazine, which some people argued contained sexualised images of girls as young as 11 years of age. The programme featured photographs from the magazine, including several shots of a topless 19-year-old girl, and showed advertisements with models adopting suggestive poses....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – language – “fuck you” – allegedly offensive – warning requiredFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – warning not necessary – not upheld This headnote does not form part of the decision. Broadcast [1] Spooks is a BBC drama series built around the activities of a fictional counter-terrorism unit attached to MI5. MI5 is the government agency responsible for internal security. In an episode beginning at 9. 30pm broadcast on TV One on 24 February 2004, one character said to another “fuck you”. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that such language was offensive and the programme should have been preceded with a warning. Standards [3] TVNZ assessed the complaint under Standard 1 and Guidelines 1a and 1b of the Free-to-Air Television Code of Broadcasting Practice....

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....