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An appeal against the decision was dismissed in the High Court but the order for costs was quashed: CIV 2011-485-1836 PDF110. 08 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter stated that supernova was “240 light years from Earth” – allegedly inaccurateFindingsStandard 5 (accuracy) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989OrdersSection 16(1) – $50 costs to broadcasterThis headnote does not form part of the decision. Broadcast[1] An item on One News, broadcast on TV One at 6pm on 6 January 2011, reported on the discovery of a supernova by a 10-year-old Canadian girl. During the item the reporter stated: The Canadian Astronomical Society says Kathryn’s supernova was in a galaxy 240 light years from Earth....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on impact of the warm winter on New Zealand’s winter athletes and their training regimes – newsreader and reporter described Piera Hudson as “one of the world’s top junior skiers” and “one of the top junior female skiers in the world, [who] has recently been selected in the New Zealand Junior Winter Olympics squad” – included footage of Piera competing at Topolino ski games as voiceover stated, “Piera ended the European season well, seen here competing at the junior world champs in Italy in March where she came fourteenth in the slalom” – statements allegedly inaccurate FindingsStandard 5 (accuracy) – average viewer would have interpreted terms “junior” and “top” skier in accordance with their ordinary meaning – phrase “junior world champs” was used colloquially and not to denote formal title of event – item correctly stated that Piera had…...

ComplaintOne News – item reported the issue of a safety advisory notice for an oil heater sold through the Warehouse – following item reported death of two girls in fire thought to have been caused by gas heater – complaint that items unbalanced, inaccurate and unfair Findings Standard 4 – each item balanced – not upheld Standard 5 – each item accurate – not upheld Standard 6 – juxtaposition of items created misleading impression – unfair – upheld No OrderThis headnote does not form part of the decision Summary [1] The issue of a safety advisory notice about the Brio Five Fin oil heater, sold through The Warehouse stores, was reported in an item broadcast on One News on 30 August 2003 beginning at 6. 00pm on TV One....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item on New Zealand’s poor record of child abuse – recited list of recent cases of abuse and murder – presenter referred to “father” as perpetrator – allegedly inaccurate and unbalanced Findings Principle 4 (balance) – balance aspect of complaint more appropriately dealt with under Principle 5 (accuracy) – statements of fact rather than particular perspective or opinion – not upheld Principle 5 (accuracy) – item later clarified that perpetrators often male figure other than natural father – overall item not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Holmes, broadcast on TV One on 30 June 2004, concerned New Zealand’s record of child murder and abuse....

Complaint Flipside – item looking into cheating at Universities – comment that Asian learning cultures rewarded copying while punished in New Zealand – inaccurate – denigrated Asian culture Findings Standard 5 – comments a mixture of facts and opinion – no inaccurate facts Standard 6 – genuine opinion – not unfair This headnote does not form part of the decision. Summary [1] Cheating among students at universities was considered in a segment of Flipside broadcast on TV2 at 6. 30pm on Tuesday 1 October 2002. Dr David Brook, Deputy Vice Chancellor at the Auckland University of Technology, was one of the people interviewed. [2] Daphne Wong complained to Television New Zealand Ltd, the broadcaster, that Dr Brook’s comment that copying was rewarded in Asian cultures but punished in New Zealand, was untrue and denigrated an entire culture....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of law and order, privacy, balance and fairnessFindings Standard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to disorderly acts – not upheld Standard 3 (privacy) – signatures on a petition not private facts – not upheld Standard 4 (balance) – controversial issue – perspectives of both sides solicited in a balanced manner – not upheld Standard 6 (fairness) – subsumedThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Dancing with the Stars – remarks made by hosts considered offensive and blasphemous – allegedly in breach of standards relating to good taste and decencyFindingsStandard 1 (good taste and decency) – comments mild and light hearted – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Dancing with the Stars on 19 June 2005 at 8. 30pm. The two hour special was the finale of an ongoing ballroom dancing competition which partnered New Zealand celebrities with professional dancers. The show was hosted by a female dancer and a well known male television personality. [2] At one point in the show, the male host made a remark about a performance, commenting “on a Sunday too! ”, followed by “Hail Mary!...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a 1 News item, reporting on a national hikoi against the use of 1080, was unbalanced. The item focused on claims from the Department of Conservation (DOC) and Forest & Bird that the increased protest activity was resulting in a rise in threats to staff. The Authority recognised that the item addressed a controversial issue of public importance and found that it pointed to significant viewpoints on this issue, with comment sought from the hikoi organiser, as well as representatives from DOC, Forest & Bird and the Minister of Conservation. The issue was also widely reported in other news media, during the period of current interest, with viewers therefore likely to be aware of the main perspectives on this narrow issue associated with the 1080 debate....

The Authority has not upheld a complaint about an episode of New Zealand Hunter Adventures featuring two groups of duck shooters in New Zealand. The episode included footage of people, including young people, using firearms, shooting ducks, celebrating successful shots, holding and plucking dead ducks, and showcasing hunting gear and equipment. Taking into account the relevant contextual factors including the programme’s classification, target audience and audience expectations, the broadcast did not breach the good taste and decency, children’s interests or violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Summary [This summary does not form part of the decision. ]An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact....

Summary[This summary does not form part of the decision. ]A promo for Embarrassing Bodies Downunder broadcast at 7. 15pm during Shortland Street contained a brief reference to the effect of pineapple on the taste of semen. The Authority did not uphold the complaint that the sexual references in the promo were inappropriate for broadcast in this timeslot. The reference to oral sex was inexplicit, would not likely have been understood by most younger viewers and did not exceed expectations of the regular audience of the host programme, which frequently contains mature themes. Not Upheld: Good Taste and Decency, Children's InterestsIntroduction[1] A promo for Embarrassing Bodies Downunder contained a brief reference to the effect of pineapple on the taste of semen as follows: Presenter: What might pineapple do to something in your body? Woman: Change the taste of your semen. . . ? Presenter: Have you given it a crack?...

Summary[This summary does not form part of the decision. ]An item on 1 News explored issues of climate change in the lead up to the 2017 United Nations Climate Change Conference held in Bonn, Germany. During the introduction to the item, presenter Simon Dallow stated that ‘New Zealand emits a tiny fraction of the world’s greenhouse gases’. The Authority did not uphold a complaint that Mr Dallow’s statement was unbalanced, as no information was provided to viewers about New Zealand’s high per capita greenhouse gas emissions. The precise levels of New Zealand’s total greenhouse gas emissions were not ‘discussed’ during this item, which is required in order for the balance standard to apply. The introductory segment covered a wide range of topics related to climate change and the item as a whole primarily focused on the impact of climate change on low-lying nations such as Fiji....

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society....

Summary[This summary does not form part of the decision. ]A short news item during Breakfast reported that the body of a German hostage, who had been beheaded by militants in the Philippines, had been recovered. The Authority did not uphold a complaint alleging that the item depicted a ‘severed head’, which was offensive and unacceptable to broadcast, especially during a time when children were likely to be watching television. In the context of a very brief news report, the item would not have exceeded audience expectations and would not have unduly offended or disturbed viewers. The content shown was not graphic or at a level which required a warning to be given, and the story carried public interest....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter referred to Tip Top ice cream competition and informed viewers how to enter – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – segment did not threaten objectives behind “responsible programming” – promotions of this nature are now commonplace – Broadcasting Act and standards as written do not contemplate this type of segment or give authority to address these issues – not upheld Standard 9 (children’s interests) – broadcast was not aimed at children and would not have disturbed or alarmed any children who were watching, in the manner envisaged by the standard – not upheld This headnote does not form part of the decision. Introduction [1] During a segment on Breakfast, the presenter referred to a ‘Feel Tip Top Giveaway’ competition....

Download a PDF of Decision No. 1991-028:McKay and Television New Zealand Ltd - 1991-028 PDF318. 05 KB...

Summary [This summary does not form part of the decision. ]The opening scenes of an episode of Rake included four instances of the word ‘fuck’. The Authority did not uphold the complaint that this constituted strong adult material which screened too close to the Adults Only 8. 30pm watershed. The language was not so frequent or offensive that it required a restriction to a later time, and was relevant to the narrative and to character development. The programme was also preceded by a clear warning for coarse language. Not Upheld: Children’s InterestsIntroduction[1] The opening scenes of an episode of Rake included four instances of the word ‘fuck’. The first two instances were in an exchange between two male characters arguing. The third was during an argument between the main character and his son, and the fourth was the main character muttering angrily to himself ‘fuck me’....

Download a PDF of Decision No. 1992-081:Woolerton and Television New Zealand Ltd - 1992-081 PDF305. 42 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 41/95 Dated the 29th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...