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Decisions
Jackson and Television New Zealand Ltd - 1999-236
1999-236

Summary There was a tense debate at the Annual General Meeting of the Hero Trust, according to an item on Queer Nation broadcast on TV2 at 11. 00pm on 5 October 1999. The meeting rejected a proposal to wind up the Trust, and a new Board was elected, the report continued. Several people who had been present at the meeting were interviewed. Kat Jackson of Auckland complained to Television New Zealand Ltd, the broadcaster, that the interview with a woman who had attended the meeting implied that she had the authority and knowledge to speak on behalf of the Trust. Ms Jackson said that the woman had unsuccessfully stood for a position on the Trust and was not empowered to speak on its behalf. She claimed that the broadcast of the interview without mention of this fact resulted in the item being unbalanced and partial....

Decisions
New Zealand Aids Foundation, and Moore and Bennachie on behalf of the Campaign for Human Rights, and Prime Television New Zealand Ltd - 2000-151, 2000-152
2000-151–152

ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....

Decisions
Bush and Television New Zealand Ltd - 2010-036
2010-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Decisions
Morton and Television New Zealand Ltd - 2008-131
2008-131

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about child’s death from meningococcal disease following misdiagnosis – paediatrician involved in initial misdiagnosis named twice during the item – allegedly in breach of privacy Findings Standard 3 (privacy) – doctor's name, place of work and involvement in the case not private facts – 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 27 November 2008, investigated the death of a young child from meningococcal disease after the illness was misdiagnosed at Wanganui Hospital. In the first part of the item, a Close Up reporter outlined what had happened, and interviewed the parents of the child at their home....

Decisions
Roberts and Television New Zealand Ltd - 2007-115
2007-115

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for The Tudors – contained sequence of brief scenes including woman standing with her arm across her chest, with one breast partly visible, and two shots of male character lying on top of a woman in bed kissing her – allegedly in breach of programme classification and children’s interests standards Findings Standard 7 (programme classification) – majority considered promo was appropriately classified PGR – broadcast during unclassified host programme – not upheld Standard 9 (children’s interests) – majority considered broadcaster considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast at 7. 20am on TV One on Sunday 9 September 2007 during the current affairs programme Sunday....

Decisions
Zarifeh, on behalf of the Wellington Palestine Group, and Television New Zealand Ltd - 2002-009
2002-009

ComplaintOne News – news bulletins about Middle East conflict – inaccurate descriptions of geography – Jerusalem, Gaza Strip and West Bank are Occupied Territory – Old City of Jerusalem not "The Contested City" as asserted in caption Appeal and Judicial Review sought by TVNZ against original findings (see Decision 2001-014) to uphold the complaint that, by reference to TVNZ’s Journalists’ Manual, "the Occupied Territories" is the correct term – no order Appeal dismissed Judicial ReviewConsent order – matter remitted back to the Authority Findings on ReconsiderationStandard G14 – majority – caption "The Contested City" sufficient given item’s focus on peace talks and freedom of expression in Bill of Rights – minority – caption inaccurate – of material importance – freedom of expression does not apply to material inaccuracy – overall – no uphold This headnote does not form part of the decision....

Decisions
Niumata and Television New Zealand Ltd - 2002-166
2002-166

ComplaintBehind the Scenes – Ali G in da house – offensive behaviour FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] The programme Behind the Scenes – Ali G in da house was broadcast on TV 2 at 10. 45pm on 16 July 2002. [2] Angela Niumata complained to Television New Zealand Ltd, the broadcaster, that the programme included a sequence where the main character performed a suggestive and offensive act upon another character. [3] In declining to uphold the complaint, TVNZ said that in the context of adult comedy, the scene complained about did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Ms Niumata referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

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
Sharp and Harang and Television New Zealand Ltd - 1993-073, 1993-074
1993-073–074

Download a PDF of Decision No. 1993-073–074:Sharp and Harang and Television New Zealand Ltd - 1993-073, 1993-074 PDF698. 63 KB...

Decisions
Marshall and Television New Zealand Ltd - 2020-046 (24 August 2020)
2020-046

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that use of the word ‘cunt’ in the New Zealand crime drama series, One Lane Bridge, breached the discrimination and denigration standard. The Authority observed that the standard is not intended to prevent the broadcast of legitimate drama and considered that the threshold for its intervention had not been reached. It determined that use of the word, in its context, did not contain the level of malice or nastiness required to find a breach of the discrimination and denigration standard and did not amount to hate speech or a sustained attack on women as a section of the community. Not Upheld: Discrimination and Denigration...

Decisions
Taylor and Television New Zealand Ltd - 2017-041 (24 July 2017)
2017-041

Summary[This summary does not form part of the decision. ]An item on 1 News reported on an influx of refugees and migrants crossing the border from the United States of America (US) into Canada to claim refugee status. The reporter said that this influx was due to uncertainty after the election of Donald Trump as President, and a ‘loophole’ in the law which meant that ‘if a person can make it onto Canadian soil, they’re able to claim asylum’. The Authority found that the term ‘loophole’ was a reasonable description of a gap in the 2004 Canada-US Safe Third Country Agreement, in which refugee claimants seeking entry into Canada by crossing the border illegally would not be turned back to the US (as the first safe country), but rather arrested and allowed to claim refugee status in Canada....

Decisions
Malone & Sadd and Television New Zealand Ltd - 2014-155
2014-155

Summary[This summary does not form part of the decision. ]An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship match, in which he was kicked and punched repeatedly in the head. The Authority declined to uphold two complaints that the footage was excessively violent because the level of physicality was not unexpected and acceptable in the context of a sport news story covering a fight. Not Upheld: Good Taste and Decency, Responsible Programming, Children's Interests, ViolenceIntroduction[1] An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship (UFC) match, in which he was kicked and punched repeatedly in the head until the referee stopped the fight....

Decisions
Sharp and Television New Zealand Ltd - 1992-025
1992-025

Download a PDF of Decision No. 1992-025:Sharp and Television New Zealand Ltd - 1992-025328. 32 KB...

Decisions
Ross and Television New Zealand Ltd - 2010-060
2010-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Beyond the Darklands: Antonie Dixon – case study of convicted murderer Antonie Dixon based on the recollections of friends, family, neighbours, police and others as well as analysis by psychologist – programme mentioned his marriage to the complainant and referred to her several times – allegedly in breach of privacy, accuracy and fairness FindingsStandard 3 (privacy) – no private facts revealed about the complainant – complainant’s children not identifiable in the programme – not upheld Standard 5 (accuracy) – neighbour’s comments were clearly her recollection of events – programme not inaccurate or misleading – not upheld Standard 6 (fairness) – complainant and children not treated unfairly – not upheld This headnote does not form part of the decision....

Decisions
Lennon and Television New Zealand Ltd - 1998-011
1998-011

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-011 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by YVONNE LENNON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Yoxall and Television New Zealand Ltd - 1998-114
1998-114

Summary An item on Breakfast broadcast on TV One at about 7. 40 am on 9 July 1998 reviewed the contents of leading women’s magazines published during that week. A studio guest referred to Paula Yates, who was featured in a magazine, and commented that Yates was known largely "for shagging the famous". Mr Yoxall complained to Television New Zealand Limited, the broadcaster, that the remark was vulgar, and an unacceptable breach of good taste and decency. TVNZ responded that the context of the remark was that the live studio broadcast was as tabloid as the magazines it reviewed. The comment was the guest’s genuinely-held opinion, and reflected a widely-held view of Yates. It was delivered in a light-hearted, laconic manner and, although unfortunate in view of Yates’ apparent attempted suicide, did not breach the standard, TVNZ wrote....

Decisions
McIntyre and Television New Zealand Ltd - 1999-075
1999-075

Summary Mad Max 2 – The Road Warrior, starting at 9. 15pm, was broadcast on TV2 on 10 April 1999. Referring to a scene which showed a motorcycle gang member raping a woman and then shooting her, B McIntyre complained to Television New Zealand Ltd that the broadcast breached broadcasting standards. Explaining that the fantasy-adventure film was classified AO, and that it began 45 minutes after the watershed, TVNZ declined to uphold the complaint. The violence was justifiable in context, it said, and the sexual content in the scene was not explicit. Dissatisfied with TVNZ’s decision, B McIntyre referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint. Decision The members of the Authority have viewed the item complained about and have read the correspondence which is listed in the Appendix....

Decisions
Wakeman and Television New Zealand Ltd - 1999-239
1999-239

Summary Good Morning referred to the Alliance Party’s proposal to introduce higher taxes. The presenter asked "Should the rich be taxed more? ", and invited viewers to telephone or fax their responses for inclusion in the programme’s Voteline. Responses were provided to viewers in a graph format, and through the presenter’s comments during the course of the programme, which was broadcast on TV One on 29 September 1999, from 10. 00–12. 00 noon. Mr Wakeman complained to Television New Zealand Limited, the broadcaster, that the programme’s focus on tax rates was not balanced. He had attempted to participate in the poll, he said, and the broadcaster had advised it would contact him for his view but had failed to do so. He questioned the number of responses received, and also the presenter’s comment at one particular time that the poll was showing a lack of support for tax increases....

Decisions
Smits and Television New Zealand Ltd - 1995-138
1995-138

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 138/95 Dated the 30th day of November 1995 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 J Potter Chairperson L M Loates R McLeod...

Decisions
Bridson and Television New Zealand Ltd - 2005-062
2005-062

Complaint under section 8(1)(a) of the Broadcasting Act 1989Coke Countdown – Top 40 music video clips – allegedly sexually explicit and in breach of good taste and decency, fairness and children’s interestsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – denigration requires a high threshold – no denigration of women – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interest of child viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] Coke Countdown was broadcast on TV2 on Sunday 8 May 2005 from 10am to 12 noon. [2] The programme was a Top 40 show, featuring the most popular hit songs of the week. The fourth spot in the line up featured the song “Candy Shop” by hip hop artist 50 Cent, and featured female vocalist Olivia....

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