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Dated: 6 July 2010 Decision No:  2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE  of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One                                   Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...

The Authority has not upheld a complaint about two Breakfast interviews discussing the Government’s decision to reduce New Zealand’s methane emissions target – first with the Executive Director of Lawyers for Climate Action, then 45 minutes later with New Zealand Prime Minister Rt Hon Christopher Luxon. The complaint was that the interview approaches varied between the two interviewees, creating an ‘unfairness and imbalance’ for viewers. The Authority found no breach of the balance standard as significant perspectives were presented within the broadcast and both interviewees had ample opportunity to explain their positions. Further, the style and type of questions raised in each interview were a matter of editorial discretion for the broadcaster. The fairness standard did not apply. Not Upheld: Balance, Fairness...

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

The Authority has not upheld a complaint that an interview between Indira Stewart and Hon Judith Collins as part of Breakfast’s ‘weekly check-in’ with the Leader of the Opposition breached the balance and accuracy standards. While acknowledging the robust and heated nature of the interview, the Authority found that as the segment was an interview with the Leader of the Opposition, and provided her with the opportunity to respond at length, the balance standard was not breached. Further, while the complainant considered Stewart’s line of questioning and comments to be uninformed and inaccurate, the Authority found that these were not ‘statements of fact’ to which the accuracy standard applied. Not Upheld: Balance and Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters discussed Civil Defence emergency survival kits – presenter commented on what people should have in their kits, Mormons being prepared for disasters as part of their faith, and whether people should just have a gun and bullets and use them to take other people’s kits – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments were inane banter that was not intended to be taken seriously – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 7 September 2010, the presenters, Paul Henry, Pippa Wetzell and Peter Williams, discussed Civil Defence emergency kits....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item reported on death of motorcyclist on racing track – included footage of the accident – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – footage was brief and shot from a distance – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Breakfast, broadcast on TV One at approximately 7. 05am on Monday 6 September, reported on the death of a motorcyclist. The news reader stated, “In sport, there’s been an horrific death in the 250cc section of the Moto GP in San Marino. Japanese rider Shoya Tomizawa on the red bike was killed after being hit by two others in this incident. The other two riders escaped serious injury....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host said that obese children “should be taken away from their parents and put in a car compactor” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – comment was light-hearted and intended to be humorous – not upheld This headnote does not form part of the decision. Broadcast [1] At the beginning of Breakfast, broadcast on TV One between 6. 30am and 9am on 3 February 2009, the programme’s presenters outlined the upcoming items for the day. One host stated, “should obese children be taken away from their parents? That is what Australian experts are suggesting – well, some of them anyway. We’ll wade into the debate after 7”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item on puppies being euthanized by Invercargill City Council – included interview with the mayor of Invercargill – allegedly in breach of controversial issues, accuracy and fairness standards Findings Standard 4 (controversial issues – viewpoints) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns did not relate to a material point of fact – not upheld Standard 6 (fairness) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Breakfast’s news segment, broadcast on TV One at 8. 05am on Thursday 20 August 2009, reported on puppies being destroyed by Invercargill City Council. The presenter stated: Invercargill’s Mayor is standing by his Council amid accusations that it’s unnecessarily killing puppies....

Summary[This summary does not form part of the decision. ]During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech. ’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy  Introduction[1] During a sports news segment on Breakfast, the sports presenter discussed American golfer Jordan Spieth’s victory at the British Open Championship....

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Breakfast, in which the phrase ‘he rooted my missus’ was read out on air, breached the good taste and decency standard. The Authority found that while the phrase was coarse and may have offended some viewers, the term ‘rooted’ was unlikely to undermine or violate widely shared community norms. Overall, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and DecencyThe broadcast[1] During an episode of Breakfast presenter Jack Tame read out some viewer feedback which included the phrase ‘he rooted my missus’. Other presenters on the show were shocked, laughed and said, ‘you can’t read that....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that the host of Breakfast had been "complicit in facilitating and allowing disparaging and racist remarks" to be made about Māori during an interview with child advocate Christine Rankin about the high rate of child abuse in New Zealand. The complainant said the host's "grossly offensive" questions had created the impression that only Māori abuse and kill their children, breaching standards of good taste and decency, balance and accuracy. The Broadcaster's ResponseTVNZ said Ms Rankin’s comments were not intended to disparage Māori but to call "for action on child abuse among Māori who are significantly over-represented in child abuse statistics". She had clearly stated that it was not just Māori who were abusing their children. The broadcaster said the host's questions had forced Ms Rankin to balance her comments....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item reported that two bodies had been found on top of a rail “carriage” – allegedly inaccurate One News – news item on the death of two men whose bodies were found on top of a rail wagon – during the item, an interviewee referred to rail “carriage” – allegedly inaccurate Findings Standard 5 (accuracy) – use of carriage technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on 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 1989Breakfast – contained interview with a psychologist who discussed different personality types in the workplace – presenter used the term “schizos” before and during the interview – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – comments lacked necessary invective to reach threshold – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – complainant did not identify any person or organisation he felt had been treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 22 September 2009, contained an interview with psychologist and employment relations expert Dr Giles Burch. [2] At 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast- host read out viewer feedback that contained joke referring to "Jesus Christ" – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and children's interests FindingsStandard 1 (good taste and decency) – "Jesus Christ" used to covey exclamation of light-hearted surprise – contextual factors – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 7 (discrimination and denigration) – not intended to encourage denigration of Christian people – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One at 6. 30am on Tuesday 23 March 2010. During the viewer feedback segment at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item discussed the assault on convicted murderer William Bell by fellow prison inmates – presenter made a statement regarding the assault – allegedly in breach of good taste and decency, law and order and fairness Findings Standard 1 (good taste and decency) – contextual factors – host’s statement was sarcastic – made clear to viewers that neither host supported violence against prisoners – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – people referred to were treated fairly – not upheld This headnote does not form part of the decision....