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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 46/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CATHOLIC DIOCESE OF AUCKLAND Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

The Authority has declined to determine a complaint alleging R&R breached the good taste and decency, discrimination and denigration, accuracy and fairness standards. The programme discussed Aotearoa New Zealand’s colonial history. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy, Fairness...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – sports news "Best of 2006" reviewed rugby league – allegedly unfair in view of the issues covered, allegedly inaccurate in reporting a comment from the Kiwis' coach, and the violence shown was gratuitous FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – review explained its approach and fairly reflected the 2006 season – not upheld Standard 10 (violence) – no gratuitous violence screened – not upheld This headnote does not form part of the decision. Broadcast [1] The 2006 year in rugby league was reviewed in a sports news series entitled "Best of 2006". The item was broadcast on 29 December 2006 during One News at 6. 00pm on TV One and began: The 2006 rugby league season will probably be remembered more for all the off-field dramas than any playing action....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – interviewed former SIS agent about its operation in the 1970s involving Dr William Sutch and representatives of the Soviet Embassy – former agent said that Dr Sutch had been a spy for 30 years – allegedly unbalanced, inaccurate and unfair Findings Standard 4 (balance) – programme did not deal with a controversial issue of public importance – standard does not apply – not upheld Standard 5 (accuracy) – statements clearly expressions of former agent’s opinion – not facts – not upheld Standard 6 (fairness) – no unfairness to members of Dr Sutch’s family – not upheld This headnote does not form part of the decision. Broadcast [1] Kit Bennetts, a former SIS agent who had obtained High Court approval to publish a book covering aspects of his work, was interviewed on Sunday, broadcast on TV One at 7....

ComplaintLocation, Location, Location – property sale – gratuitous exposure of the vendors’ relationship – allegedly insensitive and unfair FindingsStandard 6 – argument pivotal to transaction– no adverse reflection on complainant – not unfair – no uphold This headnote does not form part of the decision. Summary [1] An episode in the series Location, Location, Location was broadcast on TV One at 7. 30pm on Monday 7 July 2003. One part of the programme featured Mr and Mrs Hepworth attempting to sell their home. [2] Mrs Hepworth complained to Television New Zealand Ltd, the broadcaster, that the programme was unfair to her by including an argument between her and her husband that was incidental to the programme. [3] TVNZ maintained that it could not identify any aspect of the programme where the complainant had been treated unfairly. Accordingly, it declined to uphold the complaint....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Infrastructure Advertisement – contained images of infrastructure that was allegedly planned, consented, funded and mostly completed under the previous Labour Government – allegedly in breach of accuracy and fairness standards FindingsStandard E1 (election programmes subject to other Codes) – Standards 5 (accuracy) and 6 (fairness) of the Free-to-Air TV Code – advertisement created impression that the National-led Government had a role in the examples of infrastructure shown – however language in the advertisement was couched in present and forward-looking terms rather than looking at past achievements – not inaccurate – fairness standard only applies to individuals or organisations taking part or referred to – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about launch of Green Party election campaign contained brief, out-of-focus background image of a person’s “butt crack” – allegedly in breach of good taste and decency, privacy and fairness standards FindingsStandard 1 (good taste and decency) and Standard 6 (fairness) – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on 6 November 2011, reported on the launch of the Green Party’s election campaign. Green Party co-leader Russell Norman was shown addressing the attendees at the launch from a stage, and the camera panned down to focus on a baby in a pram. In the background of the shot of the baby, a person’s “butt crack” was briefly visible....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-064 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOWELANCO (NZ) LIMITED of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-018 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAEWYN CLARK of Manurewa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An item broadcast on Holmes on TV One on 15 December 1997 focussed on two teenage girls whose mother had died, owing about $2,000 to Adelphi Finance. The broadcast related how the girls’ father had moved in to care for them and how, shortly after, furniture in their house had been repossessed on behalf of that company. Adelphi Finance Ltd, through its solicitors, complained to Television New Zealand Limited, the broadcaster, that the item was factually inaccurate, distorted the actual events, was unbalanced and partial, and presented a misleading impression of both the complainant and the circumstances of the repossession. TVNZ responded that the complainant was given every opportunity to present its side and to have it included in the item. Further, it noted that a studio summation of the complainant’s case was included at the end of the broadcast....

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989 Radio Wanaka – complainant had raised concerns with the media about the theme of her daughter's school's ball after-party – host said the complainant needed "to get bloody bulleted out of town" – broadcaster upheld part of fairness complaint and broadcast an apology the following week – action taken allegedly insufficient Findings Standard 6 (fairness) – not unfair to include complainant's name in the broadcast – action taken by broadcaster in relation to part of complaint upheld appropriate and sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] On the morning of 3 April 2009, the hosts of Radio Wanaka's breakfast show discussed a parent's concerns about an after-party following her daughter's school ball, which had the theme "White Supreeemacy"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item introduced as “The Funeral Director from the Dark Side” – about an undertaker whose practices were said to have offended some families – allegedly unbalanced, inaccurate and unfair – allegedly breached privacy of named undertakerFindings Standard 3 (privacy) – privacy principle (iii) – no intrusion in the nature of prying – not upheld Standard 4 (balance) – controversial issue discussed not featured in complaint – complaint subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – partiality dealt with under fairness – not upheld Standard 6 (fairness) – opportunities given to respond – not upheldThis headnote does not form part of the decision. Broadcast [1] “The Funeral Director from the Dark Side” was the introduction to an item broadcast on TV One’s Close Up at 7. 00pm on 7 June 2005....

Complaint Sunday – item on Maui’s dolphins and introduction of set net ban – unfair and unbalanced FindingsStandard 4 – views of those opposed to the set net ban balanced against those in support – issues raised about treatment of complainants best assessed under Standard 6Standard 6 (preparation) – no evidence of assurances about scope of programme – not unfair – not upheldStandard 6 (presentation) – complainants’ position presented out of context – failure to mention alternative management plan unfair to complainants – upheld OrdersBroadcast of statement $2000 contribution towards complainants’ legal costsThis headnote does not form part of the decision Summary [1] An item about Maui’s dolphins explained that the species was in danger of extinction. It described set net fishing as the “single largest threat to [the] animal’s continued existence” and discussed the imminent Government ban on set net fishing....

Complaints under s. 8(1)(a) and s. 8(1)(c) of the Broadcasting Act 1989One News – item on alleged police pack rape of Louise Nicholas – footage shown of former police house where rapes allegedly occurred – current house owner alleged item breached privacy and was unfairFindings Standard 3 (privacy) – no identification of current owner of house – not upheld Standard 6 (fairness) – current owner not referred to in item – not upheld This headnote does not form part of the decision. Broadcast [1] An item which reported developments following an accusation of rape by Louise Nicholas against three policemen was broadcast on One News on 31 January at 6. 00pm. The item included shots of the former police house where the rapes were alleged to have occurred....

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

SummaryItems concerning a research finding that a lyprinol extract from green-lipped mussels had been shown to be effective in killing cancer cells were broadcast on TV One on 30 July 1999 on One Network News and Holmes, commencing at 6. 00 pm and 7. 00 pm respectively. It was reported that researchers believed that the compound could inhibit the spread of certain types of cancers, and that they were about to commence clinical trials. The Ministry of Health complained to Television New Zealand Limited, the broadcaster, that the items were inaccurate, unbalanced, lacking in objectivity, and distorted the research and its significance. The tone and "sheer volume of coverage" contributed to this lack of balance, it wrote. The programmes failed to make it clear that Lyprinol was a dietary supplement and therefore a product about which therapeutic claims could not be made....