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Decisions
Parlane and Radio New Zealand Ltd - 2018-072 (14 November 2018)
2018-072

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an interview between Checkpoint’s John Campbell and former United States television personality, Matt Lauer, who at the time was involved in controversy regarding public access to his New Zealand property. The complainant alleged that Mr Campbell unfairly emphasised the New Zealand Overseas Investment Office’s (OIO) reassessment of Mr Lauer under its ‘good character test’, and later made false allegations about who had initially raised this topic. The Authority found that the circumstances of the OIO’s assessment were directly relevant to the discussion and that this was raised again later in the interview by Mr Lauer himself. Mr Lauer was given ample opportunity during the interview to present his perspective on his treatment by New Zealand media and the issue of foreign land ownership and public access....

Decisions
Purchase and Television New Zealand Ltd - 2020-064 (24 November 2020)
2020-064

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Markula and Mediaworks Radio Ltd - 2020-144 (31 March 2021)
2020-144

The Authority has not upheld a complaint about an interview between Magic Talk host Ryan Bridges and World Health Organisation Special Envoy Dr David Nabarro. The complainant argued the interview contained inaccurate information about Sweden’s approach to COVID-19 and mask wearing, and inaccurately suggested Dr Nabarro advocated New Zealand adopt Sweden’s approach. The Authority found the relevant statements were comment, analysis or opinion to which the accuracy standard does not apply. It also concluded they were not materially inaccurate or misleading in the context of the interview. The standards of good taste and decency, balance and fairness either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Balance, Fairness...

Decisions
Morton and Radio New Zealand Ltd - 2020-150 (20 April 2021)
2020-150

The Authority has not upheld a complaint about a question during a social welfare debate on Morning Report suggesting an ACT Party policy ‘smacks of eugenics’. In the context it was not outside audience expectations for Morning Report and political debate. It would not have caused widespread offence. The complaint did not raise any issues under the balance standard. The question was comment and analysis, to which the accuracy standard does not apply. Ms McKee and the ACT Party were treated fairly in the context of the debate. Not Upheld: Good Taste and Decency, Balance, Accuracy, Fairness...

Decisions
Donald and Television New Zealand Ltd - 2021-033 (2 August 2021)
2021-033

The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....

Decisions
O’Halloran and Television New Zealand Ltd - 2021-063 (15 September 2021)
2021-063

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

Decisions
Duff and TVWorks Ltd - 2010-003
2010-003

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contestant told a story about punching a boy at school who had Down syndrome – allegedly in breach of good taste and decency and discrimination and denigration standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments lacked necessary invective – attempt at humour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme 7 Days was broadcast on TV3 at 10pm on Friday 27 November 2009. The programme involved the host questioning two three-person teams of comedians about various events which had been reported in the media during the week. [2] During the programme, the panellists discussed an event that had occurred in America called “Kick a Ginger Day”....

Decisions
Exclusive Brethren Christian Fellowship and Television New Zealand Ltd - 1994-059
1994-059

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 59/94 Dated the 2nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EXCLUSIVE BRETHREN CHRISTIAN FELLOWSHIP Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Walker, Noble, Carter, Siew and Grainger and Television New Zealand Limited - 1999-180–1999-186
1999-180–186

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Decisions
Stockwell and Television New Zealand Ltd - 2009-078
2009-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Decisions
Walker and Television New Zealand Ltd - 2000-160
2000-160

ComplaintDocumentary New Zealand: "The Real New Zealand" – gay homestay – promotion of homosexuality – omission of information and warning about sexually transmitted diseases – unbalancedFindings(1) Standard G2 – action taken sufficient – no uphold (2) Standard G6 – no uphold (3) Standard G20 – no uphold This headnote does not form part of the decision. Summary An episode of Documentary New Zealand: "The Real New Zealand" about New Zealand homestays included a segment about a homestay designed for gay visitors. The programme was broadcast on TV One at 8. 30pm on 21 August 2000. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, about the footage, which he considered promoted homosexuality and contained scenes of nudity among homosexuals which would have been offensive to a majority of viewers....

Decisions
Smits and Television New Zealand Ltd - 1994-116
1994-116

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 116/94 Dated the 24th day of November 1994 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 I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Hurndell and TV3 Network Services Ltd - 1997-132
1997-132

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997- Dated the th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D L HURNDELL of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Rae and Television New Zealand Ltd - 1999-174
1999-174

Summary The short film Stella Street was broadcast on TV2 at 10. 25pm on 26 July 1999. Stella Street is a short comedy programme featuring two impersonators who lampoon the performance style of the well-known characters that they portray. Mr Rae complained to Television New Zealand Ltd, the broadcaster, that the programme contained highly offensive language and behaviour. TVNZ did not consider that it had breached any broadcasting standard. It noted the language was used in the context of a short film broadcast at 10. 25pm, carrying an AO certificate, and preceded by a warning. It did not consider the language would have exceeded the expectations of most viewers watching at that time of night. It also observed that the language was used for comedic effect. Dissatisfied with TVNZ’s decision, Mr Rae referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Shepherd and TV3 Network Services Ltd - 2000-119
2000-119

ComplaintMost Wanted – music video – Eminem – "The Real Slim Shady" – offensive behaviour – unsuitable for childrenFindings(1) Standard G2 – acceptable in context – no uphold (2) Standard G12 – PGR classification and screening in PGR time appropriate and sufficient – no uphold This headnote does not form part of the decision. Summary The music video for the song "The Real Slim Shady" by Eminem was broadcast on Most Wanted on TV4 at 7. 00pm on 26 May 2000. J M Shepherd complained to TV3 Network Services Ltd, the broadcaster, that the video contained "images of a bare male/female backside being lowered onto the face of an individual lying on the ground". The complainant considered that this material was unsuitable for children to watch. TV3 responded that the material to which the complainant had objected was intentionally satirical, rated PGR, and intended for a teenage audience....

Decisions
Riwai-Couch and Television New Zealand Ltd - 2010-053
2010-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Band of Brothers – sex scene broadcast at approximately 8. 40pm – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 9 (children’s interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults only watershed – upheld Standard 1 (good taste and decency) – programme’s content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of the mini-series Band of Brothers was broadcast on TV One at 8. 30pm on Monday 15 March 2010. The series was based on a best-selling book about a World War II United States Army airborne unit known as Easy Company....

Decisions
BP Oil New Zealand Limited and CanWest RadioWorks Ltd - 2005-131
2005-131

Complaint under section 8(1)(a) of the Broadcasting Act 1989Devlin Live – discussion of a press release from BP Oil explaining prices – allegedly unfair and in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – context – not upheldPrinciple 5 (fairness) – BP Communications Manager not personally attacked – not unfair – not unfair to criticise BP’s policy on fuel prices – not upheldThis headnote does not form part of the decision. Broadcast[1] On Wednesday 7 September 2005, at around 8. 45am, the host of the Radio Live breakfast show Devlin Live, Martin Devlin, made a number of critical comments about a press release from BP Oil concerning petrol prices. The host referred to the press release as “PR BS” (public relations bullshit), and offered his view that BP Oil were trying to “screw” and “root” consumers....

Decisions
Francis and Television New Zealand Ltd - 2004-068
2004-068

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....

Decisions
Williams and Television New Zealand Ltd - 2003-067
2003-067

ComplaintTeachers – promo – reference to periods, sanitary towels and tampons – offensive FindingsStandard 1 and Guideline 1a – context – time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] A promo for the series Teachers was broadcast during the screening on TV One of the Led Zeppelin concert The Song Remains the Same, which started at 10. 30pm on Saturday 5 April 2003. [2] G E Williams complained to Television New Zealand Ltd, the broadcaster, that the references to periods, sanitary towels and tampons in the promo, broadcast without warning, were offensive. [3] Initially TVNZ treated the complaint, in error, as an informal one. When it responded to the formal complaint, TVNZ contended that the references were not inherently offensive and, furthermore, had been broadcast more than two hours after the 8. 30pm watershed. It declined to uphold the complaint....

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