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The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. 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): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...
This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....
ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – use of the phrases “Prime Minister of England” and “future King of England” – allegedly inaccurateTe Karere – use of the phrase “Te Kuini o Ingarangi” instead of “Te Kuini o Aotearoa” allegedly inaccurate and in breach of law and orderOne News – use of the phrase “Queen of England” allegedly inaccurate and in breach of law and orderFindings Standard 2 – nothing in the items inconsistent with the maintenance of law and order – not upheldStandard 5 – phrase in common usage – viewers would have known who was being referred to – not upheldThis headnote does not form part of the decision. Broadcasts [1] On 8 April 2005 at 6pm, Close Up broadcast an item covering the wedding of Prince Charles and Camilla Parker-Bowles, and the funeral of Pope John Paul II....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-103 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IVAN A HANSEN of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...
ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...
ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....
The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...
ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....
Download a PDF of Decision No. 1991-009:Hine and Television New Zealand Ltd - 1991-009 PDF453. 48 KB...
Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 157/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C A MAUDE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...
Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Generic promo for One News – showed Ahmed Zaoui outside Mt Eden Prison – complainant alleged that promo glamorised anti-social behaviour – allegedly inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – no portrayal of anti-social behaviour – broadcast did not show criminal activity or encourage viewers to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast a generic promo for One News during several weeks of 2006. The promo included various well-known newsmakers using the phrase “It’s about me” including Ahmed Zaoui, an Algerian who had arrived in New Zealand in 2003 and sought refugee status....
Download a PDF of Decision No. 1993-100:Minister of Women's Affairs (Hon Jenny Shipley) and Television New Zealand Ltd - 1993-100 PDF635. 3 KB...
Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....
The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...
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 G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....