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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 140/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND ON AIR Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 51/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J P LOWE of Hawkes Bay Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on verdict in Ewen McDonald murder trial – reporter commented, “You could well be thinking, if he’s not guilty, why hasn’t he walked out these doors behind me and spoken to media?...

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for 3 News – showed a man head-butting another man – allegedly in breach of good taste and decency, law and order, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – footage was fleeting and inexplicit and no visible injury was shown – broadcast during Home and Away and five minutes before the news – formed part of a newsworthy story – contextual factors – not upheld Standard 10 (violence) – contextual factors – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – contextual factors – broadcaster adequately considered children’s interests – not upheld Standard 2 (law and order) – footage in the promo did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tiger’s Tail – movie contained scene which combined sex and violence – allegedly in breach of standards relating to good taste and decency, law and order and violence FindingsStandard 10 (violence) – guideline 10c – depiction of rape required pre-broadcast warning – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 2 (law and order) – movie did not glamorise rape, or otherwise promote or condone rape – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] A movie called The Tiger’s Tail was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 31 October 2010....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

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....

ComplaintM2 – "One Night in New York City" – music video – theme of drug rape – portrayal of criminal sexual activity – breach of good taste and decency Findings Standard 1 – context, including offensive language and behaviour – majority uphold Standard 2 – Guideline 2e – anti-social behaviour portrayed but not glamorised – no uphold No Order This headnote does not form part of the decision. Summary [1] A music video by the band The Horrorists, entitled "One Night in New York City", was broadcast on M2 on TV2 at approximately 4. 25am on 10 February 2002. The lyrics told the story of a 15-year-old girl who visited New York City, and went home with a man she met at a nightclub. The man gave her a pill, which she took, and then she asked him what it was....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Our Land – included footage of a disagreement between two men after one had hit the other’s child for being naughty – the men and their families shown discussing the incident – both men shown re-enacting how the child was hit – allegedly in breach of the law and order standard FindingsStandard 2 (law and order) – violent behaviour portrayed as unacceptable and anti-social – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Our Land was broadcast on TV One at 7. 30pm on Sunday 3 January 2010. The programme followed three families trying to live the lives of Māori and European settlers in the 1800s....

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – follow-up item on the use of sow crates in the pig farming industry – interviewed woman planning a whistle-blowing campaign offering rewards to farm workers for exposing cruel farming practices, and CEO of the New Zealand Pork Industry Board – allegedly in breach of law and order and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 6 (fairness) – no evidence that interview with New Zealand Pork Industry Board CEO was unfairly edited – as industry advocate he should expect robust questioning on these issues – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 76/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P R PARRY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-105 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M D STEMSON of Coromandel Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintOne News – Olympic competitors banned for drug use – athlete Marion Jones suspected – unfair – inaccurate FindingsStandard G1 – not applicable Standard G4 – report on speculation not unfair – no uphold Standard G5 – speculation not illegal – no uphold Standards G14, G19 and G21 – not applicable This headnote does not form part of the decision. Summary Under the heading "Drug Cheats", a promo for Holmes broadcast on TV One on 28 September 2000 questioned whether athlete Marion Jones and swimmer Inge de Bruijn had taken performance-enhancing drugs before the Olympic Games in Sydney. John O’Neill complained to Television New Zealand Ltd, the broadcaster, that the allegations required an explanation. He said he had not heard anything to link athlete Marion Jones to drugs, and he wondered where TVNZ had got its information, and whether the allegation was justified....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that a group of Australian teenage boys had filmed their attack of a teenage girl and were circulating the footage on DVD – showed some images of the boys’ attack – allegedly in breach of good taste and decency, the maintenance of law and order, unfair, and in breach of children’s interests and the violence standard FindingsStandard 1 (good taste and decency) – subsumed under Standard 10 Standard 2 (Law and order) – nothing inconsistent with the maintenance of law and order – not upheld Standard 6 (fairness) – not unfair to teenage girl or homeless man – not upheld Standard 9 (children's interests) – item should have been preceded by a warning due to violent content – broadcaster did not consider the interests of children – upheld Standard 10 (violence) – item should have been preceded by a warning due to…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 15/95 Dated the 16th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P H E BLOOMER of Napier Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...