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Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – stated that animal welfare group had gone “undercover” on a farm to investigate mistreated pigs and that it had gained access through an unlocked door – showed footage obtained by the group of sick and injured animals – allegedly in breach of law and order standard FindingsStandard 2 (law and order) – programme did not show the group breaking into the farm – broadcaster did not encourage viewers to break the law by screening the footage – public interest in showing mistreatment of animals – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Friday 23 July, reported on new footage of pigs at a Levin farm that had been the subject of a previous TVNZ broadcast on animal welfare....

The Authority did not uphold a complaint about questions asked of a New Zealander stranded in India following the Government’s suspension of travel. The complaint alleged the questions breached the law and order standard as they suggested numerous ways the interviewee could avoid the travel ban and illegally return home. The Authority found the questions did not actively encourage illegal activity nor actively undermine law and order, and there was a high public interest in the broadcast.   Not Upheld: Law and Order...

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

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....

Complaint20/20 – “In Harm’s Way” – item about actions of Child, Youth and Family Services Department – breach of law and order – breach of social workers’ privacy – breach of children’s privacy – unbalanced – inaccurate – unfairFindings Standard 2 – item did not affect “orderly and just disposition” of court cases – hand-over coverage did not glamorise or condone criminal activity – no uphold Standard 3 and Guideline 3a – social workers – Privacy Principle (i) disclosure not offensive – no uphold; Child A & B – Privacy Principle (vii) – best interests of children considered by broadcaster – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – no mandatory reporting in New Zealand – uphold on this aspect – no other inaccuracies Standard 6 – subsumed under Standard 4No OrderThis headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-058 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT D of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nightline – report on public’s reaction to a Campbell Live item involving a "self-confessed cat hater" and his method of killing cats – item included a demonstration by Mr Spring showing how he would lower a cage containing a cat into a barrel of water – allegedly in breach of law and order standards The Authority’s DecisionStandard 2 (law and order) – item made it clear to viewers that Mr Spring’s actions were illegal – viewers were not encouraged to break the law – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast at 10. 30pm on 29 August 2007, reported on a story broadcast on TV3’s Campbell Live the previous night featuring Ray Spring, a "self-confessed cat hater" from Christchurch....

Complaint under section 8(1)(b) of the Broadcasting Act 1989 The Rock – stunt in which announcers let off fireworks to test “Jimmy’s ability to dodge fireworks” – allegedly in breach of law and order and social responsibility standardsFindings Principle 2 (law and order) – subsumed under Principle 7Principle 7 (social responsibility) – stunt was socially irresponsible – did not consider effects on child listeners – hosts’ manner trivialised the potential danger of aiming fireworks at another person – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast[1] In a segment called “Do Stuff to Jimmy” on The Rock, broadcast at approximately 8. 15am on 20 October 2006, the announcers commented on the recent call to ban fireworks for public sale....

ComplaintHolmes – Waitara shooting – interview with eye-witnesses – failure to observe standards consistent with maintenance of law and orderFindings(1) Standard G5 – no prejudice to any proceedings or disrespect for principles of law – no uphold (2) Standard G6 – balance provided during period of current interest – no uphold This headnote does not form part of the decision. Summary A Waitara couple who had witnessed some of the events which resulted in the shooting by police of Stephen Wallace was interviewed on Holmes broadcast on TV One on 2 May 2000 beginning at 7. 00pm. I B Owen complained to Television New Zealand Ltd, the broadcaster, that the interview was tantamount to "trial by television" and breached the requirement for broadcasters to observe standards consistent with the maintenance of law and order....

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....

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…...

Summary [This summary does not form part of the decision. ] An item on Newshub reported on ‘cash for job’ work scams in New Zealand. The reporter described the experiences of one worker, who alleged he had been exploited by his employer and told to pay $30,000 for his job as a technician at an internet café. GL, who was named and whose photo was shown during the item, was said to have ‘demanded’ $15,000 from the worker as part of the scam. GL complained that the item was inaccurate and unfair, because he did not demand or receive any payment from the worker and he was not given a fair opportunity to respond to the allegations made against him....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198920/20 – item discussed Marc Ellis’s promotional stunt for his new business which involved discharging explosives on Rangitoto Island – allegedly in breach of law and order and fairness standards Findings Standard 2 (law and order) – not clear from the item that the stunt amounted to criminal activity – item did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant did not identify which individuals or organisations were treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 20/20, entitled “Guerrilla Marc[eting]”, broadcast on TV2 at 9. 30pm on Thursday 15 November 2007, discussed the first major guerrilla marketing stunt that had taken place in New Zealand....

Summary[This summary does not form part of the decision. ]During Hauraki Breakfast, hosts Jeremy Wells and Matt Heath discussed smoking marijuana, in relation to several National Party MPs who had recently publicly stated they had never tried it. The hosts took calls from listeners who had also never tried marijuana and asked them why they had never tried it. The Authority did not uphold a complaint that the broadcast promoted and encouraged the use of marijuana. The Authority found the broadcast amounted to a comedic discussion of smoking marijuana that did not go beyond established audience expectations of Radio Hauraki, Hauraki Breakfast or the hosts. The Authority noted that humour and satire are important aspects of free speech, and found that on this occasion, there was insufficient risk of harm to justify limiting the broadcaster’s right to freedom of expression....

The Authority has not upheld a complaint about an item which reported on the road toll over Labour Weekend and showed images of an accident where a woman was hit by a truck. The Authority found the privacy, fairness, accuracy and law and order standards were not breached. The complainant alleged the driver of the truck was identified and the broadcast gave the impression they were at fault for the accident. The Authority found the item did not identify the driver of the truck nor reveal private information about them. The item did not refer to the driver, nor give the impression the truck driver was not driving safely. The item reported on what police had said were potential causes of crashes, but it was clear this was not referring to the specific incidents which had taken place over the weekend. Not Upheld: Privacy, Fairness, Accuracy, Law and Order...

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 1989Without a Trace – promo showed a woman interrogating a beaten man, who was sitting on a chair, his hands tied and bleeding – woman aimed a nail gun at the man’s groin and stated “…I will nail more than your hand to the chair” – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – promo did not condone, promote or glamorise criminal activity – not upheld Standard 7 (programme classification) – promo correctly classified as PGR – not upheld Standard 9 (children’s interests) – majority agreed that the broadcaster adequately considered the interests of child viewers – not upheld Standard 10 (violence) – promo was brief – did not contain explicit violence – majority considered broadcaster exercised…...

Summary Mr Mark Middleton, stepfather of a murdered 13 year-old girl, publicly threatened to kill the murderer should he be granted release from prison on parole. Because of this threat, the Children, Young Persons and Their Families Agency (CYPFA) removed a foster child whom he had been looking after for three years. In an item on Holmes broadcast on TV One at 7. 00pm on 27 August 1999, Mr Middleton was interviewed about CYPFA’s actions. CYPFA's position was advanced in the interview by Hon Roger McClay, Commissioner for Children. Mr Bracey complained to Television New Zealand Ltd, the broadcaster, that the item breached broadcasting standards as it failed to respect the principles of law, and was unbalanced....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Hikoi Mahanga – included footage of a car performing burnouts on a public road – presenters shown laughing and cheering – allegedly in breach of law and order Findings Standard 2 (law and order) – item promoted, glamorised and condoned illegal behaviour – upheld No Order This headnote does not form part of the decision. Broadcast [1] A programme called Te Hikoi Mahanga was broadcast on Māori TV at 8. 30pm on Thursday 8 January 2009. During the broadcast, the presenters were shown surfing at various New Zealand beaches, and talking to some of the local people. [2] At one point, the programme’s presenters were shown talking to a group of young men who had also been surfing. The young men then got into their car and began performing “burnouts” on the road....