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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE IRVINE of Auckland Broadcaster 95 bFM Auckland University J M Potter Chairperson L M Loates W J Fraser R McLeod...

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....

Summary [This summary does not form part of the decision. ]An item on Campbell Live included brief footage of a person starting a lawn mower without the rear grass flap on. The Authority declined to determine the complaint that this breached standards of law and order, on the basis it was frivolous and trivial. The footage was extremely brief and part of a light-hearted story in an unclassified current affairs programme targeted at adults, so it could not be said to have encouraged or condoned criminal activity. Declined to Determine: Law and OrderIntroduction[1] The final episode of Campbell Live for 2013 contained a round-up of stories from the year, including very brief footage of a person starting a lawn mower without the rear grass flap on. The programme was broadcast on 20 December 2013 on TV3....

The Authority has not upheld a complaint that a Morning Report item stating ‘Protesters occupying Parliament grounds have been calling for reinforcements…’ breached the law and order standard. The Authority found in the context the item did not actively encourage or promote illegal behaviour. In any event, the public interest in the item meant the right to freedom of expression outweighed any potential harm. Not Upheld: Law and Order...

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-109 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DEPARTMENT OF INTERNAL AFFAIRS TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint91ZM – Countdown – Drive Show – comments about bus rage on buses operated by Stagecoach in Auckland – presenter (Stables) advised passengers not to take out frustrations on bus drivers but to damage buses – some broadcasts from buses – passengers encouraged to dance (rage) – failure to maintain standards consistent with law and order – unsuitable for children – complaint under Principle 2 and Principle 7 and Guideline 7b upheld by broadcaster – agreed to broadcast apology and pay half complainant's costs – unable to agree on wording of apology FindingsAction taken insufficient OrderBroadcast of statement including the words "reckless, irresponsible and inappropriate" This headnote does not form part of the decision....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

In an episode of Mai Home Run, one of the radio presenters related a story about accidentally taking and not returning a bag containing items, including a gaming console, belonging to Lil’ Romeo. The presenter also disclosed the name of one of the people involved in the story. The Authority upheld the complaint that the item breached the privacy standard, finding that the named individual was identifiable and would have had a reasonable expectation of privacy in relation to the information disclosed. The Authority also found the disclosure to be highly offensive to a reasonable person, as it had the potential to significantly damage the named person’s reputation. The Authority did not uphold the complaint under the law and order standard, finding that in context the broadcast did not encourage or actively promote serious anti-social or illegal behaviour....

The Authority did not uphold a complaint about a Newshub item interviewing two ‘dare-devils’ who engage in ‘roof-topping’, an activity which the New Zealand Police issued a ‘stern’ warning about. The Authority found the item did not actively promote or glamorise illegal behaviour as it was made clear the activity was illegal and ill-advised. The remaining standards either did not apply or were not breached in the context. Not Upheld: Law and Order, Children’s Interests, Good Taste and Decency, Alcohol, Balance...

The Authority received a complaint about a promo for a scheduled programme Seven Sharp which was viewed on TVNZ’s Facebook page. The Authority declined to determine the complaint under s11(b) of the Broadcasting Act 1989. The Authority acknowledged that it raised complex issues of jurisdiction arising from the online environment, which had not yet been determined by the Authority. Taking into account its assessment of the substance of the complaint, which it considered was unlikely to result in a finding of a breach of standards, the Authority declined to determine the complaint. Declined to determine: Violence, Law and Order, Discrimination and Denigration...

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(1B)(b)(i) of the Broadcasting Act 1989The Lord of the Rings: The Fellowship of the Ring – characters referred to smoking “weed” and “leaf” – allegedly in breach of broadcasting standardsFindingsStandard 2 (law and order) – references to “weed” and “leaf” did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During The Lord of the Rings: The Fellowship of the Ring, characters made two brief references to “weed” and “leaf”. Bilbo Baggins the hobbit, and Gandalf the wizard, were shown smoking pipes as Bilbo commented, “Old Toby, the finest weed in the South Farthing. ” Later, Gandalf said to Saruman the wizard, “All these long years [the ring] was in the Shire, under my very nose”....

Download a PDF of Decision No. 1992-077:Garbutt and Radio New Zealand Ltd - 1992-077 PDF336. 54 KB...

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....

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – broadcasts unsuitable for children Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) 22 November broadcast – 6. 31am – Principle 1 – uphold (3) 22 November broadcast – 6. 39am – no uphold (4) 23 November broadcast – 6. 39am – Principle 1 – uphold (5) 26 November broadcast – 7. 40am – Principle 1 – uphold – Principle 7 and Guideline 7b – uphold (6) 27 November broadcast – 6. 35am – action taken insufficient – uphold (7) 30 November broadcast – 6. 36am – action taken insufficient – uphold (8) 6 December broadcast – 6. 19am – no uphold OrderTotal costs to the Crown in the sum of $3,000Cross-references: 2001-071–084; 2001-138–204 This headnote does not form part of the decision....

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....

The Authority has declined to determine a complaint regarding a broadcast including an interview with a lawyer who was represented as a ‘political commentator’. The complainant made several unsubstantiated allegations to the effect the lawyer was corrupt, and the broadcaster should have disclosed their alleged corruption. The Authority considered the complaint should not be determined in the circumstances as it amounted to the complainant’s personal preference on who should be interviewed, and how they should be portrayed, which are matters of editorial discretion not capable of being resolved by the broadcasting standards complaints process. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Law and Order, Balance...

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...