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Decisions
Centre for Psycho-Sociological Development and Television New Zealand Ltd - 1997-057
1997-057

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-057 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CENTRE FOR PSYCHO- SOCIOLOGICAL DEVELOPMENT of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Stamilla and TVWorks Ltd - 2011-130
2011-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Decisions
Chaney and TVWorks Ltd - 2013-019
2013-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video for Lana Del Ray song “Born to Die” contained the lyrics “Let’s go get high” and showed artist smoking – allegedly in breach of law and order standardFindingsStandard 2 (law and order) – lyrics and footage did not glamorise drug use and did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheldThis headnote does not form part of the decision. Introduction [1] A music video for the song “Born to Die” by artist Lana Del Rey contained the lyrics “Let’s go get high” and showed the artist smoking what was alleged by the complainant to be a marijuana cigarette. The music video was broadcast during the programme Blender on C4 at 10. 36am on Friday 8 March....

Decisions
Statistics New Zealand and Radio Pacific Ltd - 1997-052
1997-052

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-052 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by STATISTICS NEW ZEALAND Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Scott and NZME Radio Ltd - 2021-102 (27 October 2021)
2021-102

The Authority has not upheld a complaint alleging an interview with Judith Collins breached the law and order standard. The interviewer asked Ms Collins to clarify what she meant when she said, regarding Police Minister Poto Williams, ‘I think a lot of people want to bottle her’. Ms Collins explained she meant Minister Williams should be kept in a bottle ‘like a genie in a bottle’. The line of questioning was reasonable in the context, and the item did not actively promote serious anti-social or illegal behaviour. Not Upheld: Law and Order...

Decisions
Feral and Choice TV Ltd - 2014-121
2014-121

Summary [This summary does not form part of the decision. ]The Authority declined to uphold a complaint that a number of cooking and fishing programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. Killing and preparing animals to eat is a fact of life, and the complaint was based primarily on personal preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about a number of cooking and fishing shows aired on Choice TV. Ms Feral argued that these programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. As examples, Ms Feral referred to footage of live oysters being eaten and catch-and-release fishing, both of which she alleged to be barbaric and cruel....

Decisions
O'Neill and TVWorks Ltd - 2012-077
2012-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

Decisions
McDonald and Discovery NZ Ltd - 2021-119 (17 November 2021)
2021-119

The Authority did not uphold a complaint about a Newshub Live at 6pm item on the Paralympics depicting a hug between sisters Lisa Adams and Dame Valerie Adams. The complaint was that the broadcast breached the good taste and decency, children’s interests, and law and order standards as the Paralympics occurred amid the COVID-19 pandemic, whilst various physical distancing restrictions were in force. The Authority found the item did not breach the standards specified as it did not encourage non-compliance with COVID-19 restrictions, nor was it likely to cause widespread undue offence, or harm to children watching. Not Upheld: Good Taste and Decency, Children’s Interests, Law and Order...

Decisions
Watkins and The RadioWorks Ltd - 2001-138–204
2001-138–204

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Decisions
New Zealand Wheel Clamping Ltd, MacAlpine and Valentic and TVWorks Ltd - 2011-081
2011-081

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

Decisions
Ministry of Social Development Te Manatu Whakahiato Ora and Television New Zealand Ltd - 2004-067
2004-067

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item about Work and Income computer error leading to disclosure of information about some Work and Income clients, and ramifications for beneficiaries – allegedly sensationalist, unbalanced, inaccurate and unfairFindings Standard 2 (law and order) – subsumed under Standard 6 Standard 4 (balance) – Ministry’s position not adequately presented – upheld Standard 5 (accuracy) – item contained many inaccuracies – upheld Standard 6 (fairness) – item unfair to Ministry and its chief executive – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast {1} An item on One News, broadcast on TV One on 27 November 2003, reported on a computer error made by Work and Income, a division of the Ministry of Social Development, which had caused some information about some Work and Income clients to be sent to other clients....

Decisions
Kean and Radio New Zealand Ltd - 2020-097 (9 December 2020)
2020-097

The Authority did not uphold a complaint regarding a comment made by radio panellist Catherine Robertson about ‘murderous fantasies’, concerning punishment of an individual who escaped COVID-19 managed isolation. It was a satirical comment intended to be humorous and in line with audience expectations for the programme. The Authority noted satire and humour are important aspects of freedom of expression. It found limiting the broadcaster’s right to freedom of expression on this occasion was not justified. Not Upheld: Violence, Law and Order, Balance...

Decisions
Zohs and and CanWest TVWorks Ltd - 2004-112
2004-112

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Decisions
Kumar and The Radio Network Ltd - 2014-057
2014-057

Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....

Decisions
Panasiuk and Television New Zealand Ltd - 2005-060
2005-060

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – presenter removed a cat from a microwave oven and said “probably need a couple more minutes, don’t you? ” – placed the cat back in the microwave – allegedly in breach of good taste and decency and inconsistent with the maintenance of law and orderFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – not inconsistent with the maintenance of law and order – not upheldThis headnote does not form part of the decision. Broadcast [1] At the conclusion of an episode of Eating Media Lunch at around 10. 30pm on TV2 on 19 April 2005, the presenter was seen to remove a cat from a microwave oven. He held the cat up to his face and said “probably need a couple more minutes, don’t you?...

Decisions
Hawthorne and RadioWorks Ltd - 2013-087
2013-087

Summary [This summary does not form part of the decision. ]The George Selectah Show included audio from a YouTube parody of an advertisement for ‘Chaffers New Zealand Style Deck Sealant’, making fun of the way New Zealanders pronounce the word ‘deck’ to sound like ‘dick’. The Authority did not uphold the complaint that comments such as ‘every kid in the neighbourhood has been on my dick’ were in bad taste and joked about paedophilia. This was clearly intended to be humorous and did not promote or endorse paedophilia. Most regular listeners of George FM would not have been offended, taking into account the station’s target audience, and that the content was broadcast during school time when children were unlikely to be listening....

Decisions
Barker and Television New Zealand Ltd - 1997-187
1997-187

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-187 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GLENYSS A BARKER of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Tan and Television New Zealand Ltd - 2013-027
2013-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Decisions
Bracey and Television New Zealand Ltd - 1993-169
1993-169

Download a PDF of Decision No. 1993-169:Bracey and Television New Zealand Ltd - 1993-169 PDF406. 94 KB...

Decisions
Talaepa and The Radio Network Ltd - 2007-048
2007-048

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

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