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Smith and Television New Zealand Ltd - 1997-134
1997-134

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hastings District Council and TVWorks Ltd - 2009-088
2009-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item on girl gangs in Hawke’s Bay – interviewed current and former gang members – contained footage of four young teenage girls who were shown wearing gang-style clothing and spray-painting graffiti on a public basketball court – included a re-enactment involving two young girls breaking into a house – gang members shown drinking alcohol and talking about fighting – allegedly in breach of law and order, privacy, balance, accuracy, fairness and children’s interests standards Findings Standard 3 (privacy) – four young girls identifiable – disclosed private facts – children under 16 could not consent – item not in the best interests of the children – girl aged 16 agreed to participate on condition her identity would be secret – identities not sufficiently protected – disclosed private facts about the girls – highly offensive disclosure – upheld Standard…...

Decisions
Watkins and The RadioWorks Ltd - 2002-121–127
2002-121–€“127

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....

Decisions
Robinson and Television New Zealand Ltd - 2005-082
2005-082

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

Decisions
Rose and TVWorks Ltd - 2007-104
2007-104

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....

Decisions
Parry and Television New Zealand Ltd - 1995-076
1995-076

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...

Decisions
Fakaosi and Television New Zealand Ltd - 1996-175, 1996-176
1996-175–176

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Preston and TVWorks Ltd - 2008-016
2008-016

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – story explored the craze surrounding imitations of Jackass movies involving dangerous stunts and an internet site that was profiting from it – footage of stunts shown – allegedly in breach of good taste and decency and law and order standards Findings Standard 1 (good taste and decency) – shocking footage was appropriate given the focus of the programme – warning was adequate – not upheld Standard 2 (law and order) – item was a cautionary tale – did not encourage or promote, condone or glamorise criminal activity – not upheld No OrderThis headnote does not form part of the decision....

Decisions
Pavan Family and Television New Zealand Ltd - 1994-124
1994-124

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 124/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE PAVAN FAMILY of Johnsonville Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Shierlaw and TV3 Network Services Ltd - 1999-102
1999-102

Summary An advertisement for a light truck contained language which had been the subject of complaints to the Advertising Standards Complaints Board (ASCB). The Board’s decision on those complaints was reported in a news item on TV3’s 3 News on 23 March between 6. 00–7. 00pm. Extracts from the advertisement, including the offending language, was included in the item. Mr Shierlaw complained to TV3 Network Services Ltd that by screening the advertisement before 8. 30pm, as required by the ASCB, TV3 had failed to comply with standard G5 of the Television Code of Broadcasting Practice, which requires broadcasters to observe the principles of the law. As TV3 did not respond within the statutory 20 working day period, Mr Shierlaw referred his complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

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
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Ede and The Radio Network Ltd - 2009-005
2009-005

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Morning Pirates – hosts discussed the act of people photocopying their naked bottoms on the office photocopier – one of the hosts photocopied his bottom on the radio station's photocopying machine and encouraged listeners to do the same – host invited listeners to exchange photocopies with him via facsimile – allegedly in breach of good taste and decency, law and order and responsible programming Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – hosts' actions were inoffensive and harmless – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Pirates breakfast show, broadcast on Radio Hauraki at 7....

Decisions
Bulathsinghala and 4 Others and Television New Zealand Ltd - 2004-129
2004-129

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Decisions
Baldwin and Television New Zealand Ltd - 2006-125
2006-125

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…...

Decisions
Anderson and Radio Pacific Ltd - 1997-059
1997-059

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-059 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by T K ANDERSON of Auckland Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
McArthur and CanWest TVWorks Ltd - 2007-069
2007-069

Complaint under section 8(1)(b) of the Broadcasting Act 1989South Park – picture of a statue of Jesus Christ – voice said “Look at me, I’m Jesus. Would you like me to crap on you Mr Bush?...

Decisions
Guy and The Radio Network Ltd - 2010-089
2010-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix – host made comments about smacking a child – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 2 (law and order) – item did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – newsreader made it clear that smacking children was illegal – broadcaster was sufficiently mindful of the effect the programme’s content would have on children listening – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 7. 30am on Wednesday 16 June 2010 on the radio station Easy Mix, the presenter and newsreader had a brief discussion....

Decisions
Singh and Television New Zealand Ltd - ID2019-050 (30 September 2019)
ID2019-050

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...

Decisions
Monckton and Television New Zealand Ltd - 2007-053
2007-053

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – repetition of footage showing an unprovoked attack on Korean youths by two “skinheads” – allegedly in breach of good taste and decency, law and order and violence standards. Findings Standard 1 (good taste and decency) – repetition of sequence helped emphasise vicious nature of attack – contextual factors – not upheld Standard 2 (law and order) – item did not glamorise behaviour or encourage imitation – not upheld Standard 10 (violence) – repetition of sequence not gratuitous – verbal warning sufficient – justified in the context – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 1 May 2007, reported the sentencing of two “skinheads” involved in a racist attack on a group of Korean youths in Nelson....

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