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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....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rude Tube – series featured viral video clips from the internet – “Animal Madness” episode included a clip of a man taking “an unscheduled toilet break” in a paddock, and being chased by a donkey apparently attempting to mate with him – allegedly in breach of good taste and decency, law and order, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – most viewers would not have been offended – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 10 (violence) – footage did not amount to “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny and Jacqui – host told a personal anecdote about a prank she committed in her youth, namely setting off a fire alarm “resulting in all of Timaru’s fire engines turning up” – allegedly in breach of law and order standardFindingsStandard 2 (law and order) – anecdote was a light-hearted recollection of host’s actions in her youth, with educational message – host made comments condemning her own behaviour and noted the repercussions – story was intended to humour and entertain and did not invite imitation or otherwise encourage listeners to break the law or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 2....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...

Download a PDF of Decision No. 1992-100:Wardlaw and Television New Zealand - 1992-100 PDF477 KB...

Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...

Download a PDF of Decision No. 1992-040:Ross and Television New Zealand Ltd - 1992-040 PDF441. 51 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– item reported on the Warriors rugby league team’s anti-bullying campaign – included video footage of high school students fighting – allegedly in breach of good taste and decency, law and order and violenceFindings Standard 1 (good taste and decency) – introduction clearly signposted that item contained violent material – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – characters who were parodies of Michael Jackson and his son moved into the neighbourhood using the last name Jefferson – local police discovered Mr Jefferson was a "rich black man" and decided to frame him for various crimes – allegedly in breach of the law and order standard Findings Standard 2 (law and order) – satirical cartoon known for making fun of societies' institutions – material intended to be humorous – did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the cartoon South Park was broadcast on C4 at 9pm on 14 May 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Illegal New Zealand – episode looked at the illegal trading of guns in New Zealand – included footage of the presenter practising target shooting – presenter shown holding a shotgun in firing position – camera briefly tracked in front of the presenter as he held a shotgun in a firing position – allegedly in breach of the law and order standard FindingsStandard 2 (law and order) – programme 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 Illegal New Zealand was broadcast on TV2 at 8pm on Thursday 9 July 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989TV2 promo – on screen graphics for TV2 promo included a hazy substance wafting up the screen – allegedly represented smoke and thus breached the Smoke Free Environment Act prohibition on promoting smoking behaviourFindingsStandard 2 (law and order) – promo did not promote disrespect for the law – not upheldThis headnote does not form part of the decision. Broadcast[1] The imagery used in on-screen graphics to identify a television channel as TV2 included a hazy substance wafting up the screen. It was broadcast frequently at various times. Complaint[2] Brandon Orlandini complained to Television New Zealand Ltd, the broadcaster, that the haze shown in the TV2 promo represented smoke. That view, he said, was shared by others and many, like him, felt a "strong urge to smoke" on seeing the promo....

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – two related items, broadcast on different dates, contained footage of a reporter talking on his cell phone – viewers could hear what was being said by the person on the other end of the line – allegedly in breach of law and order, privacy and fairness Findings Standard 2 (law and order) – items did not promote, condone or glamorise criminal activity or encourage viewers to break the law – not upheld Standard 3 (privacy) – man knew he was speaking to a reporter – would have realised the conversations would be reported on in some manner – sufficient public interest – not upheld Standard 6 (fairness) – items treated the man fairly – not upheld This headnote does not form part of the decision....