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Society for the Protection of the Unborn Child and Gliddon and Television New Zealand Ltd - 1995-032, 1995-033
1995-032–033

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 32/95 Decision No: 33/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SOCIETY FOR THE PROTECTION OF THE UNBORN CHILD and MERLENE AND JOHN GLIDDON of Waiomu Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Inland Revenue Department and Television New Zealand Ltd - 1999-164–167
1999-164–167

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....

Decisions
Department of Internal Affairs and Television New Zealand Ltd - 1998-109
1998-109

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...

Decisions
Bird and Television New Zealand Ltd - 2012-111
2012-111

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Decisions
Morgan and Television New Zealand Ltd - 2001-057
2001-057

ComplaintOne News: Waitangi Day Special – New Zealand flag used to cover tables where participants sat – disrespectful – intention to dishonour flag FindingsStandard G2 – acceptable visual centrepiece – no uphold Standard G5 – no disrespect for the principles of law – no uphold This headnote does not form part of the decision. Summary Maori-Pakeha relationships, the Treaty of Waitangi, and issues of nationhood were debated during a One News: Waitangi Day Special broadcast on TV One at 9. 45pm on 6 February 2001. The participants sat at tables which were covered with the New Zealand flag. Thomas Morgan complained to Television New Zealand Ltd, the broadcaster, that the use of the New Zealand flag as a table cloth was offensive and dishonourable. Arguing that the use of the flag was symbolic and that there was no intention to dishonour it, TVNZ declined to uphold the complaint....

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
Cameron and Television New Zealand Ltd - 2017-011 (15 May 2017)
2017-011

Summary[This summary does not form part of the decision. ]Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8....

Decisions
Clapham and Mediaworks TV Ltd - 2018-089 (18 December 2018)
2018-089

Summary[This summary does not form part of the decision. ]During a segment of The Project, the presenters discussed whether it was illegal to wear headphones while driving. One of the presenters, a well-known New Zealand comedian, said that he wore headphones while driving ‘because it drowns out the sound of the seatbelt warning’. The Authority did not uphold a complaint that the presenter’s comment trivialised an important road safety issue. The segment as a whole carried a positive road safety message, with the presenters sharing their surprise that wearing headphones while driving was not illegal in New Zealand (though distracted drivers could still be charged with careless driving). The comment was clearly intended to be humorous and the reactions of the other presenters balanced the comment and signalled to viewers that wearing your seatbelt was important....

Decisions
Jonson and CanWest RadioWorks Ltd - 2005-099
2005-099

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Decisions
Clarkson and TV3 Network Services Ltd - 1994-132
1994-132

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 132/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
D and Television New Zealand Ltd - 1997-058
1997-058

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...

Decisions
Bracey and Television New Zealand Ltd - 1999-216
1999-216

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....

Decisions
Smith and Television New Zealand Ltd - 2000-127
2000-127

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

Decisions
Child and Television New Zealand Ltd - 2007-064
2007-064

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…...

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
Kake and Television New Zealand Ltd - 2010-022
2010-022

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....

Decisions
Lowes and Television New Zealand Ltd - 2005-025
2005-025

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News, Marae and Te Karere – One News newsreader referred to Prince William as the popular choice for the next “King of England” – Marae discussion on constitutional change – presenter and guests referred to “Queen of England” – Te Karere item referred to Princes Charles as the “monarch of England” – all items allegedly inaccurate, and in breach of law and order standardFindingsStandard 2 – no basis for complaint – not upheld Standard 5 – not inaccurate – use of phrase “Queen/King of England” acceptable description – not upheldThis headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd broadcast items on Marae on 14 November 2004, One News on 11 February 2005 and Te Karere on 8 March 2005, all of which referred in some way to the British Royal Family....

Decisions
Gibbs and Television New Zealand Ltd - 2009-147
2009-147

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Media 7 – discussed the Authority’s decision relating to TV3 investigation Let Us Spray and whether the programme should still have been awarded “investigation of the year” at the Qantas Media Awards – allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration Findings Standard 4 (controversial issues – viewpoints) – programme discussed the Authority’s decision – not a controversial issue of public importance to which the standard applied – appropriate viewpoints were sought and presented – not upheld Standard 5 (accuracy) – most of the comments complained about were clearly opinion – other inaccuracies alleged were not material points of fact to which Standard 5 applied – not upheld Standard 2 (law and order) – broadcast did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – community of Paritutu not a person or organisation…...

Decisions
Atkinson and Television New Zealand Ltd - 1998-130
1998-130

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

Decisions
Hunt and Māori Television - 2009-010
2009-010

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....

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