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Jackson and Television New Zealand Ltd - 1997-031
1997-031

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-031 Dated the 10th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER JACKSON of Kaitaia Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Christensen and Television New Zealand Ltd - 2018-007 (8 May 2018)
2018-007

Summary[This summary does not form part of the decision. ]A 1 News segment on 14 November 2017 discussed the effect of an expanding Chinese economy on global carbon dioxide (CO2) levels. In a pre-recorded item from the BBC, with reference to the release of CO2, a BBC Correspondent said that ‘the gas traps heat in the atmosphere’. The Authority did not uphold a complaint that the item was inaccurate or unbalanced. The Authority found that the broadcaster was entitled to rely on internationally reputable sources to support the BBC Correspondent’s statement on the issues addressed in the segment. The Authority also found that the broadcaster’s reliance on this leading scientific theory to the exclusion of others in the broadcast was unlikely to leave viewers significantly misinformed....

Decisions
Golden and Television New Zealand Ltd - 2012-115
2012-115

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Decisions
Clarkson and TV3 Network Services Ltd - 1995-085
1995-085

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 85/95 Dated the 17th day of August 1995 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 J Potter Chairperson L M Loates R McLeod...

Decisions
Maude and Television New Zealand Ltd - 1995-157
1995-157

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...

Decisions
Young and TVWorks Ltd - 2009-068
2009-068

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....

Decisions
Popa and MediaWorks TV Ltd - 2014-095
2014-095

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

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
Valenta and Television New Zealand Ltd - 2002-154
2002-154

ComplaintM2 – "One Night in New York City" – music video – theme of drug rape – portrayal of criminal sexual activity – breach of good taste and decency Findings Standard 1 – context, including offensive language and behaviour – majority uphold Standard 2 – Guideline 2e – anti-social behaviour portrayed but not glamorised – no uphold No Order This headnote does not form part of the decision. Summary [1] A music video by the band The Horrorists, entitled "One Night in New York City", was broadcast on M2 on TV2 at approximately 4. 25am on 10 February 2002. The lyrics told the story of a 15-year-old girl who visited New York City, and went home with a man she met at a nightclub. The man gave her a pill, which she took, and then she asked him what it was....

Decisions
Orlandini and Television New Zealand Ltd - 2007-026
2007-026

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....

Decisions
Hooker and Television New Zealand Ltd - 2004-011
2004-011

ComplaintHolmes – apology from Mr Holmes for comments he made about UN Secretary-General Kofi Annan on Newstalk ZB – apology said to be unbalanced, inaccurate and breached requirements for law and order Findings Standard 2 – not applicable – decline to determine Standard 4 – personal statement – balance not an issue – decline to determine Standard 5 – no inaccuracy – decline to determineThis headnote does not form part of the decision Summary [1] Paul Holmes, the host of Holmes broadcast on TV One on weekdays at 7. 00pm, made a personal statement on Holmes on 29 September 2003 about some comments he had made on Newstalk ZB. Among some other comments made on Newstalk ZB, he had described the UN Secretary-General, Kofi Annan, as a “cheeky darkie”. His comments had received extensive media coverage....

Decisions
Phair and Radio One - 2011-140
2011-140

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…...

Decisions
Johnson and The Radio Network Ltd - 2012-066
2012-066

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....

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
Town and Television New Zealand Ltd - 1991-011
1991-011

Download a PDF of Decision No. 1991-011:Town and Television New Zealand Ltd - 1991-011 PDF499. 97 KB...

Decisions
Fletcher Homes Ltd and Residential Mortgages Ltd and Television New Zealand Ltd - 1998-124, 1998-125, 1998-126, 1998-127
1998-124–127

Summary Allegations by homeowners that Fletcher Homes Ltd engaged in irregular practices with respect to the valuation and financing of new homes were the subject of a ministerial investigation, according to reports broadcast on One Network News on TV One on 26 and 27 February 1998 between 6. 00-7. 00pm. Through their solicitors, Fletcher Homes Ltd (FHL) and Residential Mortgages Ltd (RML) complained to Television New Zealand Ltd, the broadcaster, that the reports were unfair, inaccurate, unbalanced and lacked objectivity. They also complained that TVNZ failed to respect the principles of law by broadcasting potentially prejudicial evidence prior to trial, thus raising the issue of contempt. In addition, they complained that the editing of the items distorted the facts. They asked for a full correction and apology to be published....

Decisions
Kuehn and Television New Zealand Ltd - 2008-060
2008-060

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item on duck hunting – hunter pointed a rifle at the camera – allegedly in breach of good taste and decency, law and order and violence Findings Standard 2 (law and order) – hunter’s action was intended to be humorous and light-hearted – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 2 Standard 10 (violence) – subsumed into consideration of Standard 2 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6....

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
Blissett and RadioWorks Ltd - 2012-006
2012-006

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Michael Laws Talkback – host spoke about shooting journalists – allegedly in breach of good taste and decency, law and order, and violence standards Findings Standard 1 (good taste and decency) – specific nature of the comments had clear potential to distress and offend, whether or not they were intended to be taken literally – upheld by majority Standard 2 (law and order) – host was not seriously encouraging listeners to shoot journalists – not upheld No Order This headnote does not form part of the decision. Background [1] Talkback radio is an important part of broadcasting in New Zealand and has been for a long time. Research which we have conducted has shown that about one-third of the adult population in New Zealand listens to talkback radio from time to time. 1 They do so for different reasons....

Decisions
McDonald and Television New Zealand Ltd - 2004-211
2004-211

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes promo broadcast during One News – interview with crime novelist – said “I’m going to tell you about how to commit the perfect murder” – allegedly in breach of law and orderFindingsStandard 2 (law and order) – promo consistent with law and order – no glamorisation of crime – crime novelist promoting her work – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the Holmes show aired on TV One at 6. 20pm on 27 October 2004. The presenter announced that he would be interviewing Tara Moss, a former model and “Australia’s number one crime writer”. The author was then shown to say: Join me tonight…on the Holmes show, and I’m going to tell you about how to commit the perfect murder....

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