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Decisions
Soper and MediaWorks TV Ltd - 2014-071
2014-071

Summary [This summary does not form part of the decision. ] A 3 News item reported on a charge of offensive language laid against a police woman, following an incident between her and a taxi driver. The item showed excerpts of the taxi’s security footage and contained interviews with the taxi company’s managing director and office manager who were critical of the police and considered assault charges should have been laid. The Authority did not uphold the complaint that the item prejudiced the police woman’s right to a fair hearing and that it was inaccurate and unfair. There was high public interest in the item, the item was largely presented from the perspective of the interviewees and the taxi company, and it did not encourage viewers to break the law or otherwise promote criminal activity....

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
Binnie and TV3 Network Services Ltd - 2003-092
2003-092

Complaint3 News – item on initiation ceremony at girl’s school – violence – offensive – not in public interest – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 2 and Guideline 2d – lawful standard maintained – no uphold Standard 9 and Guideline 9a – interests of children considered – no uphold Standard 10 and Guideline10a – violence justified in context of item – no uphold This headnote does not form part of the decision. Summary [1] An item on 3 News broadcast by TV3 between 6. 00–7. 00pm on 8 May 2003, depicted a violent initiation ceremony, referred to as "hazing", at a girls’ school in the United States....

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
Vandenberg and CanWest RadioWorks Ltd - 2007-004
2007-004

Complaint under section 8(1)(b) of the Broadcasting Act 1989 The Rock – stunt in which announcers let off fireworks to test “Jimmy’s ability to dodge fireworks” – allegedly in breach of law and order and social responsibility standardsFindings Principle 2 (law and order) – subsumed under Principle 7Principle 7 (social responsibility) – stunt was socially irresponsible – did not consider effects on child listeners – hosts’ manner trivialised the potential danger of aiming fireworks at another person – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast[1] In a segment called “Do Stuff to Jimmy” on The Rock, broadcast at approximately 8. 15am on 20 October 2006, the announcers commented on the recent call to ban fireworks for public sale....

Decisions
Kelleher and MediaWorks Radio Ltd - 2018-056 (19 September 2018)
2018-056

Summary[This summary does not form part of the decision. ]A complaint regarding a comment made by radio host Wendyl Nissen about US President Donald Trump has not been upheld. During the segment, which reviewed the book, ‘The President is Missing’, Ms Nissen commented, ‘Wouldn’t that be great if [US President Donald] Trump just went missing? Like we just never heard from him again because someone killed him and put him at the bottom of the ocean…? ’ The Authority found the comment did not breach broadcasting standards. This was a flippant comment that was intended to be humorous and was in line with audience expectations for the programme, particularly considering the robust talkback radio environment. The Authority emphasised that humour is an important aspect of freedom of expression and found that limiting the broadcaster’s right to freedom of expression on this occasion would be unjustified....

Decisions
Golden and Radio New Zealand Ltd - 2010-048
2010-048

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – interview with Sir Eion Edgar – allegedly in breach of law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandards 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness) and 8 (responsible programming) – complainant’s concerns did not raise any issues of broadcasting standards – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During Nine to Noon, broadcast on Radio New Zealand National on Monday 22 February 2010, the host interviewed Sir Eion Edgar as he had recently been named Senior New Zealander of the Year....

Decisions
McDonald and Television New Zealand Ltd - 2009-027
2009-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about a 10-year-old child who had taken his mother’s car for a joyride – child interviewed while sitting in the driver’s seat – showed child sitting in the driver’s seat of the car alone and rolling down the driveway at his house – allegedly in breach of law and order and children’s interests Findings Standards 2 (law and order) and 9 (children’s interests) – item did not encourage adult target audience to break the law or otherwise promote, condone or glamorise illegal behaviour – clearly illustrated the boy’s actions were dangerous and illegal – not upheld This headnote does not form part of the decision....

Decisions
Cowsill and New Zealand Media and Entertainment - 2016-031 (27 June 2016)
2016-031

Summary[This summary does not form part of the decision. ]During Leighton Smith the host discussed Wicked Campers with a caller and commented, ‘Now I’m interested to know what your reaction is to my suggestion that if you see one of these, you know, if you’re offended by one of these vans, run a screwdriver down through the so-called artwork’. The Authority did not uphold a complaint that the comments were irresponsible and encouraged listeners to break the law. It did not consider Mr Smith was seriously advocating damaging the campervans or that listeners would have been incited to commit unlawful acts, taking into account the target audience and the nature of the programme....

Decisions
Golden and Radio New Zealand Ltd - 2015-017
2015-017

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Decisions
Harrop and CanWest TVWorks Ltd - 2007-063
2007-063

CanWest TVWorks Ltd became TVWorks Ltd on 15 June 2007. Because the programme complained about was broadcast prior to this date, the broadcaster is still named as CanWest TVWorks Ltd. Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer described the programme Studentville, which showed footage of students drinking and at various stages of intoxication during the "Uni Games", as a 30-minute advertisement for binge drinking. He complained that the message of the programme was "have fun by binge drinking", and this breached standards for socially responsible liquor promotion, and law and order. The Broadcaster's ResponseCanWest said the Studentville series recorded the life of students from all university campuses throughout the year. Many of the events and parties shown during the series had featured students drinking to excess, and this was part of the New Zealand university culture....

Decisions
Ihaia & IM and MediaWorks Radio Ltd - 2015-074 (10 March 2016)
2015-074

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-017 (21 May 2018)
2018-017

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Decisions
Tarrant and TV3 Network Services Ltd - 1994-076
1994-076

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 76/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TERRY TARRANT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

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
Henderson and Quayle and TVWorks Ltd - 2009-108
2009-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Dexter promo – contained footage of upcoming episodes with themes of murder and torture – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo contained adult themes – incorrectly classified PGR – content warranted an AO classification – upheld Standard 9 (children’s interests) – promo incorrectly classified – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 8 and 9 Standard 2 (law and order) – promo did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld No Order This headnote does not form part of the decision....

Decisions
Tonizzo and Television New Zealand Ltd - 2012-024
2012-024

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....

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
Banks, New Zealand Aids Foundation Inc and Bennachie and Television New Zealand Ltd - 2003-141–158
2003-141–158

ComplaintDestiny Television: Homosexuality, Religion and God – series of six programmes delivering religious sermons – denigration of and discrimination against homosexual and transsexual people – offensive – inconsistent with legislation – errors of fact – not impartial – TVNZ upheld complaint in part – apologised – removed series from repeat broadcast – dissatisfied with action taken on aspect upheld – dissatisfied with aspects not upheld Findings(1) Action taken on Standard 6 – insufficient – uphold (2) Standard 2 Guideline 2a – did not involve principle of law – no uphold (3) Standard 4, Standard 5 – not relevant – not a news, current affairs or other factual programme – no uphold OrderComplaints referred back to broadcaster under s. 13(1)(c) for further consideration of action to be taken This headnote does not form part of the decision....

Decisions
West and Discovery New Zealand Ltd - 2022-038 (21 June 2022)
2022-038

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

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