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Decisions
Damaske and Television New Zealand Ltd - 2003-137
2003-137

ComplaintOne News – in view of low water levels, news item about the exposure of ships sunk in River Danube in Second World War – estimated up to 2000 bodies in the river – reference to Nazi navy – unbalanced – inaccurate – unfair FindingsStandard 2 – not relevant – no uphold Standard 4 – not unbalanced – no upholdStandard 5 – unable to establish facts – decline to determine Standard 6 not unfair – no uphold This headnote does not form part of the decision. Summary [1] The extremely low levels of the River Danube in Serbia had resulted in the exposure of a number of German Navy ships from the Second World War which had been scuttled as the Nazis withdrew. It was reported that up to 2000 people on the ships had been drowned when the ships were scuttled....

Decisions
Vaioleti and MediaWorks Radio Ltd - 2015-008
2015-008

Summary[This summary does not form part of the decision. ]During a voice break on the radio music show Selectah, the presenter said, 'If you are a scooter rider, in the city, in Auckland, let me give you one piece of advice: Don't get your scooter fixed by Scootling, they charge way too much. ' MediaWorks upheld a fairness complaint from the owner of Scootling and offered him a number of options for redress including an on-air apology and free advertising. The Authority disagreed with the complainant that this action was insufficient. It also declined to uphold his complaints that the broadcast otherwise breached standards relating to law and order and accuracy. Not Upheld: Fairness (Action Taken), Law and Order, Accuracy Introduction[1] During a voice break on a radio music show, Selectah, the presenter said: I'm waiting for my scooter guy to turn up. . ....

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
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
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
Weich and MediaWorks Radio Ltd - 2016-023 (22 August 2016)
2016-023

Summary[This summary does not form part of the decision. ]The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive....

Decisions
Leighton and NZME Radio Ltd - 2018-034 (23 July 2018)
2018-034

Summary[This summary does not form part of the decision. ]During Hauraki Breakfast, hosts Jeremy Wells and Matt Heath discussed smoking marijuana, in relation to several National Party MPs who had recently publicly stated they had never tried it. The hosts took calls from listeners who had also never tried marijuana and asked them why they had never tried it. The Authority did not uphold a complaint that the broadcast promoted and encouraged the use of marijuana. The Authority found the broadcast amounted to a comedic discussion of smoking marijuana that did not go beyond established audience expectations of Radio Hauraki, Hauraki Breakfast or the hosts. The Authority noted that humour and satire are important aspects of free speech, and found that on this occasion, there was insufficient risk of harm to justify limiting the broadcaster’s right to freedom of expression....

Decisions
Hawkins and CanWest TVWorks Ltd - 2005-045
2005-045

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – footage of an assault on a man charged with child abuse – described as “street justice” – allegedly in breach of law and orderFindings Standard 2 (law and order) – crime was not endorsed or glamorised – “street justice” a colloquialism – broadcaster did not condone assault – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6pm on 1 April 2005 detailed the lifting of name suppression in a prominent child abuse case. The piece contained footage of an assault on the accused that had screened previously when the name suppression order was still in effect. The voiceover stated: Last week when he appeared in court it was street justice being meted out on [the accused]....

Decisions
Road Transport Forum New Zealand and TV3 Network Services Ltd - 1997-114
1997-114

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-114 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROAD TRANSPORT FORUM NEW ZEALAND Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
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
Craig and 4 Others and Television New Zealand Ltd - 2013-034
2013-034

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Decisions
Martin and MediaWorks Radio Ltd - 2014-045
2014-045

Summary [This summary does not form part of the decision. ]During MORE FM Breakfast the hosts discussed ‘age-appropriate’ movies and invited callers to phone in and tell them what movies they watched ‘before they should have’. The Authority did not uphold the complaint that the programme’s treatment of ‘underage viewing’ breached the law and order standard. Personal anecdotes were standard fare for breakfast radio shows, and reasonable listeners would not have taken the programme as a serious encouragement to break the law or to allow young children to watch unsuitable films. Not Upheld: Law and OrderIntroduction[1] During MORE FM Breakfast the hosts talked about the animated film Frozen, and one host commented he did not think the film was targeted at ‘middle-aged men’....

Decisions
Howard and TVWorks Ltd - 2009-105
2009-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skins – programme about a group of teenagers in Britain – showed teenagers drinking excessive amounts of alcohol and taking drugs – contained sexual material, nudity, violence and coarse language – allegedly in breach of good taste and decency, law and order, responsible programming, children’s interests, violence and liquor promotion standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme correctly classified AO9....

Decisions
Shields and Fulham and TV3 Network Services Ltd - 2000-106, 2000-107
2000-106–107

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Decisions
Philps and TV3 Network Services Ltd - 1996-147
1996-147

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-147 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHERYL PHILPS of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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
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
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Edgington and Television New Zealand Ltd - 2018-047 (24 August 2018)
2018-047

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an item on 1 News, about claims from the Department of Conservation (DOC) that staff had been abused and attacked by anti-1080 protestors, breached broadcasting standards. The Authority found the item was unlikely to mislead or misinform audiences, as it contained comments from various parties including a DOC representative, an anti-1080 campaigner and a National Party MP. The Authority highlighted the importance of the reporting on issues of public importance in an accurate and balanced manner, finding that the broadcaster did so on this occasion....

Decisions
Burrows and Television New Zealand Ltd - 2014-070
2014-070

Summary [This summary does not form part of the decision. ]Seven Sharp screened footage of an incident involving celebrity singer Beyoncé’s sister physically attacking Beyoncé’s husband in a lift. The Authority did not uphold the complaint that the item made light of the serious issue of violence or denigrated men. Not Upheld: Law and Order, Discrimination and Denigration, Violence. Introduction[1] Seven Sharp screened footage of an incident involving Beyoncé’s sister physically attacking Beyoncé’s husband in a lift, that had attracted the attention of media worldwide. It was broadcast at 7pm on TV ONE on 13 May 2014. [2] Wayne Burrows complained that the hosts ‘made light of this serious issue laughing and joking about the violence’. He said that by laughing the presenters glamorised the violent behaviour, and because the violence was by a woman against a man, the laughter denigrated men....

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