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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
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

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
Keane and Radio New Zealand Ltd - 2017-054 (9 August 2017)
2017-054

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview with the manager of teacher practice at the Education Council. The interview discussed the Council’s drug testing of teachers and its ‘zero tolerance’ approach to cannabis use, and referred to a recent finding of misconduct against a New Zealand teacher who refused to undergo a drug test. The Authority did not uphold a complaint that the item ‘pushed’ marijuana use by teachers. The item did not promote the use of illegal drugs or condone the behaviour of the teacher referred to. Rather, it offered a robust examination of the Council’s methods of drug testing teachers and its ‘zero tolerance’ approach to cannabis use. In this context the item did not encourage listeners to use illegal drugs or otherwise undermine law and order....

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
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
Sharplin and Television New Zealand Ltd - 2022-031 (30 May 2022)
2022-031

The Authority has not upheld a complaint about a 1 News item recapping the match between champion heavyweight boxers Tyson Fury and Deontay Wilder. The broadcast was within audience expectations of sports reporting and footage of the knockout punch was justified in the context of a boxing match. The Authority did not consider the broadcast of this sporting event promoted, glamorised or condoned criminal or serious antisocial activity. Not Upheld: Good Taste and Decency, Violence, Law and Order...

Decisions
Office of Film and Literature Classification and Television New Zealand Ltd - 2016-029 (22 August 2016)
2016-029

Summary[This summary does not form part of the decision. ]An episode of Criminal Minds featured the murder of three restaurant workers during an armed robbery, prompting the FBI’s Behavioural Analysis Unit to re-open a similar cold case that occurred six years earlier. The episode contained violence and drug use. The Authority did not uphold the complaint that the episode breached broadcasting standards relating to responsible programming, children’s interests and law and order. The Authority found that while the episode contained challenging content, it was classified AO and was preceded by an adequate warning. The programme’s classification, pre-broadcast warning and established reputation as a crime drama enabled viewers to make an informed viewing decision. The programme did not contain visual acts of violence, and the drug use was not portrayed in an instructional or encouraging manner and was part of the episode’s narrative context....

Decisions
Supreme Sikh Society, Kalgidhar Sports Club & Majinder Singh Bassi and Planet FM - 2018-040 (24 August 2018)
2018-040

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....

Decisions
Freeman and Television New Zealand Ltd - 2011-121
2011-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...

Decisions
Young and CanWest TVWorks Ltd - 2007-058
2007-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....

Decisions
Buckingham and Television New Zealand Ltd - 2002-185
2002-185

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-001 (18 April 2018)
2018-001

Summary[This summary does not form part of the decision. ]During Morning Talk with Mark Sainsbury a caller to the programme discussed her experience with divorce legal proceedings in the Family Court and subsequent appeals. A complaint was made that, by allowing the caller to disclose details of the proceedings, the broadcaster breached the law and order standard. The Authority expressed serious concerns with the way in which the call was allowed to progress, as private information was disclosed by the caller which had been suppressed in the Family Court. The Authority found the broadcaster needs to be more alert to the issues surrounding Family Court matters and similar proceedings as issues of contempt, as well as fairness and privacy, may arise....

Decisions
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Decisions
Cranston and Television New Zealand Ltd - 2015-012
2015-012

Summary[This summary does not form part of the decision. ]A ONE News bulletin reported on recent Islamic State activity and showed footage of identified supporters of ISIS and its training camps. The Authority did not uphold the complaint that this promoted, encouraged and glamorised terrorism. The news bulletin carried high public interest and was a straightforward report of recent terrorist activity that in no way condoned or glorified this behaviour. Not Upheld: Law and OrderIntroduction[1] A ONE News bulletin reported on recent Islamic State activity and showed footage of identified supporters of ISIS and its training camps. [2] Anthony Cranston complained that the reporting of ISIS activities promoted, encouraged and glamorised terrorism. [3] The issue is whether the broadcast breached the law and order standard as set out in the Free-to-Air Television Code of Broadcasting Practice. [4] The item was broadcast on TV ONE on 12 January 2015....

Decisions
de Villiers and Television New Zealand Ltd - 2009-134
2009-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – report on the sale of horse meat for human consumption that had been processed as pet food – included undercover investigation – reporter shown speaking with the owner of pet food factory allegedly supplying horse meat – reporter told to leave the property but continued to ask questions – allegedly in breach of law and order Findings Standard 2 (law and order) – reporter acted in a professional and appropriate manner – item 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....

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Findlay and Television New Zealand Ltd - 2011-008
2011-008

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....

Decisions
Guy and RadioWorks Ltd - 2011-090
2011-090

Complaint under section 8(1C) of the Broadcasting Act 1989The Morning Fix – host described his experience of receiving a speeding ticket – said that if he had slowed down, “I probably would have held up traffic and frustrated people” and, “I hope the $120 goes towards some good boot polish and moustache trimmer” – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 2 (law and order) – host relaying personal story – comments intended to be comedic – did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Fix, broadcast on More FM from 5....

Decisions
Holder and TVWorks Ltd - 2013-064
2013-064

Summary [This summary does not form part of the decision. ] During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters....

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