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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....

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]....

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....

During the programme Tim Roxborogh & Tim Beveridge Afternoons, the hosts discussed Russia’s recent invasion of Ukraine. In response to Roxborogh’s question of ‘how do you stop Putin? ’ Beveridge answered that the only thing would be ‘…a bullet to the back of Putin’s head. He has to be taken out by someone. ’ The complainant alleged that these comments breached the good taste and decency, violence, law and order, and fairness standards as they incited violence. The Authority did not uphold the complaint, finding the comments did not reach a threshold justifying regulatory intervention. In particular, the Authority noted the comments did not amount to a threat or call to action, were not likely to incite action against President Putin, and were made in the context of a discussion about President Putin’s invasion of Ukraine, which has led to significant loss of life and the displacement of Ukrainians....

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...

ComplaintHolmes – Waitara shooting – interview with eye-witnesses – failure to observe standards consistent with maintenance of law and orderFindings(1) Standard G5 – no prejudice to any proceedings or disrespect for principles of law – no uphold (2) Standard G6 – balance provided during period of current interest – no uphold This headnote does not form part of the decision. Summary A Waitara couple who had witnessed some of the events which resulted in the shooting by police of Stephen Wallace was interviewed on Holmes broadcast on TV One on 2 May 2000 beginning at 7. 00pm. I B Owen complained to Television New Zealand Ltd, the broadcaster, that the interview was tantamount to "trial by television" and breached the requirement for broadcasters to observe standards consistent with the maintenance of law and order....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Target – item about one man’s experience of having his car wheel clamped – also discussed legality of clamping in New Zealand – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming Findings Standard 5 (accuracy) – item did not state as fact that wheel clamping was illegal – premised as opinion of lawyer and judge – impression created for viewers was that the law in this area is confusing – Target made reasonable efforts to ensure item was accurate and did not mislead – not upheld Standard 2 (law and order) – law relating to wheel clamping complex and uncertain – in order to find a breach of this standard we would have to make a finding as to whether or not clamping is legal – legality (or…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-111 Decision No: 1996-112 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M FRASER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-106 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld a complaint that a Morning Report item stating ‘Protesters occupying Parliament grounds have been calling for reinforcements…’ breached the law and order standard. The Authority found in the context the item did not actively encourage or promote illegal behaviour. In any event, the public interest in the item meant the right to freedom of expression outweighed any potential harm. Not Upheld: Law and Order...

ComplaintNewstalk ZB – host Danny Watson – results of trial of Jules Mikus for the murder of Teresa Cormack referred to and discussion about justice, retribution and community responsibility – encouraged vigilante justice FindingsPrinciple 7 – not applicable – no upholdPrinciple 2 – some of the host’s populist comments came close to breach – although overall support for judicial processes – no uphold This headnote does not form part of the decision Summary [1] The conviction of Jules Mikus for the murder of Teresa Cormack was referred to on Newstalk ZB between noon and 3pm in the talkback session broadcast on 9 October 2002 hosted by Danny Watson. Concern at the time-lapse between the murder and conviction was expressed. Examples of extra-judicial justice were given by callers and the host at times suggested that instant justice could be more effective in reforming offenders than the justice system....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about 14-year-old boy accused of throwing eight kilogram slab of concrete from motorway bridge killing a motorist – boy had been granted name suppression – name of accused was shown for approximately five seconds written on a folder – complaint that broadcaster had breached name suppression order – broadcaster upheld complaint under law and order standard – complainant dissatisfied with action takenFindingsDecline to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] A One News item broadcast on TV One at 6pm on 3 July 2006 discussed a court case involving a youth accused of throwing an eight kilogram slab of concrete from a motorway bridge, killing a passing motorist....

ComplaintThe Edge – ring-in competition – how to deal with unwanted singing hamster – some callers’ suggestions violent and cruel – offensive – illegal – inappropriate for childrenFindingsPrinciple 1 – insufficient information about context – decline to determinePrinciple 2 and Principle 7, guideline b – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] Listeners to The Edge were invited to phone in and suggest ways of dealing with an unwanted singing hamster. The suggestions broadcast between 7. 50–8. 10am on 21 December 2001 involved various degrees of violence and cruelty. [2] Mr Butcher complained to The RadioWorks Ltd, the broadcaster, that the methods were offensive, illegal and inappropriate for broadcast during children’s normal listening times. [3] When the broadcaster failed to respond to his formal complaint, Mr Butcher referred it to the Broadcasting Standards Authority under s....

Download a PDF of Decision No. 1993-169:Bracey and Television New Zealand Ltd - 1993-169 PDF406. 94 KB...

Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...

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....

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)....

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…...

The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue....