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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – use of the phrases “Prime Minister of England” and “future King of England” – allegedly inaccurateTe Karere – use of the phrase “Te Kuini o Ingarangi” instead of “Te Kuini o Aotearoa” allegedly inaccurate and in breach of law and orderOne News – use of the phrase “Queen of England” allegedly inaccurate and in breach of law and orderFindings Standard 2 – nothing in the items inconsistent with the maintenance of law and order – not upheldStandard 5 – phrase in common usage – viewers would have known who was being referred to – not upheldThis headnote does not form part of the decision. Broadcasts [1] On 8 April 2005 at 6pm, Close Up broadcast an item covering the wedding of Prince Charles and Camilla Parker-Bowles, and the funeral of Pope John Paul II....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

The Authority has not upheld a complaint about a broadcast on the criticism faced by London Police following their actions in stopping a vigil for murdered woman Sarah Everard, as participants were not abiding by the COVID-19 restrictions in place at the time. The Authority found the item was not unfair to the London Police Chief or the London Police. It did not actively encourage non-compliance or seriously undermine law and order. The balance standard was not applicable as the item did not amount to a ‘discussion’. Not Upheld: Fairness, Law and Order, Balance...

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....

The Authority did not uphold a complaint about a Newshub Live at 6pm item on the Paralympics depicting a hug between sisters Lisa Adams and Dame Valerie Adams. The complaint was that the broadcast breached the good taste and decency, children’s interests, and law and order standards as the Paralympics occurred amid the COVID-19 pandemic, whilst various physical distancing restrictions were in force. The Authority found the item did not breach the standards specified as it did not encourage non-compliance with COVID-19 restrictions, nor was it likely to cause widespread undue offence, or harm to children watching. Not Upheld: Good Taste and Decency, Children’s Interests, Law and Order...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

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....

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....

Summary [This summary does not form part of the decision. ]The Authority declined to uphold a complaint that a number of cooking and fishing programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. Killing and preparing animals to eat is a fact of life, and the complaint was based primarily on personal preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about a number of cooking and fishing shows aired on Choice TV. Ms Feral argued that these programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. As examples, Ms Feral referred to footage of live oysters being eaten and catch-and-release fishing, both of which she alleged to be barbaric and cruel....

Download a PDF of Decision No. 1993-144:Child and Aotearoa National Maori Radio - 1993-144 PDF230. 01 KB...

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....

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item on shoplifting – included footage of “security expert” shoplifting from two stores – allegedly in breach of law and order and balance Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Campbell Live, broadcast on TV3 at 7pm on Monday 9 June 2008, featured a story on shoplifting and the effects it was having both on the business community and New Zealand consumers. [2] The presenter introduced the item by saying: Tonight. . . we look at others caught on camera, caught shoplifting. In fact. . ....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – episode showed three dogs being taken from their owner as they were not registered and were aggressive towards other dogs – allegedly in breach of law and order, controversial issues and responsible programming standards FindingsStandard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – focus was on dogs being removed from owner because they were not registered – not upheld Standard 4 (controversial issues) – programme did not discuss a controversial issue of public importance – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

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....

Summary[This summary does not form part of the decision. ]An item on 3 News discussed New Zealand’s efforts to remove the veto power held by permanent member states on the United Nations Security Council. Both the presenter and reporter referred to a recent example of Russia exercising its veto in relation to a proposed tribunal to investigate the crash of flight MH17. The Authority declined to uphold a complaint that the item was misleading and unbalanced because Russia in fact was supportive of investigating the MH17 tragedy and holding those responsible to account, but was not in favour of setting up a tribunal on the matter. The item was materially accurate and the reference to Russia’s exercise of the veto power did not amount to a discussion of a controversial issue of public importance which triggered the need to present alternative views....

The Authority has not upheld a complaint alleging an interview with Judith Collins breached the law and order standard. The interviewer asked Ms Collins to clarify what she meant when she said, regarding Police Minister Poto Williams, ‘I think a lot of people want to bottle her’. Ms Collins explained she meant Minister Williams should be kept in a bottle ‘like a genie in a bottle’. The line of questioning was reasonable in the context, and the item did not actively promote serious anti-social or illegal behaviour. Not Upheld: Law and Order...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter held a highlighter to his nose and sniffed it – commented that highlighters are not as good as permanent markers for sniffing – allegedly in breach of law and order and children’s interests standards Findings Standard 2 (law and order) – sniffing permanent markers is not illegal – comments intended to be humorous – not upheld Standard 9 (children’s interests) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on Thursday 10 April 2008, the following discussion took place between the programme’s presenters Paul Henry and Pippa Wetzell at approximately 8. 05am: Paul: What did we do before highlighters? They are so cool. . ....

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....