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Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 124/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE PAVAN FAMILY of Johnsonville Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

Download a PDF of Decision No. 1991-033:Rutherford and Television New Zealand Ltd - 1991-033 PDF1. 11 MB...

Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and Tagata Pasifika – reported on One News investigation into criminal gangs, drugs and weapon smuggling in Samoa – allegedly in breach of law and order, balance, accuracy and fairness standards Findings Standard 4 (balance) – items discussed controversial issue of public importance – only presented one perspective, that the situation in Samoa was extremely serious – viewers needed information about the gravity of the problem in a wider context and from other perspectives – upheld Standard 5 (accuracy) – reporter accurately reported what she was told by the “Makoi boys” but under the circumstances should have questioned their reliability and made efforts to corroborate what they said – complainant’s other concerns appropriately dealt with under balance – one aspect upheld Standard 6 (fairness) – “Makoi boys” did not understand the nature of the programme or their proposed contribution – upheld – programme…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Dexter – fictional drama about a forensic expert leading a double life as a serial killer – allegedly in breach of law and order and violence standards Findings Standard 2 (law and order) – programme did not promote, glamorise or condone criminal activity – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion with violent scenes and themes – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Dexter was broadcast at 9. 30pm on TV3 on Monday 28 April 2008. The series revolved around a Miami Metro Police Department forensic expert in blood patterns, Dexter Morgan....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sports Tonight – reporter interviewing supermarket staff and patrons – ate a lolly from one of the bulk bins – allegedly in breach of law and orderFindings Standard 2 (law and order) – light-hearted prank – viewers not encouraged to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Sports Tonight broadcast on TV3 at 11. 15pm on 11 March 2005 featured a reporter interviewing supermarket staff and patrons about sports trivia. During the segment, the reporter ate a lolly from one of the bulk bins. Complaint [2] Stephen Ross complained to CanWest TVWorks Limited, the broadcaster, that the actions of the reporter had amounted to theft under the Crimes Act 1961. By broadcasting the item to “the easily influenced public”, he contended, CanWest had endorsed the reporter’s actions....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-034 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority did not uphold a complaint about questions asked of a New Zealander stranded in India following the Government’s suspension of travel. The complaint alleged the questions breached the law and order standard as they suggested numerous ways the interviewee could avoid the travel ban and illegally return home. The Authority found the questions did not actively encourage illegal activity nor actively undermine law and order, and there was a high public interest in the broadcast.   Not Upheld: Law and Order...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News, Marae and Te Karere – One News newsreader referred to Prince William as the popular choice for the next “King of England” – Marae discussion on constitutional change – presenter and guests referred to “Queen of England” – Te Karere item referred to Princes Charles as the “monarch of England” – all items allegedly inaccurate, and in breach of law and order standardFindingsStandard 2 – no basis for complaint – not upheld Standard 5 – not inaccurate – use of phrase “Queen/King of England” acceptable description – not upheldThis headnote does not form part of the decision. Broadcast [1] Television New Zealand Ltd broadcast items on Marae on 14 November 2004, One News on 11 February 2005 and Te Karere on 8 March 2005, all of which referred in some way to the British Royal Family....

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about episodes of Shortland Street, which followed the ongoing storyline of a threesome between a married couple and their nanny. The Authority acknowledged that some viewers might find this storyline distasteful and that some scenes and references might have raised questions for children. However, the Authority found that various contextual factors, including audience expectations of the long-running television drama and a warning for sexual material, prepared audiences for the likely content and minimised the potential for undue harm. The sexual material and references contained in these episodes were relatively inexplicit, with no nudity or sexual activity beyond kissing shown. Finally, the fictional sexual activity took place between consenting adults and no illegal or seriously antisocial activity was portrayed during the programme....

ComplaintAlly McBeal – drama – male applicants for law practice required to take off shirts – discrimination against men – sexual harassment in the workplace – inconsistent with maintenance of law and order Findings(1) Standard G13 – no discrimination or denigration – legitimate dramatic work – no uphold (2) Section 4(1)(b) – no uphold This headnote does not form part of the decision. Summary An episode of Ally McBeal was broadcast on TV2 on 5 July 2000 at 8. 30pm. A sequence in the programme featured two women interviewing male applicants for a position in a legal practice. The applicants were asked to remove their shirts during the interview process. S Smith complained to Television New Zealand Ltd, the broadcaster, that the sequence represented "illegal" sexual harassment of the men involved, and encouraged discrimination against men....

The Authority has not upheld a complaint about a promo which contained a joke that New Zealand’s duck hunting season had been off to a bad start because ‘someone accidentally shot Trevor Mallard’. Viewers would have understood the comment as a joke, and it was unlikely to cause widespread undue offence or encourage illegal activity, nor did it contain unduly disturbing violent content. Not Upheld: Good Taste and Decency, Violence, Law and Order...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198920/20 – item discussed Marc Ellis’s promotional stunt for his new business which involved discharging explosives on Rangitoto Island – allegedly in breach of law and order and fairness standards Findings Standard 2 (law and order) – not clear from the item that the stunt amounted to criminal activity – item did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant did not identify which individuals or organisations were treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 20/20, entitled “Guerrilla Marc[eting]”, broadcast on TV2 at 9. 30pm on Thursday 15 November 2007, discussed the first major guerrilla marketing stunt that had taken place in New Zealand....

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....