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Download a PDF of Decision No. 1993-126:Sharp and Television New Zealand Ltd - 1993-126 PDF420. 11 KB...
The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...
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)....
Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...
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....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...
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....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Life on Mars – included a brief scene of a man having his hand held down and hit with a telephone receiver – allegedly in breach of law and order and violence 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 10 (violence) – promo was rated PGR – violence was fleeting – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Life on Mars, a British science fiction and police drama television series, was broadcast during One News at 6pm on TV One on Monday 23 June 2008. [2] The promo included a brief scene of a man being interrogated....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item discussed the assault on convicted murderer William Bell by fellow prison inmates – presenter made a statement regarding the assault – allegedly in breach of good taste and decency, law and order and fairness Findings Standard 1 (good taste and decency) – contextual factors – host’s statement was sarcastic – made clear to viewers that neither host supported violence against prisoners – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – people referred to were treated fairly – not upheld This headnote does not form part of the decision....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – two related items, broadcast on different dates, contained footage of a reporter talking on his cell phone – viewers could hear what was being said by the person on the other end of the line – allegedly in breach of law and order, privacy and fairness Findings Standard 2 (law and order) – items did not promote, condone or glamorise criminal activity or encourage viewers to break the law – not upheld Standard 3 (privacy) – man knew he was speaking to a reporter – would have realised the conversations would be reported on in some manner – sufficient public interest – not upheld Standard 6 (fairness) – items treated the man fairly – 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....
Download a PDF of Decision No. 1992-077:Garbutt and Radio New Zealand Ltd - 1992-077 PDF336. 54 KB...
Download a PDF of Decision No. 1993-100:Minister of Women's Affairs (Hon Jenny Shipley) and Television New Zealand Ltd - 1993-100 PDF635. 3 KB...
Summary[This summary does not form part of the decision. ]Various items on Breakfast featured a weather reporter providing weather forecasts from Airbnb accommodation, as part of a competition for viewers to win Airbnb vouchers. During the items, the reporter interviewed three New Zealanders who rented out their accommodation through Airbnb, as well as an Airbnb representative, about the service. The Authority did not uphold a complaint that these items failed to cover key information about Airbnb, resulting in inaccurate and unbalanced broadcasts that were also in breach of the law and order standard. The items were in the nature of advertorials, being programme content that was not news, current affairs, or factual programming to which the accuracy and balance standards applied....
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....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....