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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. ]A 1 News segment on 14 November 2017 discussed the effect of an expanding Chinese economy on global carbon dioxide (CO2) levels. In a pre-recorded item from the BBC, with reference to the release of CO2, a BBC Correspondent said that ‘the gas traps heat in the atmosphere’. The Authority did not uphold a complaint that the item was inaccurate or unbalanced. The Authority found that the broadcaster was entitled to rely on internationally reputable sources to support the BBC Correspondent’s statement on the issues addressed in the segment. The Authority also found that the broadcaster’s reliance on this leading scientific theory to the exclusion of others in the broadcast was unlikely to leave viewers significantly misinformed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Martin Crump Late Night Live – stand-in host encouraged running over possums – complainant phoned the show and disagreed with the host – allegedly in breach of good taste and decency, law and order, and fairness standards FindingsStandard 1 (good taste and decency) – talkback is a robust forum – host’s comments were “tongue-in-cheek” and not intended to be taken seriously – contextual factors – not upheld Standard 2 (law and order) – not Authority’s role to determine whether deliberately running over possums is a crime – two callers gave the view that it was irresponsible – host discouraged dangerous driving – broadcast did not encourage listeners to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant was allowed more than two minutes to air his views – callers who disagree with a talkback host’s…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary[This summary does not form part of the decision. ]Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – reported public criticism of Taupo District Council’s apparent inaction in Turangi over the state of a swimming pool, sports ground facilities, and footpaths – interviewed chairman of the Taupo/Tongariro Community Board – allegedly in breach of standards relating to the maintenance of law and order, balance, fairness and accuracy FindingsStandard 2 (law and order) – no disrespect for principles of law shown– not upheld Standard 4 (balance) – state of council facilities was controversial issue of public importance and reasonable opportunity given to respond to criticisms – not upheld Standard 5 (accuracy) – criticisms advanced by named residents – not upheld Standard 6 (fairness) – Mr Ormsby given opportunity to reply to criticisms of specific facilities – Turangi described fairly – opportunity for residents to participate in setting priorities for expenditure of rates explained – not upheld This headnote does not form part of…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hooked in New Zealand – host and other competitors in a fishing competition shown drinking beer and shots of sambuca – allegedly in breach of law and order and liquor standards FindingsStandard 11 (liquor) – programme contained liquor promotion but it was not socially irresponsible – not upheld Standard 2 (law and order) – programme did not glamorise, promote or condone illegal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Hooked in New Zealand, a locally made fishing programme, was broadcast on TV One at 1. 30pm on Sunday 13 February 2011. In this episode, the host and his friend entered the “Cleanco Classic” 24-hour fishing competition on Great Barrier Island. As the contestants gathered for the fishing competition, a number of the other fishermen were shown holding bottles of beer....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about young Sri Lankan woman who had been deported – release of woman’s lawyer’s letter when lawyer was criticised by Minister of Immigration – allegedly unbalanced, inaccurate, unfair to lawyer and failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order) – no principles of law involved – not upheld Standard 4 (balance) – lawyer not given opportunity to respond to Minister’s criticism – upheld Standard 5 (accuracy) – misleading as to source of letter – upheld Standard 6 (fairness) – unfair to lawyer – upheldOrder Broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] Recent developments in the case of a young Sri Lankan woman who had been deported were covered in an item broadcast on 3 News on TV3 beginning at 6....

Download a PDF of Decision No. 1992-060–062:Sharp, Nelson and Christian Heritage Party and Television New Zealand Ltd - 1992-060, 1992-061, 1992-062 PDF858. 38 KB...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on death of a man who was shot while out hunting – during visual reconstruction person pointed a firearm at the camera – allegedly in breach of law and order standard FindingsStandard 2 (law and order) – footage of a gun pointed at the camera did not, when taken in context, 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. Introduction [1] A Close Up item reporting on the sentencing of a man convicted of shooting another man in a hunting accident, included visual reconstructions of people hunting. The reporter referred to previous hunting accidents, and a brief, out-of-focus shot of a gun pointing towards the camera was shown during a visual reconstruction of a hunting trip....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-127 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NICK KEARNEY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....