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Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989Holmes – item about ongoing Family Court proceedings concerning custody of a child – father interviewed anonymously and gave details of evidence and proceedings – brief visuals of baby – mother believed that as baby was identifiable, she was also identifiable – personal details broadcast about her – some allegedly inaccurate – child shown without mother’s permission – alleged breach of privacy of mother and baby – item allegedly unbalanced, unfair and inaccurate – broadcaster allegedly failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy), Standard 6 (fairness) – referral outside statutory time limit – s....

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

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....

Summary [This summary does not form part of the decision. ]An item on Campbell Live included brief footage of a person starting a lawn mower without the rear grass flap on. The Authority declined to determine the complaint that this breached standards of law and order, on the basis it was frivolous and trivial. The footage was extremely brief and part of a light-hearted story in an unclassified current affairs programme targeted at adults, so it could not be said to have encouraged or condoned criminal activity. Declined to Determine: Law and OrderIntroduction[1] The final episode of Campbell Live for 2013 contained a round-up of stories from the year, including very brief footage of a person starting a lawn mower without the rear grass flap on. The programme was broadcast on 20 December 2013 on TV3....

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

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...

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the shooting of two Israeli police officers at the Al-Aqsa Mosque in East Jerusalem. The segment featured footage of officers being chased and shot at, followed by footage of a man being surrounded and shot at, a blurred shot of a dead body on the ground and a body bag on a stretcher. The Authority upheld a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority recognised the public interest in the item and that it reported on important and newsworthy events. However, the Authority considered the item should have been preceded by a warning for the potentially disturbing violent content, to enable viewers to make an informed viewing decision, and allow an opportunity to exercise discretion....

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...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – follow-up item on the use of sow crates in the pig farming industry – interviewed woman planning a whistle-blowing campaign offering rewards to farm workers for exposing cruel farming practices, and CEO of the New Zealand Pork Industry Board – allegedly in breach of law and order and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 6 (fairness) – no evidence that interview with New Zealand Pork Industry Board CEO was unfairly edited – as industry advocate he should expect robust questioning on these issues – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

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...

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-059 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by T K ANDERSON of Auckland Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates A Martin...

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

In an episode of Mai Home Run, one of the radio presenters related a story about accidentally taking and not returning a bag containing items, including a gaming console, belonging to Lil’ Romeo. The presenter also disclosed the name of one of the people involved in the story. The Authority upheld the complaint that the item breached the privacy standard, finding that the named individual was identifiable and would have had a reasonable expectation of privacy in relation to the information disclosed. The Authority also found the disclosure to be highly offensive to a reasonable person, as it had the potential to significantly damage the named person’s reputation. The Authority did not uphold the complaint under the law and order standard, finding that in context the broadcast did not encourage or actively promote serious anti-social or illegal behaviour....

Download a PDF of Decision No. 1992-028:Meyrick and TV3 Network Services Ltd - 1992-028 PDF215. 88 KB...