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Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

ComplaintComedy Season Promo – edited clips from nine comedy programmes – footage from Sex and the City unsuitable for broadcast during children’s programming – breach of good taste – broadcaster not mindful of children – explicit material unacceptable FindingsStandard G2 – promo did not breach currently accepted norms of good taste and decency – no uphold Standard G12 – not G material – broadcaster not mindful of promo’s effect on children – uphold Standard G24 – not "explicit material" as envisaged by the standard – no uphold No Order This headnote does not form part of the decision. Summary 1] TV3 promoted its Comedy Season with a montage of clips from various comedy programmes. The promo, which lasted 60 seconds, included clips from 3rd Rock from the Sun, Will and Grace and Sex and the City, edited together....

SummaryThe involvement of the Prime Minister’s staff with Timberlands was the subject of news items on One Network News broadcast on 17, 18 and 19 August 1999 beginning at 6. 00pm, an item on Breakfast on 18 August beginning at 7. 00am, and an item on Holmes on 18 August beginning at 7. 00pm. It was reported that although Mrs Shipley had denied such involvement with the company after she became Prime Minister, papers released that day indicated otherwise. Hon David Carter, Associate Minister of Food, Fibre, Biosecurity and Border Control complained to Television New Zealand Ltd, the broadcaster, that the 18 August report was inaccurate, unfair and unbalanced. He pointed out first that Mrs Shipley had not denied that her staff had been involved with Timberlands since she had become Prime Minister....

Summary "Six Days in a Leaky Boat" was the name of the documentary broadcast on Inside New Zealand on TV3 at 8. 30pm on 24 March 1999. It featured six people in their twenties who were sailing a yacht in the Bay of Islands, and who had never met before. They were required to perform a number of objectives in difficult circumstances. Mr Stewart complained to TV3 Network Services Ltd, the broadcaster, that the language used and behaviour shown in a programme about boating was unacceptable and in breach of the standards. Furthermore, he wrote, the "foul" language used was advanced as acceptable, which amounted to a deceptive programme practice. Explaining that the programme was about the relationships between six people in their twenties who were required to perform difficult tasks, TV3 said that the unscripted programme captured their reactions....

Complaint Coromandel FM – news item inaccurately reported that fire fighter was charged with drunk driving causing death – privacy of fire fighter Findings (1) Unsatisfactory complaints procedure – warning (2) Principle 8 – relevant (3) Privacy Principles (i) and (ii)– facts inaccurate, not private – no uphold This headnote does not form part of the decision. Summary A news story broadcast more than once during the morning of 11 April 2000 on Coromandel FM reported that a named Morrinsville fire fighter had been charged with drunk driving causing death. MM, the fire fighter’s wife, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the fire fighter’s privacy by disclosing incorrect information about the offence he had been charged with. MM reported that the man had in fact been charged with careless driving causing death....

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

ComplaintBreakfast session – Lakes FM – skit about felling trees for runway extension in Rotorua – bad taste – unbalanced – irresponsibleFindingsPrinciple 1 – sensitive issue, but not precluded from satirical treatment – no uphold Principle 2 – no uphold Principle 4 – other viewpoints aired – no uphold Principle 7 – humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on Lakes FM on 19 September 2000 at about 7. 20am, two breakfast session hosts joked about felling trees to enable the runway at Rotorua airport to be extended. The background noises included the sound of chainsaws. Ngati Rangiteaorere, the owners of a stand of trees adjacent to the airport, complained through their solicitors to Lakes FM about the broadcast....

Complaint Spectrum – documentary – Cuban cigar business – promoted cigar smoking – glamorised cigars – unbalanced – illegal FindingsPrinciple 2 – no jurisdiction over Smoke-free Environments Act – no uphold Principle 4 – not a controversial issue – no uphold Principle 7 – freedom of speech – no uphold This headnote does not form part of the decision. Summary A Spectrum documentary broadcast on National Radio on 7 December 1999 focused on people involved in the cigar industry. Cuban growers and manufacturers were interviewed, as well as a retailer of cigars in New Zealand. The Smokefree Coalition complained to Radio New Zealand Ltd, the broadcaster, that the programme promoted and glamorised cigar smoking, and gave considerable airtime to promoting the business of an Auckland retailer of cigars....

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Summary An episode of Hollywood Sex, a two-part series dealing with the sex industry in Hollywood, was broadcast on TV2 on 2 September 1999 beginning at 9. 30pm. Rosemary McElroy, on behalf of Women Against Pornography, complained to Television New Zealand Ltd, the broadcaster, that in spite of the warning preceding the programme, the average adult viewer would not have expected what she described as the degree of "pornographic" content which it contained. She contended that the programme breached accepted norms of good taste and decency, and cited several examples of what she considered to be objectionable material. TVNZ noted that various aspects of the sex industry had been depicted, and that the emphasis had been on the curious and grotesque. While the nature of the sexual activity discussed had been indicated, there had been no scenes of sexual intercourse or any full frontal nudity, it observed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Ugly Betty promo – classified G – contained sexual themes – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – content of promo required a higher classification of PGR – promo should not have screened during a G-rated programme – upheld Standard 9 (children’s interests) – content of promo was more suitable for a mature audience – should not have been broadcast during a G programme children were likely to be watching – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 No Order This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Ugly Betty was broadcast on TV2 at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – allegedly in breach of programme classification and violence standards Findings Standard 7 (programme classification) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld Standard 10 (violence) – violence went beyond PGR classification – inadequate warning – broadcaster did not exercise sufficient care – upheld No Order This headnote does not form part of the decision. Broadcast [1] The first episode of Shortland Street for 2009 was broadcast on TV2 at 7pm on Monday 19 January. It began with a brief recap of the final episode from 2008, in which one of the characters, Ethan Pearce, was shot in his home. Ethan was shown covered in blood struggling to move out through his yard and onto a beach, where he died....

ComplaintFair Go – auction of house – sale fell through – house resold to unsuccessful bidder – unreasonable to charge two commissions – unfair – unbalanced Findings(1) Standard G4 – promo – unfair – uphold (2) Standard G4 – items explained issues fairly – no uphold – Standards G6, G7 G11(i) – subsumed No Order This headnote does not form part of the decision. Summary Fair Go, a consumer advocate programme, is broadcast weekly on TV One at 7. 30pm. In the episodes broadcast on 12 and 19 July 2000, it reported that the vendor of a house believed that he had been unfairly charged a second commission by real estate agents after a first sale had fallen through and a subsequent sale had been made. His belief was alluded to in a promo for Fair Go which was broadcast on a number of occasions....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Edge – host prank called the National Poison Centre pretending that a friend had ingested window cleaner – allegedly in breach of social responsibility standard Findings Principle 7 (social responsibility) – the prank call wasted the Centre’s time and resources – the hosts knew that they did not require assistance from the Centre – the prank call was socially irresponsible – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item called “Win Dom’s Money” broadcast on The Edge at 8am on 9 August 2007, involved a radio personality named Chang being dared to drink a shot glass of glass cleaner for $60. Before the hosts allowed Chang to drink the shot, one of them rang a phone number located on the back of the bottle of glass cleaner....

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for The Tudors – contained sequence of brief scenes including woman standing with her arm across her chest, with one breast partly visible, and two shots of male character lying on top of a woman in bed kissing her – allegedly in breach of programme classification and children’s interests standards Findings Standard 7 (programme classification) – majority considered promo was appropriately classified PGR – broadcast during unclassified host programme – not upheld Standard 9 (children’s interests) – majority considered broadcaster considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast at 7. 20am on TV One on Sunday 9 September 2007 during the current affairs programme Sunday....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Peewee’s Sister – children’s short story about a boy who was being bullied for his school lunch – story contained two parts involving scuffles between characters – allegedly in breach of good taste and decency, law and order and social responsibility Findings Principle 7 (social responsibility) – theme of a bully being beaten by his own tactics of physical force not inappropriate for a children’s story – broadcaster sufficiently considered the story’s effect on child listeners – not upheld Principle 1 (good taste and decency) – subsumed into consideration of Principle 7 Principle 2 (law and order) – subsumed into consideration of Principle 7 This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-160 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (Otago District) Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-170 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOUGLAS JENKIN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...