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ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – showed couple in bed – camera with recording light on was positioned at the end of the bed – footage briefly shown of the couple kissing – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – programme’s themes more suited to PGR but visual depiction of them inexplicit and acceptable in G programme – majority – not upheld Standard 1 (good taste and decency) and Standard 9 (children’s interests) – subsumed into consideration of Standard 8 This headnote does not form part of the decision. Broadcast [1] An episode of Home and Away, an Australian soap opera with a G rating, was broadcast on TV3 at 5. 30pm on Friday 31 July 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

SummaryA political advertisement for the ACT party broadcast on 23 November 1999 at 6. 51am referred to its policy to resolve all Treaty claims. Both ACT’s and National’s policies for resolving Treaty matters were referred to at various times during the election campaign. William Powell complained to Television New Zealand Ltd, the broadcaster, that it was responsible for disseminating incorrect and unconstitutional information which would have misled and confused the public. He emphasised that Treaty matters were not for political parties to decide, and pointed to historical evidence which he said supported his view. He noted that the point was now before the Court of Appeal for adjudication. TVNZ noted that the substance of the complaint was very similar to another lodged by the same complainant, and that it had not been upheld when it was referred to the Broadcasting Standards Authority for review....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about recent release of controversial Barbie doll – panellist suggested there was a market in the Muslim world for “terrorist Barbie”, and in response the host suggested “suicide bomber Barbie” – allegedly in breach of good taste and decency, accuracy, discrimination and denigration, and responsible programming standards FindingsStandard 7 (discrimination and denigration) – panellists were offering commentary and opinion in a satirical manner, making the point that the marketers of Barbie dolls were smart to release controversial Barbies – comments did not encourage the denigration of, or discrimination against, Muslims as a section of the community – not upheld Standard 1 (good taste and decency) – comments were light-hearted and intended to be satirical/a joke – most viewers would not have been offended or distressed by the comments taking into account the context – not upheld Standard 8 (responsible…...

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

ComplaintOne News – item about HIV positive man facing charges of sexual offending – HIV status irrelevant to criminal allegations – broadcaster did not respect principles of law - unbalanced – impartial – unfair – broadcaster not mindful of effect on children – item caused unnecessary panic, alarm and distress FindingsStandard G5 – standard concerned with maintenance of law and order – possible breach of law beyond Authority’s jurisdiction – no uphold Standard G16 – broadcast did not cause "unnecessary" alarm – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6. 00pm on 23 November 2000 described the court appearance of a North Shore teacher who faced 20 charges in relation to sex offences allegedly committed against six boys. The news item described the man, whose name had been suppressed, as having tested HIV positive....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989D’Arcy Waldegrave Drive – host and producer referred to rugby players as “Jesus” and “God” – allegedly in breach of standards relating to good taste and decency, discrimination and denigration, and responsible programmingFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – use of “Jesus” and “God” to compliment rugby players would not have offended or distressed most listeners in context – comments did not carry any invective and did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During D’Arcy Waldegrave Drive on Radio Sport, the host and producer discussed the selection of the All Blacks training squad, including a rookie, Steven Luatua, who played for the Auckland Blues....

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(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Birdland – presenter Jeremy Wells looked at birdlife in New Zealand – visited a weka farm in Southland – was shown caring for pet mice then releasing them to be eaten by weka – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence FindingsStandard 9 (children’s interests) – guideline 9d – animals badly treated – gratuitous and not justified by context – broadcaster did not adequately consider children’s interests – upheld by majority Standard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 10 (violence) – subsumed into consideration of Standard 9 No Order This headnote does not form part of the decision. Broadcast [1] An episode of Birdland, a locally produced wildlife programme hosted by comedian Jeremy Wells, was broadcast on TV One at 7pm on Saturday 14 November 2009....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 57/94 Dated the 26th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN S WERRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Cellularpromo – promo for AO-classified movie broadcast during PGR-rated animated movie – allegedly in breach of responsible programming and children's interests standards FindingsStandard 8 (responsible programming) – promo did not contain any AO material - promo correctly rated PGR and screened in appropriate host programme – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests in screening the promo during Ratatouille – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the movie Cellular was screened on TV2 on Saturday 14 August 2010, near the end of Ratatouille, an animated movie which was rated PGR and screened at 7. 30pm. Cellular was classified Adults Only and was broadcast at 9. 45pm after Ratatouille....

Download a PDF of Decision No. 1993-115:Tawhai and TV3 Network Services Ltd - 1993-115 PDF300. 14 KB...