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Decisions
Turver and Television New Zealand Ltd - 2016-032 (25 July 2016)
2016-032

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the upcoming flag referendum and featured an interview with an Australian advocate for changing the flag. The Authority did not uphold a complaint that presenter Mike Hosking ‘encouraged the New Zealand public to vote a certain way by reiterating his own prejudices and then using an Australian broadcaster to support his own views’. While Mr Hosking made his view in support of changing the flag known, the alternative view was adequately presented during the item. Given the widespread coverage of the flag referendum, viewers could also reasonably be expected to be aware of significant perspectives on the issue, and would not have been deceived or disadvantaged as a result of this item. Not Upheld: Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Seven Sharp discussed the upcoming flag referendum....

Decisions
Whanau Social Services Inc and Te Reo Irirangi O Ngati Kahungunu Inc - 1995-082
1995-082

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...

Decisions
Stott, on behalf of ADHD.org.nz, and Oliver and Television New Zealand Ltd - 2000-130, 2000-131
2000-130–131

Complaint60 Minutes – item on Ritalin – offensive – irresponsible – failed to respect principles of law – likely to place children at riskFindings(1) Standard G5 – no disrespect for law evidenced – no uphold (2) Standard G2 – public interest – current affairs – audience expectations unlikely to have been exceeded – no uphold (3) Standard G12 – not relevant – no uphold (4) Standard G16 – public interest – no uphold This headnote does not form part of the decision. Summary An item on the black market for the prescription drug Ritalin was broadcast on 60 Minutes on TV One on 11 June 2000 beginning at 7. 30pm. On behalf of ADHD. org....

Decisions
Riwai-Couch and Television New Zealand Ltd - 2010-053
2010-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Band of Brothers – sex scene broadcast at approximately 8. 40pm – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 9 (children’s interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults only watershed – upheld Standard 1 (good taste and decency) – programme’s content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of the mini-series Band of Brothers was broadcast on TV One at 8. 30pm on Monday 15 March 2010. The series was based on a best-selling book about a World War II United States Army airborne unit known as Easy Company....

Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Decisions
Harrison and Television New Zealand Ltd - 2008-065
2008-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....

Decisions
de Hamel and Radio New Zealand Ltd - 2007-135
2007-135

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....

Decisions
The New Zealand Woman and TV3 Network Services Ltd - 2002-018, 2002-019
2002-018–019

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Decisions
Gray and Radio New Zealand Ltd - 2011-064
2011-064

Complaint under section 8(1B)(b)(i) and (ii) of the Broadcasting Act 1989Te Ahi Kaa – discussed post-earthquake relief efforts in Christchurch – included audio extract from a previous news bulletin reporting on the earthquake – allegedly in breach of accuracy and responsible programming standards – broadcaster upheld complaint under responsible programming standard – action taken allegedly insufficient FindingsStandard 8 (responsible programming) – action taken by the broadcaster was sufficient – not upheld Standard 5 (accuracy) – use of audio extract not inaccurate or misleading when considered in context – not upheld This headnote does not form part of the decision. Broadcast [1] Te Ahi Kaa, a programme broadcast on Radio New Zealand National on Monday 14 March 2011 just after the 1am news bulletin, discussed some of the post-earthquake relief efforts in Christchurch....

Decisions
Allen and MediaWorks TV Ltd - 2014-106
2014-106

Summary [This summary does not form part of the decision. ] In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading Programmes Introduction [1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

Decisions
Mazer and RadioWorks Ltd - 2010-021
2010-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

Decisions
Lord and Radio New Zealand Ltd - 1999-023
1999-023

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

Decisions
Hadfield and Television New Zealand Ltd - 2005-065
2005-065

Complaint under section 8(1)(a) of the Broadcasting Act 1989Four promos broadcast prior to 8. 30pm – three for programme Bad Girls – one for quiz show How Normal Are You? – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – Bad Girls – material suitable to be rated PGR – not upheld – How Normal Are You? – material suitable to be rated G – not upheld by majority Standard 9 (children’s interests) – Bad Girls – material appropriate to be rated PGR – not upheld – How Normal Are You?...

Decisions
Clarkson and Canterbury Television Ltd - 1994-054
1994-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 54/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Werry and Radio New Zealand Ltd - 1994-057
1994-057

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...

Decisions
Peet and MediaWorks TV Ltd - 2015-001
2015-001

Summary [This summary does not form part of the decision. ] An item on The Paul Henry Show featured a recent Police press release about a so-called tourist who had reportedly been driving with a kayak attached width-ways to the roof of his car. The presenter commented that the man was ‘a bloody twat’ and that his actions ‘pissed him off’. The Authority did not uphold a complaint about the presenter’s choice of language and his denigration of foreign tourists. In the context of a late-night programme and the presenter’s well-known style, the language did not threaten current norms of good taste and decency and ‘foreign tourists’ are not a section of the community to which the discrimination and denigration standard applies....

Decisions
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Allen and Television New Zealand Ltd - 2011-057
2011-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – segment called “Good Sorts” profiled volunteer fireman – interviewee used the phrase “good bastard” twice – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – language used in complimentary way – not aggressive or abusive – contextual factors – not upheld Standard 9 (children’s interests) – One News was an unclassified news programme targeted at adults – contextual factors – not upheld Standard 8 (responsible programming) – One News was an unclassified news programme – standard not applicable – not upheld Standard 4 (controversial issues) – no discussion of a controversial issue – not upheld This headnote does not form part of the decision....

Decisions
Broad and The RadioWorks Ltd - 2000-032
2000-032

Summary An exchange on The Rock included a conversation between the announcer and an actor portraying a fictitious Australian character called Darryl Brock, during which Darryl Brock asked the announcer whether a woman announcer had "big tits" and if "she bang[ed] like a shithouse door in the wind". The exchange was broadcast at around 9. 00am on 25 November 1999. K E Broad complained to The RadioWorks Ltd, the broadcaster, that the language used was offensive and totally unacceptable, and that children could have heard it because of the time of the broadcast. The RadioWorks responded that the reference to the woman having "big tits" was "perhaps a little raunchy", but was a slang expression and did not contravene broadcasting standards. As to the second remark, the RadioWorks said that the word "shithouse" was also slang and that this remark did not contravene broadcasting standards either....

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