Search Rapua

Summary[This summary does not form part of the decision. ]3D reported on the cervical cancer vaccine Gardasil, and the stories of several girls and their families who believed that they had suffered serious health problems after being vaccinated. It also reported on the as-yet-unexplained sudden deaths of two girls who had recently received the vaccine. The Authority did not uphold a complaint from the maker of Gardasil alleging that the programme misleadingly suggested that Gardasil was unsafe and thus deceived and disadvantaged the public when there was no evidential basis for doing so. The story was well-reported, was measured in its presentation and gave viewers a range of information, which enabled them to make up their own minds about the vaccine. The Authority emphasised the high public interest in the story and in giving a platform for minority voices to be heard....

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....

Summary[This summary does not form part of the decision. ]Storytime featured a series of readings from the Margaret Mahy novel The Catalogue of the Universe. The Authority upheld a complaint that the young adult novel featured content unsuitable for younger listeners and should not have been broadcast during Storytime. The story featured teenage drinking and sexual activity which were not appropriate for child listeners and would not have been within audience expectations of this timeslot, which has long been understood to feature stories aimed at younger children. Upheld: Responsible ProgrammingNo OrderIntroduction[1] Storytime featured a reading of Margaret Mahy’s The Catalogue of the Universe, a young adult novel about the evolving relationship between two teenagers. [2] Don Campbell complained about the scheduling of a young adult novel in the Storytime segment, as he argued the novel featured sexual and other content that was unsuitable for younger listeners....

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....

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Hotel Babylon – sex scene broadcast one minute after the Adults Only watershed – broadcaster upheld complaint under three standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency), 7 (programme classification) and 9 (children’s interests) – broadcaster upheld complaint under three standards and counselled appraiser – action taken sufficient This headnote does not form part of the decision. Broadcast [1] An episode of Hotel Babylon, a BBC drama following the lives of workers at a five-star hotel, was broadcast on TV One at 8. 30pm on Wednesday 1 October 2008. The programme’s introductory sequence at 8. 31pm included a five-second scene showing a couple having sex. No breasts or genitals were shown, and, although the woman’s naked back could be seen as she straddled a man in bed, her buttocks were covered with a sheet....

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Babel – young female movie character shown exposing her genitals at approximately 9. 01pm – allegedly in breach of good taste and decency, children's interests and responsible programming standards FindingsStandard 1 (good taste and decency) – genital nudity brief and indistinct – relevant to storyline – contextual factors – not upheld Standard 9 (children's interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – movie correctly classified AO – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Babel was broadcast on TV One at 8. 30pm on Saturday 14 August 2010. The film followed four seemingly unrelated stories about people living in different parts of the world that eventually intertwined and led back to a powerful gun bought by a Moroccan goat herder....

Summary [This summary does not form part of the decision. ] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad. It included an interview with the head of ESNZ, and briefly showed a copy of the equestrian magazine Show Circuit on his desk. The Authority declined to uphold a complaint that the broadcast breached standards because it wrongly associated Show Circuit with ESNZ. The inclusion of the shot of the magazine was incidental to the story and did not suggest that Show Circuit supported ESNZ, as alleged. Not Upheld: Accuracy, Fairness, Responsible Programming   Introduction [1] A 3 News item covered a high-profile New Zealand equestrian’s reportedly controversial exclusion from Equestrian Sports New Zealand’s high performance squad....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Packed to the Rafters – woman briefly put her hand down the front of her boyfriend’s pants, who jumped and exclaimed “You’ve got chilli on your hands! ” – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – scene was fleeting and playful – intended to be humorous rather than sexual – contextual factors – not upheld Standard 8 (responsible programming) – content was not unsuitable for supervised child viewers – promo correctly rated PGR and screened during Coronation Street – not upheld Standard 9 (children’s interests) – promo did not contain AO material and would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

ComplaintRadio Sport – talkback discussion about New Zealand cricket team’s performance at the World Cup – caller suggested host was overly critical of the team – host’s response – abusive – unfair – sexist FindingsPrinciple 1 – subsumed Principle 5 – sports talkback is robust – no uphold Principle 7, Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] The New Zealand cricket team’s performance at the World Cup was discussed on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 15 March 2003 hosted by Doug Golightly. One woman caller suggested to the host that he was overly critical of the team. The host advised the caller to return to domestic duties....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained racial comments, coarse language and sexual connotations – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – content amounted to legitimate humour/satire referencing current affairs issues – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and screened at 9. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 7 Days, a comedy programme in which two teams of comedians reviewed the week’s news stories, was broadcast at 9. 30pm on TV3 on Friday 1 April 2011....

Summary [This summary does not form part of the decision. ]The host of talkback programme Canterbury Mornings expressed the view that parking wardens in Christchurch were ‘scum’ for ticketing people in the central city, after everything they had been through with the earthquakes. The Authority did not uphold the complaint that the host’s comments were unacceptable, irresponsible and denigrated parking wardens. The comments related to a legitimate issue and were well within the host’s right to free speech, especially given that talkback radio is recognised as a robust and opinionated environment. A caller also challenged the host, so listeners were given a countering perspective....

Summary A soccer game between Croatia and Yugoslavia ended in a riot, according to a news item on One Network News broadcast on TV One on 19 August 1999 between 6. 00–7. 00pm. The footage which accompanied the item showed baton-wielding police, players and spectators fighting on the soccer field. Gordon Sunde complained to Television New Zealand Ltd, the broadcaster, that the item had been fabricated and was totally misleading. The game, he said, had been played without incident. The video clip shown related to a game which had been played between the same two countries in 1991 and had no relationship to the one being reported. He sought an apology and correction. TVNZ responded to the complaint informally and advised that a correction would be prepared for broadcast. It explained that the footage had been used by mistake and apologised to Mr Sunde....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-040 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT H of Auckland Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-089 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAN GALLAGHER of Invercargill Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-086 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...