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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-115 Decision No: 1996-116 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE CONWAY of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Big Bang Theory – scene showed a male and female character drinking alcohol and then in bed together – allegedly in breach of law and order, responsible programming, children’s interests, violence and liquor FindingsStandard 9 (children’s interests) – liquor consumption was borderline in a PGR programme but scene involved fictional adult characters in a comedic context – acceptable for children with parental guidance – not upheld Standard 11 (liquor) – programme did not advocate liquor consumption – no liquor promotion – showing liquor was incidental to the programme – not upheld Standard 2 (law and order) – programme did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme did not contain subliminal perception – not upheld Standard 10 (violence) – programme did not contain any violence – not upheld This headnote does not form part of the decision.…...

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Grassroots Business – included report from Telecom representative which promoted a Telecom product or service – failed to distinguish between programme and advertising material – Standard 8 and Guideline 8a – TVNZ upheld complaint – TVNZ advised clarity required in any future series – complainant dissatisfied with action taken and referred action taken to Authority – a second complaint that other sponsors’ products and services also not clearly distinguished – not upheld by TVNZ – also referred to AuthorityFindings i) Standard 8 – broadcaster retained editorial responsibility – not upheld ii) Action taken – sufficient in the circumstances – complaint is a reminder to all broadcasters of obligations under Standard 8 – not upheldThis headnote does not form part of the decision. Broadcast [1] Grassroots Business was shown on TV One on Saturday mornings at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on aftershocks in Christchurch – was introduced with the statement “it’s just what Christchurch does not want to hear, warnings that a big one, seven on the Richter scale, is probably coming” – included extract of interview with geologist – allegedly in breach of standards relating to accuracy, responsible programming and good taste and decency FindingsStandard 5 (accuracy) – introductory statement inaccurately summarised geologist’s opinion – overstated the prediction of a magnitude seven earthquake by suggesting a high likelihood of occurrence – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 8 (responsible programming) – introductory statement was unnecessarily alarmist – likely to have caused undue distress for Christchurch residents – upheld No Order This headnote does not form part of the decision....

Download a PDF of Decision No. 1992-036:Group Opposed to Advertising of Liquor and Canterbury Television Ltd - 1992-036 PDF264. 86 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Night at the Classic – AO comedy programme broadcast at 10pm and preceded by warning, contained swearing and sexual references – allegedly in breach of standards relating to good taste and decency and responsible programmingFindingsStandard 1 (good taste and decency) – swearing and sexual material were permissible in the context of an AO comedy programme screened at 10pm and preceded by a specific warning – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision. Introduction [1] A Night at the Classic, a late-night comedy series featuring New Zealand comedians, contained swearing and sexual references. The programme was classified Adults Only (AO) and was broadcast at 10pm on 3 January 2013 on TV One....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Gathering Storm – use of obscene language in a PGR classified film – allegedly in breach of good taste and decency and programme classificationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning not necessary – not upheldThis headnote does not form part of the decision. Broadcast [1] The Gathering Storm screened on TV One at 9. 15pm on 7 January 2006. It was a dramatised documentary about the life of Winston Churchill during the period between the two world wars. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that despite the programme being rated PGR, it contained objectionable language, and no warning had been given....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A, Breakfast, Close Up and One News – items discussed proposed mandatory fortification of bread with folic acid and whether there were health risks involved – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – programmes discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view across programmes within the period of current interest – not upheld Standard 5 (accuracy) – statements of fact were qualified – concerns adequately dealt with under Standard 4 – not upheld Standard 6 (fairness) – complainant did not nominate a person in original complaint who was treated unfairly – Minister was treated fairly – not upheld Standard 8 (responsible programming) – programmes presented range of views on a topical issue – would not have alarmed viewers – not upheld This…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

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(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – resident dog trainer worked to retrain the dogs to be better behaved – dog training methods allegedly outdated and harmful – allegedly in breach of controversial issues, accuracy, responsible programming and violence standards FindingsStandards 4 (controversial issues) – programmes did not discuss a controversial issue of public importance but focused on individual cases – not upheld Standard 5 (accuracy) – programmes did not contain any material inaccuracies – commentary would have been interpreted by viewers as such – not upheld Standard 8 (responsible programming) – programmes appropriately classified PGR – episodes contained clear disclaimer – not upheld Standard 10 (violence) – display of dog training methods was not “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....