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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-067 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK DONNELLY, on behalf of EDEN PARK NEIGHBOURS' ASSOCIATION of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Sunday – previewed item on disputed territory of East Jerusalem – presenter stated, “Sunday travels to Israel to bring you Jew against Arab from a truly unique perspective” – allegedly in breach of controversial issues, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – phrase was a fair summary of the situation featured in the programme – both sides were represented in the promo – did not reach threshold for encouraging discrimination or denigration – not upheld Standard 6 (fairness) – standard applies to individuals not groups – not upheld Standard 4 (controversial issues) – promo did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the current affairs programme Sunday was broadcast between 1....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday item about former foster parents who had pleaded guilty to smacking a foster child on the hand with a wooden spoon – had originally faced a number of other abuse charges – CYFS removed two children from their care and said they were no longer suitable foster parents – interviews with former foster parents and CYFS representative – allegedly unbalancedFindingsStandard 4 (balance) – programme did not question CYFS’ general policy of removing foster children who had been smacked by their foster parents – wider issue about acceptability of smacking was not the controversial issue discussed in the item – reconstructions of vandalism a matter of fairness, not balance – not upheldThis headnote does not form part of the decision. Broadcast [1] Sunday, broadcast on TV One at 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Ultimate force – British drama about elite SAS unit – showed mock interrogation of woman prisoner – woman at different times shown naked, hooded, and being hit – allegedly in breach of violence standardFindings Standard 10 (violence) – low-level violence – violence in context, not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] Ultimate force, a British drama centred around the elite British SAS Red Troop unit, was broadcast on TV One at 8:30pm on 18 January 2005. A central storyline of the episode concerned a soldier’s efforts to become the first female member of the SAS. The soldier was shown undergoing mock interrogation as part of her training and assessment; at different times she was shown being verbally abused, naked, and being hit....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – character used the words “Jesus” and “Christ” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] Facelift, a satirical programme which lampooned politicians and other high profile New Zealanders, screened on TV One at 10. 05pm on 19 September 2005. On this occasion, Facelift ridiculed television coverage of the election results two nights earlier. The character playing TV One’s political editor, Mark Sainsbury, used the words “Jesus” and “Christ”. Complaint [2] Brian Stratford complained to Television New Zealand Ltd, the broadcaster, that the character had used the words “Jesus” and “Christ” as exclamations. He considered that this was blasphemous and offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – headline used phrase “… National extends its middle finger…” – allegedly breached requirement for good taste and decencyFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The following headline was broadcast on Tonight, which screened on TV One at 10. 35pm on 10 March: The Government extends the hand of cooperation over race issues but National extends its middle finger in response. The headline referred to a refusal by National Party leader Dr Brash to the Government’s invitation to take part in a proposed inquiry into race issues. Complaint [2] Mrs Harrison complained that the headline breached standards of good taste and decency....

ComplaintDrama Priest – depiction of homosexual sexual activity – incest – blasphemy – offensive behaviour – offensive language FindingsStandard G2 – programme started at 9. 10pm – warnings – no explicit sexual behaviour – no breach This headnote does not form part of the decision. Summary A British drama entitled Priest was broadcast on TV One at 9. 10pm on 11 November 2000. It highlighted the inner conflict experienced by a priest as he tried to reconcile the contradictory demands of his faith and his homosexuality. Ken Francis complained to Television New Zealand Ltd, the broadcaster, that scenes which depicted homosexual sexual activity were offensive and breached broadcasting standards. The film also contained incest and blasphemy themes, he noted, which he also found offensive....

ComplaintOne News: Waitangi Day Special – New Zealand flag used to cover tables where participants sat – disrespectful – intention to dishonour flag FindingsStandard G2 – acceptable visual centrepiece – no uphold Standard G5 – no disrespect for the principles of law – no uphold This headnote does not form part of the decision. Summary Maori-Pakeha relationships, the Treaty of Waitangi, and issues of nationhood were debated during a One News: Waitangi Day Special broadcast on TV One at 9. 45pm on 6 February 2001. The participants sat at tables which were covered with the New Zealand flag. Thomas Morgan complained to Television New Zealand Ltd, the broadcaster, that the use of the New Zealand flag as a table cloth was offensive and dishonourable. Arguing that the use of the flag was symbolic and that there was no intention to dishonour it, TVNZ declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989IRB Sevens World Series – presenter used the term “MILFs” – allegedly in breach of broadcasting standards FindingsStandard 1 (good taste and decency) – “MILFs” used in a light-hearted and jovial manner – not explained or elaborated on – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During the IRB Sevens World Series, broadcast on TV One at 7. 30pm on Saturday 5 February 2011, the presenter stated: I can tell you in your absence it’s going off. The party is absolutely awesome. It’s all in good fun, good clean fun as well. I did pop out there, I got snogged by a couple of MILFs and I was also issued a fine by some police officers wearing only Speedos, let’s not go into that....

Download a PDF of Decision No. 1993-029:Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029 PDF815. 18 KB...

Download a PDF of Decision No. 1993-050:Christian Heritage Party and Television New Zealand Ltd - 1993-050 PDF297. 88 KB...

Download a PDF of Decision No. 1993-140:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-140 PDF428. 68 KB...

Download a PDF of Decision No. 1991-059:One New Zealand Foundation and Television New Zealand Ltd - 1991-059 PDF267. 25 KB...

A 1 News item reported on studies showing an increase in emperor penguin numbers in the Antarctic, followed by ‘a word of caution’ about the danger posed to the penguin population by climate change. The Authority did not uphold a complaint that the second part of the piece, which included a forecast that the global population of emperor penguins could decrease by half by the end of this century, was based on ‘unproven science’. Considering, in particular, the subject matter, language and manner of presentation, the Authority found viewers were likely to interpret the comments and predictions as analysis or opinion to which the accuracy standard does not apply. Given the wide social acceptance of the existence and predicted impacts of climate change, the Authority did not consider the item discussed a ‘controversial issue’. Therefore the balance standard and the requirement to present alternative viewpoints did not apply....

Complaint An Audience with the King – offensive language – broadcaster failed to consider children’s viewing interests FindingsStandard 1 – majority – contextual matters – no uphold Standard 9 – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] An Audience with the King recorded the performance of stand-up comedian Mike King before a live audience. The programme was broadcast on TV2 at 9. 30pm on Friday 11 October 2002. [2] Graham Fox complained to Television New Zealand Ltd, the broadcaster, that the programme was offensive, and that it was irresponsible to have broadcast such material at a time when children were likely to be watching television. [3] In response, TVNZ said that the programme in context did not breach current norms of good taste and decency, and that it had considered the viewing interests of children....