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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Media 7 – discussed the Authority’s decision relating to TV3 investigation Let Us Spray and whether the programme should still have been awarded “investigation of the year” at the Qantas Media Awards – allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration Findings Standard 4 (controversial issues – viewpoints) – programme discussed the Authority’s decision – not a controversial issue of public importance to which the standard applied – appropriate viewpoints were sought and presented – not upheld Standard 5 (accuracy) – most of the comments complained about were clearly opinion – other inaccuracies alleged were not material points of fact to which Standard 5 applied – not upheld Standard 2 (law and order) – broadcast did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – community of Paritutu not a person or organisation…...

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

Download a PDF of Decision No. 1993-083:Jones and Television New Zealand Ltd - 1993-083 PDF2. 47 MB...

Download a PDF of Decision No. 1991-011:Town and Television New Zealand Ltd - 1991-011 PDF499. 97 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – exchange between reporter and Finance Minister, Dr Michael Cullen, had been recorded prior to a scheduled interview – allegedly in breach of Dr Cullen’s privacy, unfair, and in breach of law and order and programme information standardsFindingsStandard 2 (law and order) – standard has no application on this occasion – not upheld Standard 3 (privacy) – no private facts – no interest in solitude and seclusion – not upheld Standard 6 (fairness) – not unfair to Dr Cullen – not upheld Standard 8 (programme information) – subsumed under Standard 6This headnote does not form part of the decision....

The Authority did not uphold a complaint about a promo for Taranaki Hard. The Authority found the item was within audience expectations for a promo shown during an unclassified news programme. It did not actively promote or glamorise illegal behaviour nor was it likely to cause widespread undue offence or cause harm to children watching. Not Upheld: Law and Order, Good Taste and Decency, Children’s Interests...

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sports Tonight – reporter interviewing supermarket staff and patrons – ate a lolly from one of the bulk bins – allegedly in breach of law and orderFindings Standard 2 (law and order) – light-hearted prank – viewers not encouraged to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Sports Tonight broadcast on TV3 at 11. 15pm on 11 March 2005 featured a reporter interviewing supermarket staff and patrons about sports trivia. During the segment, the reporter ate a lolly from one of the bulk bins. Complaint [2] Stephen Ross complained to CanWest TVWorks Limited, the broadcaster, that the actions of the reporter had amounted to theft under the Crimes Act 1961. By broadcasting the item to “the easily influenced public”, he contended, CanWest had endorsed the reporter’s actions....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – report on the sale of horse meat for human consumption that had been processed as pet food – included undercover investigation – reporter shown speaking with the owner of pet food factory allegedly supplying horse meat – reporter told to leave the property but continued to ask questions – allegedly in breach of law and order Findings Standard 2 (law and order) – reporter acted in a professional and appropriate manner – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision....

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Complaint under section 8(1C) of the Broadcasting Act 1989New Zealand’s Next Top Model – modelling competition – one judge was shown wearing military medals – allegedly in breach of law and order standard Findings Standard 2 (law and order) – wearing of the medals was passive and incidental to the programme – did not actively draw attention to them such that the programme could be said to promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of New Zealand's Next Top Model was broadcast on TV3 at 7. 30pm on 13 March 2009. Thirty-three young women had been chosen from auditions around New Zealand to compete in the semi-finals in Queenstown, to become "New Zealand’s Next Top Model"....

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Summary[This summary does not form part of the decision. ]A 1 News segment on 14 November 2017 discussed the effect of an expanding Chinese economy on global carbon dioxide (CO2) levels. In a pre-recorded item from the BBC, with reference to the release of CO2, a BBC Correspondent said that ‘the gas traps heat in the atmosphere’. The Authority did not uphold a complaint that the item was inaccurate or unbalanced. The Authority found that the broadcaster was entitled to rely on internationally reputable sources to support the BBC Correspondent’s statement on the issues addressed in the segment. The Authority also found that the broadcaster’s reliance on this leading scientific theory to the exclusion of others in the broadcast was unlikely to leave viewers significantly misinformed....

Complaint under section 8(1C) of the Broadcasting Act 1989The Morning Fix – host described his experience of receiving a speeding ticket – said that if he had slowed down, “I probably would have held up traffic and frustrated people” and, “I hope the $120 goes towards some good boot polish and moustache trimmer” – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 2 (law and order) – host relaying personal story – comments intended to be comedic – did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Fix, broadcast on More FM from 5....

Download a PDF of Decision No. 1991-045:Millen and Television New Zealand Ltd - 1991-045 PDF604. 13 KB...

Summary A short sequence in Havoc and Newsboy’s Sell-Out Tour showed the characters Mikey Havoc and Jeremy Wells (Newsboy) camping on Great Barrier Island. The item was broadcast on TV2 on 20 July 1999 at 10. 00pm. Robin Court complained to Television New Zealand Ltd, the broadcaster, that the programme showed and "advocated" camping and related activities on and around property owned by the Onekokoru Trust. He said that some of the activities breached or could breach by-laws, and that the "unauthorised use" of Trust property was offensive and deeply disturbing to members of the Trust. TVNZ responded that the land it showed was not identifiable as Trust property. Accordingly, it said that the programme did not advocate anything about the merits of Trust property as a camping place....

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...