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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 51/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J P LOWE of Hawkes Bay Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-031 Dated the 10th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER JACKSON of Kaitaia Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld a complaint about an item which reported on the road toll over Labour Weekend and showed images of an accident where a woman was hit by a truck. The Authority found the privacy, fairness, accuracy and law and order standards were not breached. The complainant alleged the driver of the truck was identified and the broadcast gave the impression they were at fault for the accident. The Authority found the item did not identify the driver of the truck nor reveal private information about them. The item did not refer to the driver, nor give the impression the truck driver was not driving safely. The item reported on what police had said were potential causes of crashes, but it was clear this was not referring to the specific incidents which had taken place over the weekend. Not Upheld: Privacy, Fairness, Accuracy, Law and Order...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of law and order, privacy, balance and fairnessFindings Standard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to disorderly acts – not upheld Standard 3 (privacy) – signatures on a petition not private facts – not upheld Standard 4 (balance) – controversial issue – perspectives of both sides solicited in a balanced manner – not upheld Standard 6 (fairness) – subsumedThis headnote does not form part of the decision....

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item about file sharing software – showed images from a snuff movie three times during short item – woman seen begging not to be filmed with a gun held to her head – gunshot heard on one occasion but with no image – allegedly in breach of good taste and decency, law and order, privacy, fairness, children’s interests and violence standards – broadcaster upheld complaints under Standard 1, spoke to news staff and broadcast on-air apology – complainants dissatisfied with decision and action taken FindingsStandard 2 (law and order) – broadcaster did not encourage viewers to break the law or glamorise the criminal activity shown – not upheld Standard 3 (privacy) – irrespective of whether the snuff movie was real or fake, no breach of privacy – not upheld Standard 6 (fairness) – unable to determine whether woman treated fairly – decline…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – scenes including a human skull hitting a car windscreen, a human skeleton on a table and two characters kissing – dialogue about cannibalism – included on-screen graphics, one of which read “TV’s hottest crime scene” – allegedly in breach of good taste and decency, law and order and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – complaint related to programming content in general – decline to determine Standard 9 (children’s interests) – promo incorrectly rated G – images were fleeting and inexplicit – broadcast was during an unclassified news programme – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision....

Complaint Fair Go – item about infomercial – presenter took dispute with marketing firm to Fair Go – marketing firm complainant – item failed to maintain standards of law and order – unbalanced – unfair – inaccurate Findings Standard 2 – statement of claim – "gagging writ" – no uphold Standard 4 – balance of perspectives aired – no uphold Standard 5 – inaccuracy – complainant did not threaten to sue if item broadcast – uphold on this point – no other inaccuracies – no Order Standard 6 – Topline not dealt with unfairly – no uphold This headnote does not form part of the decision Summary [1] An item on Fair Go examined a dispute between a television presenter who was hired by Topline International to present an infomercial. The item was broadcast on Fair Go on TV One at 7. 30pm on 18 September 2002....

ComplaintOne News – item reported survey of teenagers’ attitudes – suggested amongst other things trend to drugs away from alcohol and disrespect for New Zealand Flag and Anthem – inaccurate – biased FindingsStandard G1 – not inaccurate – no uphold Standard G5 – no disrespect for principles of law – no uphold Standard G6 – not unfair or unbalanced – no uphold This headnote does not form part of the decision. Summary [1] The findings of a survey of teenagers were reported in an item on One News broadcast on TV One at 6. 00pm on 29 October 2001. Among the findings were changes in attitudes to drugs, the National Anthem and the New Zealand Flag. [2] Kenneth Lord complained to Television New Zealand Ltd, the broadcaster, that the findings were biased and amounted to propaganda....

Summary An advertisement for a light truck contained language which had been the subject of complaints to the Advertising Standards Complaints Board (ASCB). The Board’s decision on those complaints was reported in a news item on TV3’s 3 News on 23 March between 6. 00–7. 00pm. Extracts from the advertisement, including the offending language, was included in the item. Mr Shierlaw complained to TV3 Network Services Ltd that by screening the advertisement before 8. 30pm, as required by the ASCB, TV3 had failed to comply with standard G5 of the Television Code of Broadcasting Practice, which requires broadcasters to observe the principles of the law. As TV3 did not respond within the statutory 20 working day period, Mr Shierlaw referred his complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Summary A documentary about cigarette smoking in New Zealand called "Up in Smoke" was broadcast on Assignment on TV One, between 8. 30pm and 9. 30pm on 23 September 1999. The Tobacco Institute of New Zealand Limited ("Tobacco Institute") complained to Television New Zealand Ltd, the broadcaster, that the programme was inaccurate, unfair and unbalanced in numerous ways. The Tobacco Institute also complained that the programme portrayed tobacco company executives and Maori women in a way which was likely to encourage discrimination against them. TVNZ responded that the programme was not unbalanced or unfair to the tobacco industry. In its view, the programme surveyed a broad range of relevant views about smoking, and included a tobacco industry perspective. TVNZ also disagreed that it had breached broadcasting standards relating to discrimination. TVNZ declined to uphold any aspect of the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-042 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P M MACCALLUM of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Generic promo for One News – showed Ahmed Zaoui outside Mt Eden Prison – complainant alleged that promo glamorised anti-social behaviour – allegedly inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – no portrayal of anti-social behaviour – broadcast did not show criminal activity or encourage viewers to break the law – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast a generic promo for One News during several weeks of 2006. The promo included various well-known newsmakers using the phrase “It’s about me” including Ahmed Zaoui, an Algerian who had arrived in New Zealand in 2003 and sought refugee status....