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Download a PDF of Decision No. 1993-112:Lawyers Against Torture and Oppression Anywhere Inc and Television New Zealand Ltd - 1993-112 PDF485. 83 KB...

ComplaintAssignment – documentary about child abuse – archival footage of Heperi family used – permission not sought – unfair – breach of privacy FindingsStandard G4 – disturbing and upsetting, but not unfair – no suggestion of link to child abuse – use of footage ethically questionable – broadcasters to take special care – no uphold Privacy – deceased person not an "individual" within meaning of the Act – other family members do not meet identification threshold – no uphold This headnote does not form part of the decision. Summary A documentary on TV One’s Assignment programme, broadcast on 2 November 2000 at 8. 30pm, endeavoured to identify the root causes of child abuse and violence in the Maori community....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-088 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE REV CANON GERALD HADLOW of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about a convicted murderer refusing a heart transplant – included footage of interviews from Sunday and mentioned that the full Sunday item would be broadcast later that evening – allegedly in breach of responsible programming FindingsStandard 8 (responsible programming) – item was a legitimate news story in its own right – guideline 8d does not apply to promos – viewers not deceived or disadvantaged – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 6 December 2009, reported on a convicted murderer who was refusing a heart transplant. The presenter introduced the item by saying: He’s served his time, 14 years for a murder that shocked the country back in 1990....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – headline summary on the respective National Party and Labour Party plans to provide financial assistance to New Zealanders who lost their jobs as a result of the economic crisis – allegedly unbalanced and inaccurate Findings Standard 5 (accuracy) – statement that Labour’s policy applied to anybody who lost their job was inaccurate – headline summary would have misled viewers – upheld Standard 4 (balance) – subsumed into consideration of accuracy No Order This headnote does not form part of the decision. Broadcast [1] During a round-up of the day’s top stories on One News, broadcast on TV One at 6....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Summary The short film Stella Street was broadcast on TV2 at 10. 25pm on 26 July 1999. Stella Street is a short comedy programme featuring two impersonators who lampoon the performance style of the well-known characters that they portray. Mr Rae complained to Television New Zealand Ltd, the broadcaster, that the programme contained highly offensive language and behaviour. TVNZ did not consider that it had breached any broadcasting standard. It noted the language was used in the context of a short film broadcast at 10. 25pm, carrying an AO certificate, and preceded by a warning. It did not consider the language would have exceeded the expectations of most viewers watching at that time of night. It also observed that the language was used for comedic effect. Dissatisfied with TVNZ’s decision, Mr Rae referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintAlly McBeal – drama – male applicants for law practice required to take off shirts – discrimination against men – sexual harassment in the workplace – inconsistent with maintenance of law and order Findings(1) Standard G13 – no discrimination or denigration – legitimate dramatic work – no uphold (2) Section 4(1)(b) – no uphold This headnote does not form part of the decision. Summary An episode of Ally McBeal was broadcast on TV2 on 5 July 2000 at 8. 30pm. A sequence in the programme featured two women interviewing male applicants for a position in a legal practice. The applicants were asked to remove their shirts during the interview process. S Smith complained to Television New Zealand Ltd, the broadcaster, that the sequence represented "illegal" sexual harassment of the men involved, and encouraged discrimination against men....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-013 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – reported allegations that during his time as a teacher, Cabinet Minister David Benson-Pope was “sleazy” and made female students stand outside in their nighties as punishment at a school camp – included comments from Mr Benson-Pope – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue of public importance whether Mr Benson-Pope had acted inappropriately towards female students during his time as a teacher – significant perspectives were aired during period of current interest – not upheld Standard 5 (accuracy) – no inaccuracies or misleading impressions – not upheld Standard 6 (fairness) – door-stepping interview not unfair – reporter entitled to approach Cabinet Minister – overall Mr Benson-Pope treated fairly – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Summary In a review of events surrounding the Erebus crash, it was reported that the then CEO of Air New Zealand had told a senior pilot "I’ll cut your f-ing balls off". The remark was quoted in a 60 Minutes item broadcast on 28 November 1999 at 7. 30pm, the 20th anniversary of the crash of the Air New Zealand plane in the Antarctic. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that such language was offensive, unacceptable and entirely unnecessary, particularly in a programme which dealt with a subject still painful for the friends and relatives of those killed. TVNZ emphasised the context in which the remark was made and suggested the comment reflected the bitterness and unresolved questions arising from the disaster. In its view, the phrase spoke volumes about the emotions aroused by the debate....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rude Tube – series featured viral video clips from the internet – “Animal Madness” episode included a clip of a man taking “an unscheduled toilet break” in a paddock, and being chased by a donkey apparently attempting to mate with him – allegedly in breach of good taste and decency, law and order, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – most viewers would not have been offended – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 10 (violence) – footage did not amount to “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about improving the safety of the site of the 1986 Chernobyl nuclear disaster – reported thousands had died during and after the event – allegedly inaccurateFindingsStandard 5 (accuracy) – although a human and environmental catastrophe, UN and WHO sources suggest deaths of less than 100 – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Fresh concerns about improving the safety of the 1986 Chernobyl nuclear disaster site in the Ukraine were covered in an item on One News broadcast on TV One at 6. 00pm on 13 May 2005. It was reported that “thousands of people died during and after the disaster”. Complaint [2] Allan Dewar complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about school system in post-Saddam Iraq – referred to increasing fundamental religious education in private schools – allegedly unbalanced and reinforced prejudices about sinister religious activitiesFindings Standard 4 (balance) – fundamentalism used in contrast to secular education – not upheld Standard 5 (accuracy) – no apparent inaccuracies – not upheld Standard 6 (fairness) – no apparent unfairness – not upheld This headnote does not form part of the decision. Broadcast [1] Schooling in post-Saddam Iraq was featured in an item broadcast on One News beginning at 6. 00pm on TV One on 29 September 2004. Pointing out that education under Saddam had been largely secular, the item reported that education in Iraq was becoming increasingly religious, especially in private schools....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Keep Calm and Carry On – reality series about host’s experience of new motherhood contained brief mention of ‘The Unfortunate Experiment’ – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues) – programme focused on Jaquie Brown and her experience of new motherhood – reference to ‘The Unfortunate Experiment’ was brief and peripheral to the focus of the programme – programme did not contain a “discussion” of that issue so was not required to present alternative viewpoints – not upheld Standard 5 (accuracy) – statements summarised the findings of the Cartwright Inquiry into ‘The Unfortunate Experiment’ and were not material to the focus of the programme – not upheld Standard 6 (fairness) – complainant did not specify who she considered had been treated unfairly – no person or organisation taking part or referred to in the programme…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – item reported on Labour MP Shane Jones throwing a “Lazarus party” to mark his return to the front bench – presenter commented, “Leaving aside anything about resurrections and dodgy movies in hotels, Shane Jones is actually known for referring to himself in the third person” – presenter’s comment allegedly in breach of good taste and decency, and discrimination and denigration standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration) – presenter did not make any reference to Christ and nothing in the broadcast would have offended or distressed viewers, or encouraged discrimination or denigration against Christians as a section of the community – not upheld This headnote does not form part of the decision....

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

ComplaintTonight – item on papal visit to Jerusalem – reference to Israel – inaccurate FindingsStandard G14 – reference ambiguous – implicitly included area beyond Jerusalem – no uphold This headnote does not form part of the decision. Summary A news reporter presenting a report on the papal visit to Jerusalem described himself as being in Israel when the scene depicted showed he was in East Jerusalem. The item was broadcast on Tonight on TV One at 10. 30pm on 23 March 2000. On behalf of the Wellington Palestine Group, Ms Zarifeh complained to Television New Zealand Ltd, the broadcaster, that the description was inaccurate, as she maintained that East Jerusalem was not in Israel. In its response, TVNZ said the reference to Israel in the item was not inaccurate, although it conceded that the reporter’s description did not conform to its house style. It declined to uphold the complaint....