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Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about an illegal advertising campaign for Goji Juice – product was being marketed to the Tongan community as being a cure for numerous diseases – allegedly unbalanced, inaccurate and unfairFindingsStandard 4 (balance) – controversial issue was the marketing of Goji Juice – broadcaster not required to seek comment from manufacturer or from people who endorsed the product – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – broadcaster did not exhaust every alternative legitimate way of obtaining Namoe Sau’s comment before arranging door-stepping interview (guideline 6b) – used deception to obtain her comment without making sufficient attempts to obtain the material by other means (guideline 6c) – broadcaster treated Ms Sau unfairly – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] An item on One News, broadcast on TV One at 6pm…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – programme focussed on forthcoming Civil Unions Bill – included a telephone poll asking viewers to respond to the question “Should gay relationships be legally recognised” – polls results found 24% in favour of gay relationships being recognised and 76% against – closing comments by host queried which polls politicians in support of the Bill were relying on – allegedly unbalanced and inaccurateFindings Standard 5 (accuracy) – poll not presented as scientific – results reflected only the views of those willing to call in – limitations of poll clear – host’s comments presented as opinion not fact – not upheld Standard 4 (balance) – standard not applicable – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – weather item – after autumnal equinox the sun moves into the northern hemisphere – allegedly inaccurateFindings Standard 5 (accuracy) – colloquial phrase used to convey everyday attitude rather than technical information – not upheld This headnote does not form part of the decision. Broadcast [1] The weather announcer advised viewers of One News that, after the autumnal equinox, the sun moved back into the northern hemisphere. The statement was broadcast on TV One shortly before 7. 00pm on 20 March 2004. Complaint [2] Harry Evison complained to Television New Zealand Ltd, the broadcaster, that the item was inaccurate. The biblical notion of the sun “moving”, he wrote, was disproved by Copernicus in the 16th century and the statement made New Zealand look foolish in the eyes of viewers from overseas....

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

ComplaintThe Sopranos – scene in which man attacks and kills pregnant woman – offensive – violence against woman and unborn baby – horrific – unjustifiable – gratuitous FindingsStandard G2 – unacceptable material – uphold Standard V1 – scene not essential or justifiable in context of programme – uphold Standard V2 – realistic violence used gratuitously for heightened impact – uphold Standard G8 – subsumed This headnote does not form part of the decision. Summary [1] An episode of The Sopranos was broadcast on TV2 at 9. 30pm on 6 September 2001. The Sopranos is a drama about an American-Italian mafia family living in the eastern United States. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a scene in which a pregnant woman is beaten and killed, which he considered breached standards relating to good taste and decency, violence and appropriate classification....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on recent memorial to Māori Battalion in Gisborne – noted Maori Battalion had highest casualty rate of any New Zealand unit in the war – allegedly inaccurateFindingsPrinciple 5 (accuracy) – ambiguity in words used – complainant and broadcaster took different meaning from words – unable to determine accuracy – declined to determine under s11(b) of Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News on 11 July 2004 noted the unveiling of a memorial to the Māori Battalion which fought in the Second World War. The item included the statement: By the time the Māori Battalion arrived home, they’d suffered the highest casualty rate of any unit in the war, 680 men killed....

Summary The lead story on One Network News on 14 February 1999 at 6. 00pm reported a fatality at Western Springs Speedway in Auckland. Footage of the accident showed a spectacular crash before the driver was flung out, crushed by his car and killed. That footage was repeated during the item. Mr Allison of Nelson complained to Television New Zealand Ltd, the broadcaster, that the footage was offensive, distasteful, and showed a callous disregard for those close to the victim and for all viewers. He objected to its graphic nature and the fact that it was shown without warning during early evening family viewing time. TVNZ responded that the item’s emphasis was on how the accident had occurred and why the driver’s safety harness had failed. The accidental death was, it contended, a matter of public concern and interest, particularly as it occurred at a public event....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-107 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintHolmes – Waitara shooting – interview with witness – anti-police – unbalanced – partial – prejudice to fair hearing FindingsStandard G6 – eyewitness account necessarily focused on one perspective – balance achieved over time – no uphold Standard G19 – no uphold This headnote does not form part of the decision. Summary A witness to the shooting of a young man by a policeman in Waitara was interviewed in an item on Holmes broadcast on 17 July 2000 between 7. 00–7. 30pm. The item recorded that there was some discrepancy between what the eyewitness had told the police immediately after the incident and his statement to a private investigator some days later. Martyn Stewart complained to Television New Zealand Ltd, the broadcaster, that the item was an "emotive display of pure sensationalism" which would have incited the public to be biased against the police....

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)(b)(i) of the Broadcasting Act 1989One News – item reported that Air New Zealand planned to be the first airline to use biofuels on commercial flights – allegedly inaccurate Findings Standard 5 (accuracy) – item was ambiguous whether using biofuels would decrease carbon dioxide emissions from planes – upholding the accuracy complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on TV One on 5 June 2008, reported on the announcement by Air New Zealand that it hoped to be the first airline to use biofuels on commercial flights. [2] It was reported that Air New Zealand planes pumped around three-and-a-half million tonnes of carbon dioxide into the atmosphere every year....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – presenter introduced item coming up after advertisement break – included footage from episode of Underbelly – showed a balaclava-clad man shooting at man sitting in a car – allegedly in breach of good taste and decency, fairness, programme information, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 10 violence) – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 6 (fairness) – standard not applicable – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – statement that the average household spends 20 percent more on electricity than it did 20 years ago – allegedly inaccurate Findings Standard 5 (accuracy) – reasonable viewers would have understood that the statement referred to 20 percent of household budget, not 20 percent more money – not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Tonight, broadcast on TV One at 10. 30pm on 31 May 2007, discussed the recent death of a woman whose power had been switched off by an electricity company. The reporter said the woman’s death had: …thrown the spotlight on the huge increases in power prices in the past 20 years. The average household now spends 20 percent more on electricity....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – scene purported to show Shrek the sheep being slaughtered – allegedly breached good taste and decencyFindings Standard 1 (good taste and decency) – item not overtly graphic – contextual factors – not upheld This headnote does not form part of the decision. Broadcasts [1] An episode of Eating Media Lunch broadcast on TV2 on 8 June 2004 at 9. 30pm included a scene purporting to show “Shrek” the sheep being slaughtered and then skinned. Shrek came to national prominence after he was captured on a high country farm in central Otago where he had been hiding out for six years. He was shorn on national television and had a fleece weighing 27. 5kgs....

The chair, Joanne Morris, declared a conflict of interest and declined to participate in the determination of this complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – investigated high teenage pregnancy and abortion rates in New Zealand – interviewed two girls who unexpectedly fell pregnant, one of whom chose to have an abortion – presenter conducted studio interview with an “expert in youth sexual health” – allegedly unbalanced FindingsStandard 4 (controversial issues) – item discussed why teenage pregnancy rate was so high in New Zealand, not the merits of abortion – viewers would have been aware of alternative viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7. 30pm on 28 October 2010, considered high teenage pregnancy and abortion rates in New Zealand. The presenter stated in the introduction, “The issue is not about the rights or wrongs of abortion....

ComplaintsPromos – Mercy Peak x 3 – The Swap x 1 – Bad Girls x 1 – offensive language – classification – violence – two aspects of one complaint upheld by TVNZ – excessive violence and wrongly classified – reasons for promos advanced by TVNZ as informing and attracting viewers by using interesting and intriguing sequences FindingsStandard 1 and Guideline 1a, Standard 7 and Guideline 7b, Standard 10 and Guideline 10c – five promos did not contain offensive language or offensive behaviour – no uphold; the four promos contained minimal violence and were not inappropriately classified – no uphold This headnote does not form part of the decision. Summary [1] Promos for Mercy Peak, The Swap and Bad Girls were broadcast by TVNZ at various times and on different days in April 2002....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989TVNZ News Now – item contained footage of teenage girl beating another and two girls fighting – item was not preceded by a warning – broadcaster upheld the complaint under responsible programming, children’s interests and violence standards – action taken allegedly insufficient FindingsStandard 8 (responsible programming), Standard 9 (children’s interests) and Standard 10 (violence) – item carried a high level of public interest and would have been acceptable for broadcast if preceded by a warning – TVNZ correct to uphold the complaint but action taken was sufficient in the circumstances – not upheld This headnote does not form part of the decision. Broadcast [1] During TVNZ News Now, broadcast on TVNZ 7 at 8am on Sunday 27 March 2011, the news reader introduced a story, saying: There’s serious concern from schools about the rise in physical violence among teenage girls....

ComplaintHolmes – host referred to the WestpacTrust Stadium as the "cake tin" – derogatory phrase – offensive FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The WestpacTrust Stadium in Wellington was referred to as the "cake tin" by the host (Susan Wood) in an item broadcast on Holmes at 7. 00pm on 7 February 2003. [2] John McLellan complained to Television New Zealand Ltd, the broadcaster, that the reference was "derogatory". [3] When the broadcaster failed to respond to his formal complaint, Mr McLellan referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. [4] In its response to the Authority, TVNZ argued that the matter did not raise an issue of broadcasting standards....