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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 25/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTRY OF AGRICULTURE AND FISHERIES Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item looked at the different road options for Wellington including upgrading State Highway 1 or creating a road through Transmission Gully – stated American army had offered to create the Gully road in 1940s – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – decline to determine under section 11(b) Broadcasting Act 1989 whether Americans made an offer to construct a road through Transmission Gully – item impartial – not upheld Standard 4 (balance) – item was an update on current situation – did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation treated unfairly – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Complaint under section 8(1A) of the Broadcasting Act 1989One News – item reported on an Auckland homicide – showed victim’s wife and three teenage children being driven away in police car – allegedly in breach of privacy Findings Standard 3 (privacy) – footage of police car was taken in a public place – victim’s family likely vulnerable but disclosure of footage not highly offensive – not upheld This headnote does not form part of the decision. Broadcast [1] On One News, broadcast on TV One at 6pm on 26 September 2008, it was reported that a man had been stabbed and killed in Auckland. In the following item, One News reported from the suburb in which the man lived and interviewed one of his work colleagues, a man who witnessed the incident, and a member of the Auckland Police....

ComplaintStrippers – sensationalist – voyeuristic – offensive – unsuitable for children and young teenagers FindingsStandard 1, Guideline 1a – context – no uphold Standard 9, Guideline 9a – not children’s normal viewing time – no uphold This headnote does not form part of the decision. Summary [1] Strippers is a British documentary series which followed a small group of women for three months and examined female striptease. One episode was broadcast at 9. 30pm on TV2 on 10 September 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the programme contained many strip scenes and breached the standard relating to the observance of good taste and decency. The warning which preceded the broadcast, he said, would not stop children and young teenagers watching the programme....

BROADCASTING STANDARDS AUTHORITY Decision No: 1997-032 Dated the 10th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J R BOWEN of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-087 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-131 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HON PETER DUNNE Leader of United New Zealand Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintWhat Now? PM – decriminalisation of cannabis – information intended for children – pictures of a joint being rolled – unsuitable for childrenFindingsStandard G12 – visuals not consistent with voiceover commentary – unsuitable for children – uphold No Order This headnote does not form part of the decision. Summary The decriminalisation of cannabis was the subject of an item on What Now? PM broadcast on TV2 on 13 July 2000 at about 5. 00pm. Footage accompanying the item showed a cannabis joint being rolled, and two people sharing a joint. Sharon Wilton complained to Television New Zealand Ltd, the broadcaster, that the visual content was unsuitable for inclusion in a programme intended for children. TVNZ explained that the purpose of the item was to inform children of the legislative moves to decriminalise cannabis and the position of MP Nandor Tanczos....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on the experience and fears of one woman dealing with her mentally-ill ex-husband – woman described her ex-husband as dangerous – dealt with failures of the mental health system – allegedly in breach of accuracy and discrimination and denigration standards FindingsStandard 5 (accuracy) – woman gave her opinions about her husband, did not make statements of fact about people with bipolar disorder in general – viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – did not encourage discrimination against, or denigration of, people with bipolar disorder or mental illness – not upheld This headnote does not form part of the decision....

Complaint under section 8(1A) of the Broadcasting Act 1989Police Ten 7 – programme about work of New Zealand police – filmed execution of search warrant at complainant’s property – programme included footage of street, driveway and house, the complainant and other occupants – stated complainant was subsequently convicted for possession of cannabis and fined – allegedly in breach of privacy FindingsStandard 3 (privacy) and privacy principle 3 – MA had an interest in seclusion – broadcast of footage was an offensive intrusion in the nature of prying – MA did not provide consent – public interest did not outweigh breach of privacy – upheld OrderSection 13(1)(d) – payment to the complainant for breach of privacy $1,500 Section 16(4) – payment of costs to the Crown $1,000 This headnote does not form part of the decision....

ComplaintMessiah 2: Vengeance is Mine – promo – programme to be broadcast at 8. 30pm – promo screened during Holmes before 7. 30pm – graphic – inappropriate time slot FindingsStandard 7 – classification appropriate – no uphold Standard 10 – appropriate discretion exercised regarding violence – no uphold This headnote does not form part of the decision. Summary [1] A promo for Messiah 2: Vengeance is Mine was broadcast on TV One at 7. 20pm on Friday 11 July 2003 during Holmes. The programme Messiah 2, rated AO, was to be screened at 8. 30pm on Sunday 13 July. [2] Annette Ward complained to Television New Zealand Ltd, the broadcaster, that the graphic and disturbing promo had been broadcast at an inappropriate time. [3] In response, TVNZ said that the promo contained no explicit violence and did not include the scenes which had justified the film’s AO rating....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item reported ongoing dissension at the Berakah Retreat among some members as to action which had been taken about a former member who had abused children – former member had been dismissed from Retreat and parents did not press charges – complainant responsible for oversight of Retreat – allegedly unbalanced, inaccurate and unfairFindingsStandard 6 (fairness) – suggestion that Trust acted largely to protect its own reputation – use of Ku Klux Klan imagery – use of secret recording of meeting and imagery used – accumulation of matters – majority decision that it was unfair – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – omission of full reasons for dismissal of dissident members not misleading given item’s focus – other omissions dealt with as fairness issues – not upheldNo…...

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News and TVNZ News at Eight – news items before documentary The Investigator: The Case Against Robin Bain screened – documentary maker Bryan Bruce gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – news items stated that Mr Bruce had drawn conclusions about Robin’s alleged motive through examining the testimony of a surprise witness – did not state what his conclusions were – allegedly in breach of accuracy standardOne News Tonight and TVNZ News Now – late-night news items after the documentary screened revealed Mr Bruce’s conclusions about the surprise witness – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – promotion of the documentary and embargo on the details of Mr Bruce’s findings did not result in any of the news items being inaccurate or misleading – not…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Goober Brothers – part of Studio 2 – inventors of “Ja-Handal” – man performing handstands – dog urinated on man’s face – allegedly offensive and not in children’s interestsFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – type of humour depicted appeals to children – not upheldThis headnote does not form part of the decision. Broadcast [1] The Goober Brothers was shown as part of the children’s programme Studio 2. It was a New Zealand-made series of two-minute items featuring mad scientists who come up with weird inventions. The “Ja-Handal”, a jandal for hands, was the invention shown on the episode broadcast on TV2 at 3. 20pm on 16 April 2004....

SummaryA political advertisement for the ACT party broadcast on 23 November 1999 at 6. 51am referred to its policy to resolve all Treaty claims. Both ACT’s and National’s policies for resolving Treaty matters were referred to at various times during the election campaign. William Powell complained to Television New Zealand Ltd, the broadcaster, that it was responsible for disseminating incorrect and unconstitutional information which would have misled and confused the public. He emphasised that Treaty matters were not for political parties to decide, and pointed to historical evidence which he said supported his view. He noted that the point was now before the Court of Appeal for adjudication. TVNZ noted that the substance of the complaint was very similar to another lodged by the same complainant, and that it had not been upheld when it was referred to the Broadcasting Standards Authority for review....