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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/94 Decision No: 37/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J S of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item discussed “new questions on a car deal related to John Key’s National Party getting money from a top BMW dealership” – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – item did not state as fact or imply that there was a link between the car contract and the donation – item fairly presented views of the Prime Minister and the dealership involved – high level of public interest in reporting allegations made in Parliament – not inaccurate or misleading – 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 11 May 2011, was introduced by teasers which stated, “new questions on a car deal related to John Key’s National Party getting money from a top BMW dealership”....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hooked in New Zealand – host and other competitors in a fishing competition shown drinking beer and shots of sambuca – allegedly in breach of law and order and liquor standards FindingsStandard 11 (liquor) – programme contained liquor promotion but it was not socially irresponsible – not upheld Standard 2 (law and order) – programme did not glamorise, promote or condone illegal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Hooked in New Zealand, a locally made fishing programme, was broadcast on TV One at 1. 30pm on Sunday 13 February 2011. In this episode, the host and his friend entered the “Cleanco Classic” 24-hour fishing competition on Great Barrier Island. As the contestants gathered for the fishing competition, a number of the other fishermen were shown holding bottles of beer....
Summary [This summary does not form part of the decision. ] Seven Sharp reported on the Russian government banning adoptions of its orphans by New Zealand couples, because of New Zealand’s marriage equality legislation. The reporter referred to Vladimir Putin as ‘homophobic’. The Authority did not uphold the complaint that this was inaccurate and misleading. The comment was clearly analysis and commentary by the reporter, rather than a material point of fact, so it was not subject to standards of accuracy. Not Upheld: Accuracy Introduction [1] A Seven Sharp item reported that the Russian government had banned adoptions of Russian children by New Zealand couples, because of New Zealand’s same-sex marriage legislation. The reporter referred to ‘old homophobic Vladimir Putin’. The item was broadcast on TV ONE on 3 July 2014. [2] Terry Wallbank complained that the reporter’s reference to Mr Putin as homophobic was inaccurate, biased and misleading....
Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....
SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Wolf Creek – horror film contained drugging, sexual violence, torture and murder – allegedly in breach of good taste and decency, children’s interests and violence standards Findings Standard 10 (violence) – extremely disturbing violence – inadequate classification and warning – upheld Standard 9 (children’s interests) – outside children’s normally accepted viewing times – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] Wolf Creek, an Australian horror film, was broadcast on TV2 at 8. 30pm on Tuesday 11 March 2007. In the film, two women, Lizzy and Kristy, and their friend, Ben, travelled together to visit the meteorite crater at Wolf Creek National Park. When they returned from the crater, they discovered their car would not go....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Nailed, Sorted, Exposed – item on a man named Paul Cleave and his attempts to get his camera repaired – item explained that Mr Cleave had received a loan camera from the retailer – Mr Cleave was shown stating that he was not going to return the loan camera – the presenter made a number of comments about him taking the loan camera – allegedly in breach of privacy, accuracy, balance and fairness standards Findings Standard 5 (accuracy) – the Authority received conflicting evidence on two statements complained about and declined to determine them – the other three statements complained about were accurate – not upheld Standard 6 (fairness) – item was a fair representation of Mr Cleave’s conduct – item’s change in focus was prompted by Mr Cleave’s own behaviour – not upheld Standard 3 (privacy) – Mr Cleave signed a consent form allowing…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Coronation Street – episode in which the character “Katy” attempted suicide – allegedly put children at risk FindingsStandard 9 (children’s interests) – appropriately considered by broadcaster through programme classification, time of broadcast, warning, and restrained nature of portrayal – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Coronation Street, which included the depiction of a suicide attempt by the diabetic character “Katy”, was broadcast on TV One at 7. 30pm on 16 February 2006. Coronation Street is a fictional drama series set in Northern England and, earlier in the storyline, “Katy” had murdered her father. The sequences which featured “Katy” in the episode complained about were interspersed with sequences which dealt with a range of other storylines, and showed her consuming large amounts of sugar, and destroying her diabetes medication....
Summary A news item broadcast on One Network News on 14 April 1998 between 6. 00-7. 00pm referred to some of the recommendations in the government’s review on firearms. It was reported that members of the anti-gun lobby were dissatisfied with the government’s lack of progress in implementing the recommendations. Paul Sheehan of Christchurch complained to Television New Zealand Ltd, the broadcaster, that the report on the recommendation to buy back semi-automatic weapons was inaccurate and misleading. In addition he complained about what he called the "incorrect implication" that gun laws had not been tightened, and the failure to balance the discussion by including a person from the pro-gun lobby. TVNZ advised that it upheld the aspect of the complaint regarding the recommendation to buy back semi-automatic weapons....
Summary A scene towards the end of the programme Water Rats broadcast on TV2 at 8. 30 pm on 23 July 1998 depicted a man seizing a policewoman and threatening her with a knife. Mr Parry complained to Television New Zealand Ltd, the broadcaster, that the brandishing of knives in a threatening manner, especially where women were shown as victims, was unacceptable on television. Knives, he wrote, should never be shown used as weapons on television because that led to copycat crimes. TVNZ responded that the showing of knives could not be absolutely banned. What was important, it suggested, was how knives and other weapons were shown and in what context. Here, it wrote, the scene was essential to the drama. It declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mr Parry referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....
Summary An ACT Party political advertisement broadcast around 7. 00pm on TV One on 18 November included a promise to voters that a vote for the party would ensure a "Fair, full and final treaty settlement". Mr Powell complained to Television New Zealand Ltd, the broadcaster, that the advertisement, which he said was broadcast at 6. 54pm made a claim which was incorrect, inaccurate, and designed to confuse the voting public deliberately. He maintained that ACT did not have the power to make any such promise as treaty issues were matters between the British monarch and what he called the Maori principal. TVNZ advised that its response to the complaint was limited to whether or not the advertisement accurately reflected ACT’s policy. That Mr Powell and others disagreed with that policy was not, TVNZ continued, sufficient cause for a formal complaint....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter allegedly made the comment “a line of fools” – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) and Standard 3 (privacy) – material complained about not in broadcasts identified by complainant – decline to determine under section 11(b) of the Broadcasting Act 1989 No Order This headnote does not form part of the decision. Broadcast [1] Episodes of One News were broadcast on TV One at 6pm on 19 and 20 October 2010. Complaint [2] P David J Cooke complained to Television New Zealand Ltd, the broadcaster, alleging that, during a news item, reporter Miriama Kamo had referred to a group of people as “a line of fools”....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q+A – panel discussion about immigration policy in New Zealand – one panellist stated that meeting immigration criteria was not an easy process and included a test for syphilis – host responded “How did the test turn out? I’m sorry! ” – allegedly in breach of good taste and decency, privacy and children’s interests FindingsStandard 1 (good taste and decency) – question was light-hearted and intended to be humorous – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 9 (children’s interests) – unaccompanied children unlikely to watch news programmes – host’s question would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision....
ComplaintSunday – item about a dog attack on complainant’s daughter – interviewed two men who were the dog’s owners and who had pleaded guilty – questions raised about aspects of police case – unfair – unbalanced – inaccurate – dog owners' actions condoned FindingsStandard 2 and Guideline 2b – dog owners’ actions not condoned – no uphold Standard 4 and Guideline 4b – reasonable opportunities given to complainant to participate – no uphold Standard 5 and Guidelines 5d and 5e – two factual inaccuracies – park given incorrect name – upheld by TVNZ – colour of dog shown on police flyer not acknowledged as possibly incorrect – uphold – no other inaccuracies Standard 6 and Guidelines 6b, 6c and 6e – complainant advised TVNZ forcefully that he did not want to participate – late information included in item which created ambivalence but not put to complainant – not unfair in view of complainant’s stance…...
ComplaintLoud overreaching advertisements in religious programmes broadcast on Christmas Eve – breach of good taste Findings in Decision No: 2001-023 Standard G2 – presence and type of advertising not an issue of broadcasting standards – decline to determine Appeal against No: 2001-023 Upheld – complaint remitted to Authority to rehearFindings on Reconsideration Conjunction between programming and advertising did not breach standards of good taste – no uphold This headnote does not form part of the decision. Summary [1] The programmes screened on TV One between 10:15pm and midnight on Christmas Eve 2000 included carols, Christmas music and Bible readings. [2] John Watson complained to Television New Zealand Ltd, the broadcaster, that it was offensive for the commercial breaks during these programmes to feature Boxing Day bargains and an exhortation to end prostitution....
Complaints under s....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about person who agreed to sell a rural home before the Manawatu floods – reported that after the floods the home was condemned and vendor and purchaser cancelled the contract – complainant trading as RE/MAX Associates continued to claim agency fee – item questioned morality of real estate company’s claim and reported that the fee was later remitted – allegedly unbalanced, unfair and inaccurateFindings Standard 6 (fairness) – unfair to complainant not to obtain his response – upheld Standard 4 (balance) – issue essentially one of fairness – balance subsumed under fairness – not upheld Standard 5 (accuracy) – no inaccuracies – in the interest of fairness, disputed issues would have clarified if been put to complainant for comment – essence of complaint dealt with under fairness – not upheldOrder Broadcast of statementThis headnote does not form part of the decision.…...
ComplaintFair Go – item about pamphlet distributed by complainant – a legal firm – offering assistance to victims of sexual abuse in dealing with ACC – failed to maintain standards of law and order – unbalanced and complainant’s response presented inadequately – unfair as the victim’s (Sally) waiver whose story told was incomplete – inaccurate – hearing sought in view of numerous complex legal and factual issues – application declined – disclosure of field tape of interview with "Sally" and assorted correspondence sought Decision on disclosure applicationDeclined This headnote does not form part of the decision. INTERLOCUTORY DECISION Background [1] A pamphlet offering assistance to victims of sexual abuse in securing compensation from ACC was distributed by the complainant – a legal firm....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Two items broadcast on One News in respect of the Israeli-Palestinian conflict – no mention of occupation by Israel – West Bank described as “disputed” – allegedly unbalanced and inaccurateFindingsAuthority has no jurisdiction to accept referralThis headnote does not form part of the decision. Broadcast [1] One News broadcast two items at 6pm on Monday 23 May 2005. The first item covered United States’ First Lady Laura Bush’s visit to Jerusalem, where the report noted she visited “Jericho, on the disputed West Bank”. [2] The second item covered a visit by President Sharon of Israel to the United States, where he encountered opposition from Jewish groups to the planned withdrawal from Gaza by Israel. Correspondence [3] Serena Moran, on behalf of the Wellington Palestine Group, complained to Television New Zealand Ltd, the broadcaster, in respect of both items....