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Summary The dissatisfactions expressed by a number of students at the New Zealand Film and Television School in Christchurch were examined in items broadcast on Holmes on 15 and 16 December 1998. A follow-up item was broadcast on Holmes on TV One between 7. 00–7. 30pm on 12 April 1999. The Managing Director of the New Zealand Film and Television School Ltd (Ms Marilyn Hudson) complained to Television New Zealand Ltd that the April item was unfair and unbalanced, and inaccurate in a number of respects. TVNZ considered that one aspect of the item was unfair, and in breach of the standards, as Ms Hudson was not advised that a telephone conversation between herself and a student, contained in the broadcast, was being recorded. It declined to uphold any other aspect of the complaint relating to the alleged inaccuracies or lack of balance....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about the disappearance of a six year old boy who had allegedly been kidnapped by his maternal grandfather – acting on an anonymous tip, reporter went to a remote farm and filmed an interview with the property owner – allegedly in breach of privacy and unfair Findings Standard 3 (privacy) – broadcasting footage of complainant filmed on private property without his knowledge amounted to a breach of privacy principle 3 – no public interest in broadcasting the footage – upheld Standard 6 (fairness) – programme did not leave a negative impression of complainant – not unfair – not upheld Order Section 13(1)(d) – payment to the complainant for breach of privacy $1,000 Section 16(1) – payment of costs to the complainant $574....

Summary Station identification promos broadcast on TV One included the slogan "Together We’re One", and the logo "Celebrating New Zealand". Mr Seymour complained to the broadcaster, Television New Zealand Limited, that the promos encouraged the denigration of Maori and, in particular, discrimination against the legitimate expression of Maori cultural and political beliefs. They promoted, he wrote, an ideology that was inherently assimilationist. TVNZ responded that the reference to "One" was to TV One. The promos implicitly reflected a "one-ness" between TV One and its viewers, and placed that theme in a determinedly bi-cultural context which recognised cultural diversity, it replied. It declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mr Seymour referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

ComplaintNews item about magazine for divorced people – offensive behaviour – picture of nude couple having sex FindingsStandard G2 – not inappropriate subject matter – momentary image – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary Divorced people were providing a new market for entrepreneurs in the magazine industry, according to a news report on One News broadcast on 28 September 2000 at about 6. 20pm. Pages which were shown from a magazine included a picture of an apparently nude couple. Glenyss Barker, secretary of Viewers for Television Excellence (VOTE), complained to Television New Zealand Ltd, the broadcaster, about the picture, which she said showed a nude couple having sex. She said it was inappropriate for broadcast at a time when children would be watching television....

SummaryAn item on Holmes, broadcast on TV One on 12 February 1999 beginning at 7. 00pm, referred to a contest "to conceive the first child of the new millennium". The presenter commented on "this first child of 2000", in describing the contest. Mr Butchart complained to Television New Zealand Limited, the broadcaster, that the statements were totally untrue. He said the next millennium began with the beginning of 2001, just as the first millennium began with 0001, and the second began with 1001. He sought a correction of what he called the untrue statements. TVNZ responded that it was accurate to reflect the fact that by broad popular consensus, the world (or that part of it which used the Christian calendar) would mark the birth of the new millennium as midnight passed on the last day of 1999. It declined to uphold 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....

ComplaintCoca Cola Chart Show – sex club routines – offensive behaviour – unsuitable for children – upheld by broadcaster – uncut version subsequently re-broadcastFindingsAction taken insufficient – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary A music video entitled "Madonna Music" was broadcast on the Coca Cola Chart Show on TV2 on 29 August 2000 at about 11. 30am. It included a night club sequence where women were shown performing night club routines. Deanna Clarke complained to Television New Zealand Ltd, the broadcaster, that the sexually overt content of the video fell short of accepted norms of decency and good taste. Further, as it was screened on a Sunday morning during children’s accepted viewing times, the broadcaster did not demonstrate that it was mindful of the video’s effect on children. TVNZ upheld Ms Clarke’s complaint under both standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item about large-scale animal neglect on a farm owned by one of New Zealand’s largest dairy producers – included footage of the complainant – allegedly inaccurate, unbalanced and unfair FindingsStandard 5 (accuracy) – viewers would not have been misled into believing the complainant was involved with animal cruelty on the farm – item accurate on material points of fact – majority – not upheld Standard 6 (fairness) – parts of the item borderline, but fair overall – complainant given adequate opportunity to respond – complainant’s behaviour contributed to the way in which she was portrayed – majority – not upheld This headnote does not form part of the decision....

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(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Teenage Caveman – movie about teenagers in the future who fall in with a group of genetically-altered and indestructible mutants – complainant objected to scenes of group sexual intercourse between teenagers, discussion on female pubic hair, female masturbation, and a young woman “exploding and a very graphic display of her exposed organs” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – cumulative effect of challenging content – implied group sex and partial nudity intended to titillate – excessive drug and alcohol use – gratuitous violence and profanity – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] The movie Teenage Caveman was broadcast on TV2 at 12. 35am on 17 April 2006....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – “The Monster of Berhampore” – case of Wallace Lake who ran the Berhampore Children’s Home – accused of sexually molesting children – police had received 13 complaints and decided to charge Mr Lake before he died – questioned whether Presbyterian Support Services who ran the home had done enough to help complainants – allegedly unbalanced and inconsistent with the maintenance of law and orderFindingsStandard 2 (law and order) – did not encourage viewers to disrespect principles of law – not upheld Standard 4 (balance) – programme discussed controversial issue of public importance – programme did assume Mr Lake’s guilt – TVNZ contacted Mr Lake’s solicitor and family as Mr Lake deceased – they declined to comment – TVNZ made reasonable efforts to get other perspective on allegations – complainant identified no other information or means by which to refute allegations against…...

ComplaintPolice Ten 7 – complainant arrested by police – shown without consent – breach of privacy complaintFindingsStandard 3 – Privacy Principle i) – filming in public place – no highly offensive facts disclosed – Privacy Principle v) – name disclosed but consent form later signed – no upholdThis headnote does not form part of the Decision Summary [1] The series Police Ten 7 follows a Police team while on duty. The questioning and subsequent arrest of the complainant for obscene language was one of the items dealt with in the episode broadcast on TV2 at 7. 30pm on 21 August 2003. [2] MD complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that being shown on the programme without his consent breached his privacy....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host read out viewer feedback regarding Fiji’s involvement in Pacific Islands Forum – made comment “you ungrateful swine” – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – host’s comment directed at Fijian leaders – not a section of the community to which standard applied – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on the morning of 5 August 2010, two MPs were invited onto the programme to discuss New Zealand’s involvement in the Pacific Islands Forum; a topical issue because the 41st leaders meeting was at that time being held in Vanuatu....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Cellularpromo – promo for AO-classified movie broadcast during PGR-rated animated movie – allegedly in breach of responsible programming and children's interests standards FindingsStandard 8 (responsible programming) – promo did not contain any AO material - promo correctly rated PGR and screened in appropriate host programme – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests in screening the promo during Ratatouille – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the movie Cellular was screened on TV2 on Saturday 14 August 2010, near the end of Ratatouille, an animated movie which was rated PGR and screened at 7. 30pm. Cellular was classified Adults Only and was broadcast at 9. 45pm after Ratatouille....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 TVNZ News – stated that “your odds” of being hit by a piece of satellite were 1 in 3,200 – allegedly inaccurate Findings Standard 5 (accuracy) – item was inaccurate in stating that “your odds of being hit by a piece of this satellite. . . [were] 1 in 3,200” because they were the odds of anyone getting hit – misleading to then compare those odds and imply it was more likely than being in a car accident – however broadcaster could have expected to rely on reputable news agency and figures supplied by NASA – effect of inaccuracy not so serious as to outweigh the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-033:Sharp and Television New Zealand Ltd - 1993-033 PDF276. 53 KB...

Download a PDF of Decision No. 1993-173:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-173 PDF259. 91 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-001 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KEITH PETRIE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...