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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with Garth McVicar from the Sensible Sentencing Trust regarding a 21- month prison sentence given to a man found guilty of illegally selling his large gun collection on the black market – discussion about whether sentences in New Zealand were long enough – allegedly unbalanced Findings Standard 4 (balance) – item discussed a controversial issue of public importance – viewers only provided with one significant viewpoint – upheld No Order This headnote does not form part of the decision. Broadcast [1] A segment during Breakfast, broadcast on TV One at 7. 10am on Thursday 18 December 2008, included an interview with Garth McVicar from the Sensible Sentencing Trust. The interview focused on the previous day’s sentencing of a man to 21 months imprisonment for illegally selling his large gun collection on the black market....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covering the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court describing his attack – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – viewers would not have expected the level of explicit detail provided – item required a warning – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 13 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott. The presenters introduced the item by saying: The university tutor who killed his former student and girlfriend has given his version of what happened in her bedroom that day....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Our Land – included footage of a disagreement between two men after one had hit the other’s child for being naughty – the men and their families shown discussing the incident – both men shown re-enacting how the child was hit – allegedly in breach of the law and order standard FindingsStandard 2 (law and order) – violent behaviour portrayed as unacceptable and anti-social – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Our Land was broadcast on TV One at 7. 30pm on Sunday 3 January 2010. The programme followed three families trying to live the lives of Māori and European settlers in the 1800s....

Summary The film Primal Fear was broadcast on TV2 at 8. 30pm on 11 July 1999. It concerned the trial of a young man accused of the murder of a Roman Catholic archbishop. Aaron Authier complained to Television New Zealand Ltd, the broadcaster, that the film was an attack on Christianity. He said he objected to the blasphemous language used and the manner in which Catholic clergy had been represented in the film. In his view, it should have been preceded with a warning about its content. TVNZ responded by noting that the film was classified as AO and was screened during AO time. Furthermore, it was preceded by a warning which emphasised that it was intended for adult audiences. To the complaint that the film discriminated against Catholics and misrepresented the clergy, TVNZ responded by reminding the complainant that the film was a work of fiction....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – light-hearted commentary on a TV3 presenter’s telephone call to Wellington High Court about Justice Ron Young who was hearing TV3’s appeal against some decisions of the Broadcasting Standards Authority – Holmes presenter (Paul Holmes) said that TV3’s presenter (John Campbell) had been getting it “up the chutney” at the appeal hearing – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldObservation When complaint referred to the Authority under s. 8(1)(b) in which there is doubt whether broadcaster has had the opportunity to investigate the complaint, the Authority will clarify processes with the broadcaster before formal action initiatedThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Distraction – British comedy quiz show – contained conversations of a sexual nature and coarse language – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 10pm on 25 January 2008. The episode included conversations of a sexual nature, which came about by the host asking questions of the four contestants and then commenting on their answers. [2] An example of one such exchange was as follows: Host: (asking one of the three female contestants) Who out of Sharon and Sue has had sex with their partner’s big toe?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News Tonight – item reported on an Auckland homicide – allegedly in breach of privacy Findings Standard 3 (privacy) – decline to determine in all the circumstances under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 10. 30pm on 26 September 2008, reported that a man had been stabbed and killed in Auckland. In the first part of the item, a reporter stated that, "[The victim’s] family arrive at the murder scene today, facing the tragic loss of a loved one", accompanied by a shot of three men peering into an area covered by a tarpaulin. The reporter also quoted a sympathy card left at the crime scene, saying, "What a tragic waste of a fine life. ....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of law and order, privacy, balance and fairnessFindings Standard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to disorderly acts – not upheld Standard 3 (privacy) – signatures on a petition not private facts – not upheld Standard 4 (balance) – controversial issue – perspectives of both sides solicited in a balanced manner – not upheld Standard 6 (fairness) – subsumedThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator Special: The Case Against Robin Bain – 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 – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether the complainant, who was a “surprise” witness at the retrial, had given misleading evidence – allegedly in breach of accuracy and fairness standards FindingsStandard 6 (fairness) – complainant was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 5 (accuracy) – alleged inaccuracies relate to implication in the programme that the complainant gave misleading evidence – Authority not in a position to determine whether the programme was inaccurate in this respect – decline to determine under section 11(b) of the Broadcasting Act…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – resident dog trainer worked to retrain the dogs to be better behaved – dog training methods allegedly outdated and harmful – allegedly in breach of controversial issues, accuracy, responsible programming and violence standards FindingsStandards 4 (controversial issues) – programmes did not discuss a controversial issue of public importance but focused on individual cases – not upheld Standard 5 (accuracy) – programmes did not contain any material inaccuracies – commentary would have been interpreted by viewers as such – not upheld Standard 8 (responsible programming) – programmes appropriately classified PGR – episodes contained clear disclaimer – not upheld Standard 10 (violence) – display of dog training methods was not “violence” as envisaged by the standard – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with President of Home Education Learning Organisation about the benefits of home-based childcare education, as opposed to daycare – President made comments which reflected negatively on daycare – allegedly unbalanced in breach of controversial issues standardFindingsStandard 4 (controversial issues) – item discussed a controversial issue of public importance – programme framed the interview as a debate about the merits of “Daycare vs Homecare” but item itself had flavour of advertorial – taking into account likely audience, insufficient balance was provided – broadcaster did not make reasonable efforts, or give reasonable opportunities, to present significant viewpoints – upheld No Order This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]An episode of Women in Blue, a reality TV series following the work of New Zealand policewomen, contained footage of a search warrant being executed at the complainant’s property. QS, who at the time of filming was an occupant of the property, made a complaint that broadcasting the footage without her knowledge or consent breached her privacy. The Authority found that the broadcast did not breach her privacy because she was not identifiable in the broadcast. Not Upheld: PrivacyIntroduction[1] An episode of Women in Blue, a reality TV series following the work of New Zealand policewomen, contained footage of a search warrant being executed at the complainant’s property. Introducing the footage, the narrator referred to a ‘suspected illegal drug operation’....

ComplaintTux Super Dog Challenge – bugger – offensive language FindingsS4(1)(a) – context relevant – not used in anger – no uphold This headnote does not form part of the decision. Summary Tux Super Dog Challenge was a series which featured dogs and their owners competing over a range of physical tests in the high country. It was broadcast weekly on TV One at 7. 00pm on Saturdays. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, about the language used during the episode on 18 November 2000. The use of the word "bugger" on two occasions, he said, was offensive. Acknowledging that the word might be offensive in some contexts, TVNZ said nevertheless it was used in a "friendly" way on this occasion. It declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Schwabe referred it to the Broadcasting Standards Authority under s....

ComplaintInventions from the Shed – documentary – rated G – bugger – offensive language FindingsSection 4(1)(a) – applied under standard G2 – word not used gratuitously – acceptable in context – no uphold This headnote does not form part of the decision. Summary The documentary Inventions from the Shed described some inventions created by men and women while pottering in their sheds. One invention involved a gadget for making sheep shearing easier, and the inventor, while describing it, used the word "bugger", or variations of it, on three occasions. The programme was broadcast on TV One at 8. 30pm on 18 June 2001. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the offensive word "bugger" in a G rated programme breached broadcasting standards. In response, TVNZ argued that the dialogue was natural for the inventor shown, and it declined to uphold the complaint....

Download a PDF of Decision No. 1993-100:Minister of Women's Affairs (Hon Jenny Shipley) and Television New Zealand Ltd - 1993-100 PDF635. 3 KB...

Download a PDF of Decision No. 1992-083:Smits and Television New Zealand Ltd - 1992-083 PDF350. 5 KB...

Download a PDF of Decision No. 1991-010:Burbridge and Television New Zealand Ltd - 1991-010 PDF356. 93 KB...

Download a PDF of Decision No. 1993-034:Sharp and Television New Zealand Ltd - 1993-034 PDF 335. 83 KB...

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...