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Complaint under section 8(1)(a) of the Broadcasting Act 1989A Question of Justice – documentary examining the ongoing controversy surrounding the conviction of David Bain for the murders of five family members – included police video, photographs of the crime scene, and re-enactments of the murders – allegedly unfair and in breach of the violence standardFindingsStandard 6 (fairness) – programme explored all different perspectives – not unfair to David Bain – not upheld Standard 10 (violence) – murder scenes not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] A Question of Justice, broadcast on TV One at 8. 30pm on 12 May 2005, examined the ongoing controversy surrounding the conviction of David Bain for the murders of five family members. The programme included police video and photographs of the crime scene, plus re-enactments of the murders and other scenes....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the 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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item mentioned Charlotte Dawson a number of times – allegedly unbalanced, inaccurate and unfairFindings Decline to determine complaint under s. 11(a) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch broadcast on TV2 on 8 November 2005 at 10pm contained a segment called “Save our Stars”, in which an actor went around the streets of Auckland collecting donations for various television presenters currently working for Prime Television. Correspondence [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, about the number of times Charlotte Dawson, a local celebrity, was mentioned in the programme. He argued that she had been referred to at least 11 times in the last 10 minutes of the episode, and submitted that Standards 4, 5 and 6 had been breached....

Summary The programme Video Hits-Chart Show was broadcast on TV2 at 10. 00am on 15 August 1999. This programme featured "top twenty" music videos. Ms Watkins complained to Television New Zealand Ltd, the broadcaster, that the programme was incorrectly classified PGR, and that three video tracks played on the programme contained sexually explicit images and language likely to offend. She said that TVNZ had failed to protect fully very young children, and that it was "blatantly obvious that standard G12 of the Codes had been breached". She also commented that the programme exploited and objectified young women. TVNZ responded that the programme was, in its view, correctly classified and, by attaching a PGR certificate to the programme, it had demonstrated that it was mindful of the programme’s effect on children....

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(1)(a) of the Broadcasting Act 1989Tonight – item about the delay in election results from the Wellington local body elections – reporter described the Single Transferable Voting (STV) system as “discredited” – allegedly unbalanced and inaccurateFindingsStandard 4 (balance) – focus of item not on STV system – no balance required on STV issue – not upheld Standard 5 (accuracy) – in light of focus of item, word “discredited” referred to administration of STV system, not system itself – sufficient basis for reporter to use word accurately in this context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Tonight on TV One at around 10. 35pm on 20 October 2004 reported that, twelve days after the local body election, the final vote for the Wellington City Council had been announced....

ComplaintMercury Lane – promo – reference to pubic hair – broadcast during Son of God on Good Friday at 10. 30am – offensive – unsuitable for children FindingsStandard 1 – spoken not visual reference – context – no uphold Standard 9 – children not unfamiliar with nudity – no uphold This headnote does not form part of the decision. Summary [1] A question to an artist about the public reaction to the portrayal of pubic hair was included in a promo for Mercury Lane, a programme about the arts. The promo was broadcast at about 10. 30am on Good Friday during the screening of the documentary Son of God, which reported the results of a scientific examination into issues raised about Jesus Christ. [2] Carole Bennett complained that the broadcast of the promo, during family viewing time, was disgusting....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item allegedly contained comments that were inconsistent with BBC report – allegedly in breach of accuracy standardFindingsStandard 5 (accuracy) – broadcaster unable to locate comments specified by the complainant – Authority therefore unable to assess broadcasting standards against those comments – Authority declines to determine the complaint in all the circumstances under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] J M Baxter made a formal complaint to TVNZ about an item broadcast on One News at 6pm on 22 September 2012. He asserted that the item was inconsistent with a BBC report which quoted the United States Attorney General saying that New Zealand had opened its ports to US war ships....

ComplaintSunday – investigation of Dr Richard Gorringe who had been found guilty of professional misconduct and disgraceful conduct through use of alternative medicines – biased – unfair – misleading FindingsStandard 4 – reasonable opportunities given – not unbalanced – no uphold Standard 6 – Dr Gorringe dealt with fairly as ample opportunity given to present views – no uphold This headnote does not form part of the decision. Summary [1] The use by Dr Richard Gorringe of alternative medicine, alongside conventional medicine, was investigated in an item broadcast on Sunday at 7. 30pm on TV One on 2 September 2003. Dr Gorringe had been found guilty by the Medical Practitioners Disciplinary Tribunal on two charges of professional misconduct and one of disgraceful conduct. [2] Margaret Kirk complained to Television New Zealand Ltd, the broadcaster, that the item was biased and unfair, and trivialised the work of Dr Gorringe....

ComplaintHolmes – sensitive information about two women found on second-hand computer hard drive – women able to be identified – breach of women’s privacy FindingsSection 4(1)(c) – Complaints of FL, Mr Elliott and Mr Herrmann – upheld; Ms MacDonald’s complaint – one aspect upheld by broadcaster; one aspect subsumed under Standard G4 Orders(1) Broadcast of statement(2) $5,000 compensation to each of the women whose privacy was breached(3) $2,500 costs to the Crown Cross-reference: 2002-071–072 This headnote does not form part of the decision. Summary [1] An item broadcast on Holmes on TV One at 7. 00pm on 21 May 2001 reported on sensitive information about two women which had been found on a second-hand computer hard drive. Excerpts from the interviews with the two women were included in the broadcast. [2] FL, one of the women concerned, complained to the Broadcasting Standards Authority under s....

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Horace in Slow Motion – showed cartoon pig ‘picking his nose and eating it’ – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – typical children’s humour – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] Horace in Slow Motion, a 45-second cartoon about Horace the pig, showed Horace ‘picking his nose and eating it’. The footage was accompanied by audio of children saying, “Ewww, you’re gross, Horace. ” The short programme was classified G (General) and broadcast at 5pm on Tuesday 18 June 2013 on TV2. [2] Jason Walker made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging that it was “unacceptable [in] today’s society to pick you[r] nose and eat it”....

Download a PDF of Decision No. 1993-026:Sharp and Television New Zealand Ltd - 1993-026 PDF306. 1 KB...

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....

Download a PDF of Decision No. 1993-047:Coalition of Concerned Citizens (NZ) and Television New Zealand Ltd - 1993-047 PDF267. 19 KB...

Download a PDF of Decision No. 1993-101:McElroy and Television New Zealand Ltd - 1993-101 PDF468. 14 KB...

Download a PDF of Decision No. 1993-132:Timms and Television New Zealand Ltd - 1993-132 PDF573. 13 KB...

Download a PDF of Decision No. 1992-011:Sugrue and Television New Zealand Ltd - 1992-011 PDF551. 41 KB...