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INTERLOCUTORY DECISION Complaint under section 8(1)(a) of the Broadcasting Act 1989Interlocutory applications for production of field tapes – documentary entitled Monster of Berhampore about alleged child abuse in Berhampore Children’s Home – complainant alleging programme unbalanced – seeking disclosure of additional material not broadcast by TVNZDecision on interlocutory applicationField tapes not required to determine relevant issues – applications declined – Authority will seek submissions on substantive issuesThis headnote does not form part of the decision. Background[1] At 7:30 pm on 1 May 2005, during Sunday, Television New Zealand Ltd broadcast an item entitled The Monster of Berhampore. The subject of the item was Walter Lake, who during the 1950s and 1960s had run the Berhampore Children’s Home in Wellington. [2] The documentary interviewed a number of former residents of the home who alleged that Mr Lake had sexually abused them....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989What Now – spoof of talent shows called "Fairytale's Got Talent" – guest judge said to Cinderella who was a contestant, "Next time I'm holding one of my balls, you're invited" – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – child viewers would have understood the comment to be a reference to the Cinderella fairytale – comment did not go beyond the programme's G rating – not upheld This headnote does not form part of the decision. Broadcast [1] During What Now, broadcast on TV2 at 8am on Sunday 15 August 2010, the programme's hosts and two former New Zealand Idol judges, Paul Ellis and Frankie Stevens, participated in a spoof of television talent contests, called "Fairytale's Got Talent". A contestant, Cinderella, performed on the saxophone....

ComplaintAssignment – preview of following week’s item of state of New Zealand railways – interviewees use words "bugger" and "shit-house" – breach of good taste and decency FindingsS. 4(1)(a) – language acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] The closing segment of Assignment broadcast on TV One on 18 October 2001 at 8. 30pm previewed an item to be broadcast the following week about the state of New Zealand’s railways. One of the interviewees used the word "bugger" and another used the word "shit-house". [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the broadcast of the language was "deliberate gutter television" and contrary to good taste and decency....

Interlocutory matter concerning whether formal complaint was lodged in writing with the broadcaster within the prescribed statutory timeframe Fair Go – formal complaint lodged by email shortly before midnight on 20th working day after the broadcast – broadcaster declined to accept the complaint on the basis it was out of time – question whether formal complaint was lodged within 20 working days as required by the Broadcasting Act 1989 FindingsDefinition of “working day” in section 2 of the Act specifies the days which are not to be counted as “working days” but does not specify times of the day – in the absence of explicit indication of times, ordinary meaning should be adopted – a “day” runs from midnight to midnight – complaint was lodged before midnight on 20th working day and therefore should have been accepted by the broadcaster, even though the email was not read until the following day OrderSection…...

Download a PDF of Decision No. 1993-079:Disabled Persons Assembly (New Zealand) Inc (Auckland Central Region) and Television New Zealand - 1993-079 PDF301. 22 KB...

Download a PDF of Decision No. 1992-021:Wislang and Television New Zealand Ltd - 1992-021 PDF333. 3 KB...

Download a PDF of Decision No. 1992-040:Ross and Television New Zealand Ltd - 1992-040 PDF441. 51 KB...

Download a PDF of Decision No. 1991-042:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042 PDF365. 34 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item reported on death of motorcyclist on racing track – included footage of the accident – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – footage was brief and shot from a distance – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Breakfast, broadcast on TV One at approximately 7. 05am on Monday 6 September, reported on the death of a motorcyclist. The news reader stated, “In sport, there’s been an horrific death in the 250cc section of the Moto GP in San Marino. Japanese rider Shoya Tomizawa on the red bike was killed after being hit by two others in this incident. The other two riders escaped serious injury....

SummaryWhen Women Kill, a documentary about two women who had both served 10 years in prison for murder was broadcast on TV One on 18 October 1999 at 8. 30pm. Bruce Tichbon complained to Television New Zealand Ltd, the broadcaster, that individuals referred to in the programme by the two women had not been treated fairly as they had not been given an opportunity to respond to accusations made about their conduct. He also complained that the programme was unbalanced because of comments made by a prison manager and because, Mr Tichbon said, it portrayed women as victims and men as violent abusers of women and children. TVNZ responded that the programme had not concealed the fact that it was tracing the women’s lives from their point of view. In those circumstances it considers it was not necessary to include the people referred to in the programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Night at the Classic – AO comedy programme broadcast at 10pm and preceded by warning, contained swearing and sexual references – allegedly in breach of standards relating to good taste and decency and responsible programmingFindingsStandard 1 (good taste and decency) – swearing and sexual material were permissible in the context of an AO comedy programme screened at 10pm and preceded by a specific warning – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision. Introduction [1] A Night at the Classic, a late-night comedy series featuring New Zealand comedians, contained swearing and sexual references. The programme was classified Adults Only (AO) and was broadcast at 10pm on 3 January 2013 on TV One....

Download a PDF of Decision No. 1993-029:Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029 PDF815. 18 KB...

Download a PDF of Decision No. 1992-037:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-037117. 2 KB...

Download a PDF of Decision No. 1993-139:Harang and Television New Zealand Ltd - 1993-139 PDF295. 26 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The Authority did not uphold a complaint that a Seven Sharp item referring to Wilson Parking breached the accuracy and fairness standards. The item covered a dispute between a carpark customer and Wilson Parking. A Fair Go consumer advocate also provided general advice to people about their rights in relation to parking fines. In the context of providing general information to viewers from a consumer advocacy perspective, the advice did not breach the accuracy standard. The Authority also found the broadcast did not breach the fairness standard. It noted that Wilson Parking had been given an opportunity to comment on the specific customer’s situation and, as a multinational company, could reasonably have been expected to be aware that the programme would use the specific situation to discuss the company’s wider operations. It could have expanded the statement provided to the broadcaster.   Not Upheld: Accuracy, Fairness...

The Authority has not upheld a complaint that an episode of Travel Guides Australia breached the discrimination and denigration standard by featuring one of the show’s participants stating he grew hair quickly due to his ‘wog genetics’. The Authority noted the word ‘wog’ can have different meanings; typically referring to non-white people in British English and to people with Southern European ancestry in Australian English, and that these constituted recognised sections of the community for the purposes of the standard. While the Authority acknowledged the potential harm in the use of the word, in this particular context (being used by someone of Greek heritage to describe themselves), it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: Discrimination and Denigration...

A complaint about the use of the alleged mosque attacker’s name during a 1 News report was not upheld. The Authority found that in the context of the item the single use of the name and the broadcast’s limited reference to violence did not breach the violence standard. Not Upheld: Violence...