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PHARMAC and Television New Zealand Ltd - 2000-082
2000-082

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Decisions
Schwabe and Television New Zealand Ltd - 2000-129
2000-129

ComplaintHolmes – footage of English coach’s half-time speech – offensive language – unsuitable for childrenFindings(1) Standard G2 – use of language not endorsed – no uphold (2) Standard G12 – no uphold This headnote does not form part of the decision. Summary Footage from a soccer coach’s half-time speech to players which contained strong language was broadcast on Holmes on TV One on 27 April 2000 beginning at 7. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the footage contained repeated and gratuitous offensive language. He contended that the item was offensive and unsuitable for children. TVNZ responded that the item was linked to new research findings that such angry motivational speeches did not assist performance, and maintained that the item was of topical interest....

Decisions
McDonald and Television New Zealand Ltd - 2004-073
2004-073

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....

Decisions
Lee, Page and Norris and Television New Zealand Ltd - 2004-153
2004-153

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....

Decisions
Worthington and Television New Zealand Ltd - 2001-011
2001-011

ComplaintHolmes – air accident – advice for travellers to dress as for a bonfire – offensive – sensational – distasteful FindingsStandard G14 – not applicable Standard G16 – perhaps flippant comments but would not cause alarm Standard G20 – not relevant This headnote does not form part of the decision. Summary An item on Holmes, broadcast on TV One on 3 November 2000 beginning at 7. 00pm, gave advice to travellers about how to improve their chances of surviving an aircraft disaster. The item followed an aircraft accident in Taipei. R P Worthington complained to Television New Zealand Ltd, the broadcaster, that the subject matter had been handled in a distasteful manner, and was inflammatory and biased. In the complainant’s view, the way in which the item had been written was particularly offensive....

Decisions
Kubala and Television New Zealand Ltd - 1993-129
1993-129

Download a PDF of Decision No. 1993-129:Kubala and Television New Zealand Ltd - 1993-129 PDF269. 54 KB...

Decisions
Howard and Television New Zealand Ltd - 2001-237
2001-237

Complaint Holmes – interview with Prime Minister about refugees – reference to Nauru as a pile of bird shit – offensive language – inappropriate for school children FindingsStandard G2 – crude but acceptable in context – no uphold Standard G12 – minimal impact on children – no uphold This headnote does not form part of the decision. Summary [1] Nauru was described as a "pile of bird shit" by the presenter on Holmes when interviewing the Prime Minister and the Leader of the Opposition about the Government’s decision to take 150 refugees from the Tampa. The item was broadcast on Holmes on 3 September 2001 beginning at 7. 00pm. [2] Alfred Howard complained to Television New Zealand Ltd, the broadcaster, that the phrase was totally inappropriate and offensive. He expressed particular concern that school children would hear the language....

Decisions
Harang and Television New Zealand Ltd - 1993-139
1993-139

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

Decisions
Wolf and Television New Zealand Ltd - 2004-127
2004-127

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....

Decisions
Armitage and Television New Zealand Ltd - 1993-104
1993-104

Download a PDF of Decision No. 1993-104:Armitage and Television New Zealand Ltd - 1993-104 PDF313. 81 KB...

Decisions
Clarkson and Television New Zealand Ltd - 1997-002
1997-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-002 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT CLARKSON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Minister of Housing (Hon Murray McCully) and Television New Zealand Ltd - 1997-154
1997-154

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-154 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by MINISTER OF HOUSING (HON MURRAY McCULLY) Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
FL, Elliott, Herrmann and MacDonald and Television New Zealand Ltd - 2002-067, 2002-068, 2002-069, 2002-070
2002-067–070

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....

Decisions
Butchart and Television New Zealand Ltd - 1999-045
1999-045

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....

Decisions
McNair and Television New Zealand Ltd - 1993-042
1993-042

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

Decisions
Harper and Television New Zealand Ltd - 1994-012
1994-012

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 12/94 Dated the 5th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHARLES B. HARPER of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Inland Revenue Department and Television New Zealand Ltd - 1999-164–167
1999-164–167

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....

Decisions
Williams and Television New Zealand Ltd - 2003-184
2003-184

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – use of archive footage of haka during item about foreshore and seabed dispute – inaccurate – unfair FindingsStandard 5 – use of footage not misleading or inaccurate – no uphold Standard 6 – use not unfair to any person or group – no uphold This headnote does not form part of the decision Summary [1] Archive footage of a haka performed at Waitangi beach was used in a Holmes item about the dispute over ownership of the foreshore and seabed. The programme was broadcast on 19 August 2003 at 7. 00pm on TV One. [2] Wiremu Te Rauna Williams complained to Television New Zealand Ltd, the broadcaster, that the use of the archive footage was inaccurate and amounted to “fraud and betrayal”, as it had no connection to the seabed and foreshore debate....

Decisions
Boyce and Television New Zealand Ltd - 2000-074
2000-074

ComplaintHolmes – Employment Relations Bill – unbalanced – unfair FindingsStandard G6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary The introduction of the Employment Relations Bill was the subject discussed on Holmes broadcast on TV One on 14 March 2000 beginning at 7. 00pm. The Minister of Labour, a trade union representative, an employer representative and the Opposition spokesperson debated some of the issues. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the discussion simplified the highly complex legislation so much that many important concepts, such as collective bargaining, had not been explained. Furthermore, he complained that the participants had not received equal time. TVNZ responded that it did not believe the absence of an explanation about collective bargaining was a breach of broadcasting standards....

Decisions
Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-042
1991-042

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

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