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Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting the court appearance of a man charged with accessing child pornography – showed two men standing at a vending machine – face of the accused not shown, side profile of the other man was shown – allegedly in breach of privacy and unfair FindingsStandard 3 (privacy) – no private facts disclosed – not upheldStandard 6 (fairness) – item implied complainant was defendant on child pornography charges – incorrect – seriously unfair – upheldOrderCosts to the Crown of $3000This headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News on TV3 at 6pm on 7 March 2005 reported on the court appearance of a man charged with accessing child pornography via the internet. The reporter said that due to a judge’s ruling, 3 News was unable to name the alleged offender....

ComplaintMorning Report – item about benefits of replacing sugar with artificial sugar – public health researcher referred to sugar and butter as “natural poisons” – implied butter more harmful than margarine – stated New Zealanders’ shift to margarine had had substantial effect on heart disease rates – item allegedly unbalanced and inaccurate – butter not a poison – studies link margarine with increased risk of death/disability Findings Principle 4 – item not about butter – no requirement for balance – Principle 4 not applicable Principle 6 – not Authority’s role to decide whether butter is more or less harmful than margarine – decline to determine; “natural poison” the expression of opinion – not upheldThis headnote does not form part of the decision Summary [1] Senior public health researcher Professor Rod Jackson was interviewed on Morning Report on National Radio on 24 October 2003 in relation to his call for hospitals and schools to replace…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-054 Decision No: 1997-055 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by P J CULLINANE Bishop of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates A Martin...

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Trinny and Susannah: The Great British Body – large group of naked British people formed a sculpture of a naked person – contained full frontal nudity – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – programme aimed to convey uplifting message about people accepting their bodies – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The final episode of Trinny and Susannah: The Great British Body was broadcast on TV One at 2pm on Saturday 25 July 2009. Throughout the series, style gurus Trinny and Susannah had travelled across Britain talking to people about their naked bodies, with the aim of changing the way Britons viewed their bodies and celebrating the qualities that made each of them unique....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported allegations by several caregivers that they had been instructed to "assist" clients with masturbation and sex toys – allegedly in breach of children's interests Findings Standard 9 (children's interests) – adult nature of item clearly signposted – subject matter handled discreetly and sensitively – unsupervised child viewers unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Tuesday 21 October 2008, was announced at the beginning of the programme as follows: Tonight, an adult subject, we advise discretion. There are allegations tonight that caregivers of the intellectually disabled are being given explicit training to help clients reach sexual satisfaction. We hear from those workers who say they were demeaned and disgusted....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – item contained an interview with Philip Zimbardo – interview discussed theories about why apparently good people do bad things in certain situations – host made reference to New Zealand psychiatric institutions and the fact that patients had made accusations that staff had abused them – allegedly unbalanced, inaccurate and unfair The Authority’s DecisionPrinciple 4 (balance), Principle 5 (fairness), Principle 6 (accuracy) – complainant under a mistaken impression about the contents of the broadcast – complaint did not raise any issues of broadcasting standards – not upheldThis headnote does not form part of the decision. Broadcast [1] On 8 July 2007, Radio New Zealand National’s Sunday Morning with Chris Laidlaw programme held an extensive interview with psychologist Phillip Zimbardo, who had recently published his latest book "The Lucifer Effect"....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Orange Roughies – promo – used words “for Christ’s sake” – allegedly blasphemous and derogatory of ChristiansFindingsStandard 1 (good taste and decency) – distinct different dictionary meanings of “Christ” - context – not upheld Standard 6 and guideline 6g (denigration) – not intended to encourage denigration – high threshold not reached – not upheldThis headnote does not form part of the decision. Broadcast[1] A promo for the forthcoming drama series Orange Roughies was broadcast on TV One on a number of occasions in mid May 2006. In one of the brief sequences included in the promo, one of the characters exclaimed “you’re married for Christ’s sake! ” as he walked past a parked car containing a husband and wife apparently having sex....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-175 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MACPHERSON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-053 Dated the 21st day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT X of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryThe Human Body, episode one of an eight part series, was broadcast on TV One at 8. 30pm on Monday 28 September 1998. The next seven parts were broadcast at the same time on consecutive Monday evenings. The series, presented by Professor Robert Winston, showed viewers what happened to the human body from conception to death. Part One comprised an overview of the full series. Mr Walker complained to Television New Zealand Ltd, the broadcaster, that as the series assumed that the human body was the product of evolution, it was unbalanced and misleading. He argued that the programme omitted the belief that all life was the product of creation by God. Mr Fox complained that the series was biased, as it did not acknowledge that evolution was a controversial issue. Many people, including many scientists, he said, accepted a worldview based on the veracity of the Bible....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-115 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN AGAINST PORNOGRAPHY (Auckland) Broadcaster MAX TV LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary A representative of a beneficiaries’ organisation was interviewed on National Radio’s Nine to Noon on 21 July 1999 beginning at 9. 06am. The interview arose in the context of controversy surrounding the operation of Work and Income New Zealand. Mr Boyce complained to RNZ, the broadcaster, that the beneficiary representative was not treated fairly because he was not named in the introduction to the item. He contended that the interviewee was discriminated against because of his status as a beneficiary. RNZ provided a brief response in which it asserted that the interviewee had been dealt with fairly, and that it had acted in a socially responsible manner. It declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Boyce referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to determine the complaint....

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....

ComplaintOne News – news item on Select Committee deliberation on changes to ACC – inaccurate, unbalanced and lacked objectivity FindingsStandard G1 and Standard G14 – acceptable summary of complex situation – no inaccuracy or lack of objectivity – no uphold This headnote does not form part of the decision. Summary A news item concerning Select Committee deliberations on proposed changes to accident insurance legislation was broadcast on One News on TV One between 6. 00 and 7. 00pm on 29 February 2000. The New Zealand Trade Union Federation complained to Television New Zealand Ltd, the broadcaster, that the broadcast was inaccurate, unbalanced and lacked objectivity. In its opinion, the item sought to create the impression that proposed changes were "purely irrational", unsupported by evidence, promoted only by the Alliance and Labour parties, and only continued to be supported because of an election promise....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: 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 surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Asia Down Under and One News – One News item replayed significant footage screened on Asia Down Under earlier in the morning – programmes addressed issue of need for regulation of immigration consultants – profiled situation of Korean family, the Yangs, who were seeking permanent residency in New Zealand – outlined Yangs’ dealings with immigration consultancy firm Wasan International Co Ltd and its director Edward Kang – discussed high fees charged and lack of success in their applications to date – Asia Down Under team arrived unannounced at Wasan Ltd’s offices and requested interview with Mr Kang – used comments on wider issue from Immigration Minister Paul Swain – used comments from representative of New Zealand Association for Migration and Investment – Asia Down Under reported police and NZAMI investigations of Wasan Ltd – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance)…...

ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

ComplaintThe Lions: Up Close and Personal – documentary series following The Lions’ 2001 rugby tour of Australia – team members filmed off field, on sideline, in dressing room – use of language including "bugger" and "fuck" – 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 Lions: Up Close and Personal was a four-part documentary series which followed The Lions representative rugby team during its 10-match tour of Australia in 2001. It was broadcast on Prime Television during November and December 2001. [2] Paul Schwabe complained to Prime Television New Zealand Ltd, the broadcaster, that the use of language including "bugger" and "fuck" during the episode broadcast on 18 November 2001 at 8. 35pm was contrary to good taste and decency....