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Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-142 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SANDRA ROBB of Winton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintAssignment – inaccurate, unbalanced, failed to respect principles of lawFindingsStandard G1 – no uphold Standard G4 – not unfairly treated in preparation of programme; possible inferences did not constitute unfairness in terms of broadcasting standards – no uphold Standard G5 – no upholdStandard G6 – overall not unfair, unbalanced or partial; a new perspective offered on a historical matter – no uphold This headnote does not form part of the decision. Summary An Assignment programme, broadcast on TV One on 30 March 2000 beginning at 8. 30pm, re-examined allegations that Dr William Sutch had engaged in espionage. According to the programme, despite his having been tried and acquitted, fresh evidence existed to show that there was doubt about the justice of the acquittal....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Life on Mars – included a brief scene of a man having his hand held down and hit with a telephone receiver – allegedly in breach of law and order and violence Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 10 (violence) – promo was rated PGR – violence was fleeting – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Life on Mars, a British science fiction and police drama television series, was broadcast during One News at 6pm on TV One on Monday 23 June 2008. [2] The promo included a brief scene of a man being interrogated....

ComplaintOne News – Olympic competitors banned for drug use – athlete Marion Jones suspected – unfair – inaccurate FindingsStandard G1 – not applicable Standard G4 – report on speculation not unfair – no uphold Standard G5 – speculation not illegal – no uphold Standards G14, G19 and G21 – not applicable This headnote does not form part of the decision. Summary Under the heading "Drug Cheats", a promo for Holmes broadcast on TV One on 28 September 2000 questioned whether athlete Marion Jones and swimmer Inge de Bruijn had taken performance-enhancing drugs before the Olympic Games in Sydney. John O’Neill complained to Television New Zealand Ltd, the broadcaster, that the allegations required an explanation. He said he had not heard anything to link athlete Marion Jones to drugs, and he wondered where TVNZ had got its information, and whether the allegation was justified....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline – item reported that Jeremy Clarkson had apologised for his comments that striking workers should be shot – allegedly in breach of law and order, discrimination and denigration, and violence standards FindingsStandard 2 (law and order) – item was a straightforward news report about Mr Clarkson’s comments – broadcasting the comments did not encourage viewers to break the law – not upheld Standard 7 (discrimination and denigration) – re-broadcasting Mr Clarkson’s comments did not encourage the denigration of, or discrimination against, a section of the community – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of the decision Introduction [1] An item on Nightline, broadcast on TV3 at 10....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sons of Anarchy – fictional drama about outlaw motorcycle gang – allegedly in breach of good taste and decency and law and order standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – fictional adult drama did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sons of Anarchy was broadcast on TV3 at 9. 30pm on Wednesday 10 November 2010. The drama series revolved around the lives of members of a close-knit outlaw motorcycle gang, and their various rivals and associates....

ComplaintOne News – item reported Government to pay defence bill for depositions hearing of private prosecution of police officer charged with murder – featured as unusual event whereas complainant claimed that it was standard practice – not consistent with legal principles – unbalanced – inaccurate – unfair FindingsStandards 2, 4, 5, and 6 – news selection issue – not broadcasting standards matter – no uphold This headnote does not form part of the decision. Summary [1] The Government’s decision to pay the defence costs at the depositions hearing of the private prosecution of Constable Abbott for the murder of Stephen Wallace was reported as a "bolt from the blue" in an item on One News on Saturday 15 June 2002. One News is broadcast daily on TV One between 6. 00–7. 00pm....

Summary The fate of money belonging to Holocaust victims but deposited in Swiss bank accounts during World War II was the subject of commentary on "Aspects of Israel" broadcast on Access Radio on 29 June 1997 beginning at 11. 15am. The commentator questioned the honesty of the Swiss in dealing with the money. Mr Carson of Wellington complained to Access Radio, the broadcaster, that the remarks impugned the integrity of the Swiss and, therefore, were offensive and discriminatory. Access Radio responded that the comments related to Swiss banks and bankers, and did not refer to the Swiss as a people. Further, it considered that even if ill will was incited against those bankers who controlled the assets of Holocaust victims, it was unlikely that any of those people were in New Zealand....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-110 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN CLEMENTS of Orewa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – story explored the craze surrounding imitations of Jackass movies involving dangerous stunts and an internet site that was profiting from it – footage of stunts shown – allegedly in breach of good taste and decency and law and order standards Findings Standard 1 (good taste and decency) – shocking footage was appropriate given the focus of the programme – warning was adequate – not upheld Standard 2 (law and order) – item was a cautionary tale – did not encourage or promote, condone or glamorise criminal activity – not upheld No OrderThis headnote does not form part of the decision....

Complaint under section 8(1)(b) of the Broadcasting Act 1989 The Rock – stunt in which announcers let off fireworks to test “Jimmy’s ability to dodge fireworks” – allegedly in breach of law and order and social responsibility standardsFindings Principle 2 (law and order) – subsumed under Principle 7Principle 7 (social responsibility) – stunt was socially irresponsible – did not consider effects on child listeners – hosts’ manner trivialised the potential danger of aiming fireworks at another person – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast[1] In a segment called “Do Stuff to Jimmy” on The Rock, broadcast at approximately 8. 15am on 20 October 2006, the announcers commented on the recent call to ban fireworks for public sale....

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

ComplaintNewstalk ZB – host Danny Watson – results of trial of Jules Mikus for the murder of Teresa Cormack referred to and discussion about justice, retribution and community responsibility – encouraged vigilante justice FindingsPrinciple 7 – not applicable – no upholdPrinciple 2 – some of the host’s populist comments came close to breach – although overall support for judicial processes – no uphold This headnote does not form part of the decision Summary [1] The conviction of Jules Mikus for the murder of Teresa Cormack was referred to on Newstalk ZB between noon and 3pm in the talkback session broadcast on 9 October 2002 hosted by Danny Watson. Concern at the time-lapse between the murder and conviction was expressed. Examples of extra-judicial justice were given by callers and the host at times suggested that instant justice could be more effective in reforming offenders than the justice system....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nightline – report on public’s reaction to a Campbell Live item involving a "self-confessed cat hater" and his method of killing cats – item included a demonstration by Mr Spring showing how he would lower a cage containing a cat into a barrel of water – allegedly in breach of law and order standards The Authority’s DecisionStandard 2 (law and order) – item made it clear to viewers that Mr Spring’s actions were illegal – viewers were not encouraged to break the law – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast at 10. 30pm on 29 August 2007, reported on a story broadcast on TV3’s Campbell Live the previous night featuring Ray Spring, a "self-confessed cat hater" from Christchurch....