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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by B A MUDFORD of Matamata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 156 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

SummaryAward of Costs – Re Decision No: 1996-094 and 1996-095Pursuant to its powers under s. 16 of the Broadcasting Act 1989 to award such costs and expenses as are reasonable, the Authority has exercised its discretion to award costs to Allied Mutual Insurance Ltd, following its decision to uphold AMI's complaint about that Fair Go programme broadcast on TV One on 18 March 1996 lacked balance. The Authority records that it invited and received submissions from Allied Mutual Insurance Ltd and from Television New Zealand Ltd on the question of costs and, after careful consideration of the arguments from both parties, it decided an award of costs was appropriate in all of the circumstances of the case. CostsUnder s. 16 of the Broadcasting Act 1989, the Authority orders Television New Zealand Ltd to pay costs to Allied Mutual Insurance Ltd in the sum of $3000....

SummaryA special Assignment programme broadcast on TV One on 31 May 1998 at 6. 30pm focused on the trial of Malcolm Rewa, accused and found guilty of a large number of sexual attacks on women. It replaced the advertised Our World programme. Mrs Mitchell complained to Television New Zealand Ltd, the broadcaster, about the time of the broadcast, which she said breached standards of good taste and decency, and the fact that it replaced a programme watched unsupervised by many children. She noted that no warning had been given about the change to the schedule, but even if it had, she observed, many families would not have been aware of the warning. In its response, TVNZ noted that Rewa’s trial, which had concluded the previous day, had elicited a great deal of public interest....

Summary[This summary does not form part of the decision. ]A Seven Sharp item discussed the reasons that outgoing New Plymouth Mayor Andrew Judd was not seeking re-election. These included that Mr Judd had suffered abuse and become ‘deeply unpopular’ because of his campaign to increase Māori representation on the New Plymouth District Council, in particular by proposing that a Māori ward be established on the Council. The Authority did not uphold a complaint that the presenter’s editorial comments following the item were unbalanced, inaccurate and unfair. In making its decision, the Authority acknowledged the influential position of the presenters, but found that alternative views were conveyed during the item and in subsequent items during the period of current interest. The presenters’ comments were their opinion and analysis of the issues discussed, rather than statements of fact, so they were not subject to the accuracy standard....

Summary[This summary does not form part of the decision. ]During a 1 News Coming Up teaser, presenter Simon Dallow referred to an upcoming item on 1 News, saying: ‘Plus a warning for mums to be; research showing C-section babies face long-term health issues. ’ The full item reported on research findings from the University of Edinburgh that babies born through caesarean section were ‘far more likely to suffer from obesity and asthma’, but went on to explain that it was not the caesarean section which caused the health problems, as these could be due to the mother’s health, and further research is needed. The Authority did not uphold a complaint that the teaser was sensationalist and misleading, in breach of the accuracy standard....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on Prime Minister Bill English’s experience during Waitangi Day, including a phone call with the President of the United States of America, President Trump. During an introduction to the item, the newsreader referred to President Trump’s ‘anti-Muslim travel ban’. The Authority did not uphold a complaint that the newsreader’s statement was inaccurate and unbalanced. The focus of this item was not the precise terms of Executive Order 13679 or its implications, but rather Bill English’s experiences on his first Waitangi Day as Prime Minister, during which his phone discussion with President Trump took place. In this context, the newsreader’s shorthand description of the Order was acceptable. The Authority pointed out, however, that broadcasters should take care when adopting commonly used shorthand terms, as this may not always be sufficient to meet standards of accuracy....

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Summary[This summary does not form part of the decision. ]An item on Fair Go reported on a family who had purchased land in Papamoa only to find that the section had an actual size of 258m2, rather than the 296m2 shown on the property title and in their Sale and Purchase Agreement (SPA). The item found that the surveyor was responsible for the incorrect description on the title. However, the item also discussed an extract from an email sent to the purchaser by the real estate agent involved, Wayne Skinner, asking for a notation on the SPA seeking verification of the land site to be removed....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]On an episode of Seven Sharp, the hosts discussed the Trans-Pacific Partnership (TPP) and interviewed a law professor. The professor explained the contrast between the dispute resolution mechanisms of the TPP and those of the World Trade Organisation (WTO). After the interview, one host asked the other, ‘So these foreign countries could potentially hold the government for ransom down the track? Surely it goes both ways; surely we’ll have some control’. The other host replied, ‘Of course it does. Who did we take to the WTO? We’ve taken a number of countries to the WTO. . . ’ The Authority did not uphold a complaint that this was misleading in that it suggested that TPP disputes would go through a similar process as the WTO, when in fact this was not the case for investor-state disputes....

Summary[This summary does not form part of the decision. ]The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, '[O]bviously as he's speaking in Māori, in te reo, and the vast majority of us aren't going to understand that. . . let's go back to David Cunliffe. . . ' and the broadcast crossed to Mr Cunliffe's speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-002:Helm and Television New Zealand Ltd - 1993-002 PDF321. 84 KB...

Download a PDF of Decision No. 1990-016:Hon Richard Prebble MP and Television New Zealand Ltd - 1990-016 PDF2. 82 MB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about Muslim outrage caused by cartoons first published in Denmark depicting the prophet Mohammed – item concluded with satirical depiction of Jesus Christ – allegedly in breach of good taste and decency, unbalanced and unfair in that it encouraged the denigration of ChristiansFindingsStandard 1 (good taste and decency) – context – not upheld Standard 4 (balance) – contrast in attitudes to freedom of speech about religious convictions is controversial issue of public importance – dealt with in balanced way in full item – not upheld Standard 6 (fairness) and guideline 6g (denigration) – lampooning of Christians did not amount to blackening of reputation – not upheld Standard 7 (programme classification) – news and current affairs not subject to classification system – warning was broadcast – not upheld Standard 9 (children’s interests) – warning included before current affairs item – not upheldThis headnote…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about the employment of disabled person – employer told of physical disability only – employee had mental health disability as well – disruption of staff – employer believed that she should have been told of mental health disability – allegedly discriminated against mentally disabledFindings Standard 6 and Guideline 6g (discrimination) – item focused on specific employee and presenter’s comment on specific employer – not upheld This headnote does not form part of the decision. Broadcast [1] The disruption caused by an employee with a mental health disability was recounted by a Nelson hairdresser in an item on Holmes broadcast on TV One at 7. 00pm on 21 June 2004....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item on New Zealand’s poor record of child abuse – recited list of recent cases of abuse and murder – presenter referred to “father” as perpetrator – allegedly inaccurate and unbalanced Findings Principle 4 (balance) – balance aspect of complaint more appropriately dealt with under Principle 5 (accuracy) – statements of fact rather than particular perspective or opinion – not upheld Principle 5 (accuracy) – item later clarified that perpetrators often male figure other than natural father – overall item not inaccurate – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Holmes, broadcast on TV One on 30 June 2004, concerned New Zealand’s record of child murder and abuse....

Complaint American Beauty – film - numerous sexual references – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guideline 9c – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] The film American Beauty was screened on TV2 at 8. 30pm on Sunday 10 November 2002. The film is about a bored middle-aged man who becomes "love-struck" with one of his daughter’s friends. His fantasies lead him to turn his life upside down. [2] Murray Baylis complained to Television New Zealand Ltd, the broadcaster, that the sexual references and sexual messages in the film would be offensive to many New Zealanders, especially to people aged 12 – 16 years....