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Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

ComplaintOne News – pronunciation of "Waikato" – denigration of New Zealand English and its speakers FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The pronunciation of "Waikato" during One News, broadcast on TV One at 6. 00pm on 29 March 2002, was the subject of a complaint. [2] Peter Zohrab, on behalf of the New Zealand Equality Party, complained to Television New Zealand Ltd, the broadcaster, that the pronunciation was incorrect. He considered the manner of pronunciation was "racist" and encouraged the denigration of New Zealand English and its speakers. [3] TVNZ declined to uphold the complaint. It did not consider that its pronunciation of "Waikato" in any way denigrated New Zealand English. [4] Dissatisfied with TVNZ’s decision, Mr Zohrab referred his complaint to the Broadcasting Standards Authority under s....

ComplaintTaste New Zealand – profiles of some food entrepreneurs included one on Ron Hubbard – did not refer to his membership of the Food and Nutritional Advisory Committee and that Committee’s attitude to soy – unbalanced FindingsSection 4(1)(d) – Standard 4 – item did not deal with controversial issue – standard not relevant – no uphold – advise that future marginal complaints may be considered vexatious and trivial This headnote does not form part of the decision. Summary [1] Taste New Zealand is an entertainment series about the food industry. The episode broadcast at 8. 00pm on TV One on 25 September 2002 presented some profiles about a number of successful food entrepreneurs. Ron Hubbard of Hubbard Foods Ltd was one of the entrepreneurs featured. [2] Richard James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – investigated high teenage pregnancy and abortion rates in New Zealand – interviewed two girls who unexpectedly fell pregnant, one of whom chose to have an abortion – presenter conducted studio interview with an “expert in youth sexual health” – allegedly unbalanced FindingsStandard 4 (controversial issues) – item discussed why teenage pregnancy rate was so high in New Zealand, not the merits of abortion – viewers would have been aware of alternative viewpoints – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7. 30pm on 28 October 2010, considered high teenage pregnancy and abortion rates in New Zealand. The presenter stated in the introduction, “The issue is not about the rights or wrongs of abortion....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Bad Santa – promo screened during family Christmas movie The Santa Clause 2 – contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield – “Bad Santa” told child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa he replied “No, it was her sister” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 9 (children’s interests) – sexual references were implied and would have gone over the heads of younger viewers – promo was correctly rated PGR and did not contain any material which warranted a higher classification of AO – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – most viewers would not have been offended by the promo when broadcast in this…...

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. 1992-030:McIntosh and Television New Zealand Ltd - 1992-030 PDF336. 63 KB...

Download a PDF of Decision No. 1990-005:McAllister and Television New Zealand Ltd - 1990-005 PDF1. 03 MB...

Summary [This summary does not form part of the decision. ]Fair Go reported on an elderly man who had difficulties with his dentures and explored his legal rights. The Authority declined to uphold a complaint from the dentist who made the dentures, finding that he was only identifiable to a very limited group of people, no private facts were disclosed about him and the disclosure was not highly offensive as he was not portrayed in an overly negative light. Not Upheld: Fairness, Privacy, Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Fair Go discussed the case of an elderly man, X, who complained of difficulties with his new dentures. [2] X's dentist, DD, complained that the item reflected negatively on his dental practice and the services offered to X, which breached his privacy and was unfair....

Summary[This summary does not form part of the decision. ]An item on ONE News covered the quarrying of a Dunedin landmark, Saddle Hill, and featured interviews with three people opposed to the quarrying. The reporter stated that quarry owner Calvin Fisher did not respond to his request for an interview, although an offer had been made to ‘replace the hill once the rock has been taken away’. TVNZ upheld Mr Fisher’s complaint, finding that insufficient attempts were made to contact Mr Fisher and the reporter unfairly represented that he was not willing to comment. TVNZ apologised in writing to Mr Fisher, removed the story from its website and discussed the upheld complaint with the reporter and management. However the Authority upheld Mr Fisher’s complaint that this action was insufficient to remedy the breach....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-069 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-110 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W M MOORE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

ComplaintThe Last Word – power crisis – interview on 10 April with Save Energy spokesperson – comment by presenter on 30 April – both unbalanced FindingsStandard 4 and Guideline 4a – 10 April – speaker given opportunities to respond in item with a chat format – no uphold; 30 April – presenter’s brief contribution to debate discussed extensively elsewhere – no uphold Standard 6 – interviewee on 10 April not treated unfairly – no uphold This headnote does not form part of the decision. Summary [1] The power crisis was dealt with in an item on The Last Word broadcast on TV One at 10. 30pm on 10 April 2003. The Save Energy spokesperson was interviewed and the presenter commented that she did not intend to save power because the crisis was "the Government’s fault"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Michael Jackson's Mind looked at history of Michael Jackson's unconventional behaviour – behaviour analysed by psychiatrists and psychologists – comments sought from range of other people – programme used extracts from previous documentary Living with Michael Jackson – allegedly unbalanced and unfairFindings Standard 4 (balance) – not controversial issue of public importance – balance not required – not upheld Standard 6 (fairness) – Authority unable to determine whether extracts of Martin Bashir documentary used in context – decline to determine – other comments by psychiatrist not unfair – not upheldThis headnote does not form part of the decision. Broadcast [1] On 30 May 2005, at 9. 30pm, TV2 broadcast a documentary entitled Michael Jackson's Mind....

Chair Joanne Morris declared a possible conflict of interest and did not participate in the determination of this complaint. ComplaintFace to Face with Kim Hill – interview about seabed and foreshore issue with John McEnteer – complaint that item unbalanced and unfair FindingsStandard 4 – “devil's advocate” approach used – interviewee not intimidated – not unfair – not upheld Standard 6 – style enabled issues to be explored – not unbalanced – not upheldThis headnote does not form part of the Decision Summary [1] John McEnteer of the Hauraki Trust Board was interviewed about the seabed and foreshore controversy on Face to Face with Kim Hill at 9. 30pm on TV One on 9 October 2003. [2] Garry Hooker complained to Television New Zealand Ltd, the broadcaster, that the interview was unfair and unbalanced as Mr McEnteer was interrupted and had been subjected to aggressive and “Pakeha-biased” questioning....

ComplaintDocumentary New Zealand: "To Age or Not to Age" – misleading – adverse health outcomes possible – unbalanced – broadcaster (TVNZ) upheld balance complaint – not impartial – broadcaster investigating commissioning possible documentary on dieting and ageing in 2002 – action taken insufficient FindingsImportant information contained in programme – action taken insufficient OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] "To Age or Not to Age" was the title of the documentary broadcast by TV One at 8. 30pm on 30 July 2001 in the weekly documentary time slot. Using a number of medical criteria, the programme set out to measure the effectiveness of the approaches promoted by Leslie Kenton for staying healthy and feeling younger....

Decision The members of the Authority have viewed a tape of the film complained about and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing. Mulholland Falls, a film about organised crime in Los Angeles, was broadcast on TV2 on 25 October 1999 beginning at 8. 30pm. It followed the adventures of a special police squad which had been set up to destroy gangs. Stuart Maclean complained to TVNZ that the opening sequence, which depicted what he said was the beginning of oral sex, was not of a standard consistent with good taste and decency and was completely unacceptable at 8. 30pm on a channel which purported to be a family channel. TVNZ assessed the complaint under standards G2 and G12 of the Television Code of Broadcasting Practice....

Complaints under section 8(1)(c) of the Broadcasting Act 1989Holmes – item about person flying New Zealand flag at home in dispute with neighbours – complainants who are neighbours named and their home shown – complainants have long history of community service – private facts disclosed – alleged breach of privacy Findings Standard 3 (Privacy) Privacy Principles (i), (iii), (iv), and (v) – dispute about flag had been heard in the District Court – accordingly not private – not upheld This headnote does not form part of the decision. Broadcast [1] A dispute between Mr Brian McGinty of Orewa and his neighbours, including Sir Ross and Lady Jansen, was dealt with in an item broadcast on Holmes on TV One on 18 March 2004 beginning at 7. 00pm. The dispute was about Mr McGinty’s neighbours objecting to his desire to fly a New Zealand flag on his property....

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....