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Summary[This summary does not form part of the decision. ]An episode of Criminal Minds featured the murder of three restaurant workers during an armed robbery, prompting the FBI’s Behavioural Analysis Unit to re-open a similar cold case that occurred six years earlier. The episode contained violence and drug use. The Authority did not uphold the complaint that the episode breached broadcasting standards relating to responsible programming, children’s interests and law and order. The Authority found that while the episode contained challenging content, it was classified AO and was preceded by an adequate warning. The programme’s classification, pre-broadcast warning and established reputation as a crime drama enabled viewers to make an informed viewing decision. The programme did not contain visual acts of violence, and the drug use was not portrayed in an instructional or encouraging manner and was part of the episode’s narrative context....

Summary[This summary does not form part of the decision. ]A 1 News item reported on an incident involving All Black Aaron Smith. Two witnesses claimed that while on official All Black business, Mr Smith used a disabled toilet in Christchurch Airport for a ‘sexual encounter’ with a woman who was not his partner. The item briefly showed a photo of Mr Smith and his partner. The Authority did not uphold a complaint that the item breached Mr Smith’s partner’s privacy. Information about her identity and her relationship to Mr Smith was publicly known and had already been the subject of widespread media coverage in relation to the incident prior to the broadcast. This was therefore not information over which she had a reasonable expectation of privacy. The 1 News item also disclosed less information about Mr Smith’s partner than other media outlets had already disclosed....

The Authority did not uphold a complaint that an episode of Sunday about legal proceedings brought against Claims Resolution Service Ltd breached the accuracy or fairness standards. The programme discussed the service provided by Bryan Staples and Claims Resolution Service Ltd to Christchurch home owners looking for help to resolve claims with their insurance companies and the Earthquake Commission after the Canterbury earthquakes. The Authority found that none of the statements made about the proceedings raised by the complainants were inaccurate or misleading. The Authority also found that the edited version of a phone call between Mr Staples and John Campbell that was broadcast fairly and accurately reflected the tenor of the views expressed by Mr Staples. Finally the Authority found that TVNZ gave Mr Staples a fair and reasonable opportunity to comment prior to the broadcast. Not Upheld: Accuracy, Fairness...

The Authority did not uphold a complaint that the use of the term ‘synthetic cannabis’ in a 1 News segment that reported on these products and their likely link to a number of deaths breached the accuracy or programme information standards. The Authority cited a recent decision where it found that while these products do not contain actual cannabis, the term ‘synthetic cannabis’ is commonly used to describe them and is unlikely to mislead viewers. Therefore, the Authority did not consider it likely viewers would be significantly misinformed by its use in this broadcast. The Authority also did not identify any breaches of the programme information standard. Not Upheld: Accuracy, Programme Information...

The Authority has not upheld a complaint an item on 1 News concerning the deaths of over 125 people at Kanjuruhan Stadium in Indonesia breached the balance and accuracy standards. The complainant alleged it was offensive and careless to compare this tragedy to the 1989 Hillsborough disaster, as in Hillsborough the ‘fans played no role in causing the disaster. ’ The Authority found the balance standard did not apply as the broadcast’s mention of other disasters at football stadiums did not constitute a ‘discussion’ for the purposes of the standard. It did not uphold the complaint under the accuracy standard as it was not misleading to suggest Hillsborough was one of football’s worst tragedies. Not Upheld: Balance, Accuracy...

Chair Joanne Morris declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about proposed Private Member’s Bill – said “a National MP’s plan to give more young people a chance of a job looks doomed to fail” – allegedly unbalanced and inaccurate Findings Standard 4 (balance) – item did not leave the impression that the bill was a positive thing – focused on the fact that the bill looked set to fail – appropriate range of significant perspectives presented – not upheld Standard 5 (accuracy) – introduction did not state as a fact that the bill would give young people more jobs – only stated that this was “a National MP’s plan” – not inaccurate – not upheld This headnote does not form part of the decision....

The Authority has not upheld a complaint that news items on 1 News about New Year’s celebrations welcoming in 2020 were inaccurate when referencing the start of ‘the second decade’. The Authority found that the broadcast did not refer to ‘the second decade’, only ‘the new decade’. The reference to 2020 as the start of a new decade (when arguably the decade begins in 2021, as modern calendars began counting at 1) did not amount to a material inaccuracy for the purposes of the accuracy standard. The Authority also found that the broadcast’s references to ‘the new decade’ (and similar) were not inaccurate as the term has different meanings when used from calendrical and cultural perspectives. Not Upheld: Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that an episode of Breakfast, in which the phrase ‘he rooted my missus’ was read out on air, breached the good taste and decency standard. The Authority found that while the phrase was coarse and may have offended some viewers, the term ‘rooted’ was unlikely to undermine or violate widely shared community norms. Overall, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and DecencyThe broadcast[1] During an episode of Breakfast presenter Jack Tame read out some viewer feedback which included the phrase ‘he rooted my missus’. Other presenters on the show were shocked, laughed and said, ‘you can’t read that....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Border Patrol – footage of hedgehogs and ducks to which explosives had been attached – footage of wall splattered with blood and feathers – allegedly offensive and unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – restrained images – not upheldThis headnote does not form part of the decision. Broadcast [1] A disc containing images of extreme cruelty to animals was among hundreds of discs seized by a Customs Officer. The seizure was dealt with in an episode of Border Patrol and the item included footage of hedgehogs and ducks which had been tied up and had explosives attached to them. It also included footage of walls splattered with blood and feathers. The episode of Border Patrol was broadcast on TV One at 7. 30pm on 23 May 2005....

ComplaintFair Go – comments about complainant which collects membership fees for fitness centres – complaint that item unbalanced, inaccurate and unfair Findings Standard 4 – subsumed under Standard 6 Standard 5 – subsumed under Standard 6 Standard 6 – one aspect of discussion of credit contracts omitted relevant information provided by complainant – unfair – uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] Some of the activities of Adfit Membership Services Ltd, a company which collects membership fees for more than 100 fitness centres, were investigated in an item on Fair Go, broadcast on TV One at 7. 30pm on 10 September 2003. Fair Go is a consumer rights programme which looks at issues from the consumers' perspective....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....

ComplaintSpace – music video – Massive Attack – focused on stripper – full frontal nudity – offensive behaviour FindingsStandard G2 – acceptable in context – no uphold This headnote does not form part of the decision. Summary [1] A music video by the band Massive Attack was included as the final item on Space broadcast on TV2 on Friday 17 October 2001, between 10. 30 and midnight. The video showed a stripper going through her routine and finishing with full frontal nudity. Space is a magazine programme containing live music, music videos, and other multi-media events. [2] Mr Smits complained to Television New Zealand Limited, the broadcaster, that the strip routine containing full frontal nudity was offensively gratuitous, and in breach of the standards relating to taste and decency....

ComplaintWhat Now? – children’s programme – skit – revolved around farting – breach of good taste and decency – broadcaster not mindful of the effect on children FindingsStandard 1 – contextual matters – no uphold Standard 9 – skit would appeal to children – no uphold This headnote does not form part of the decision. Summary [1] What Now? , a children’s programme, broadcast on TV2 at 7. 30am on 21 April 2002, featured a parody of a well-known television commercial. The parody revolved around "farting". [2] P M McGrath complained to Television New Zealand Ltd, the broadcaster, that the item was disgusting, and not appropriate viewing material for children. [3] Declining to uphold the complaint, TVNZ said it was the policy of What Now? to encourage children to be relaxed about bodily functions and that the programme’s child development experts endorsed this approach....

ComplaintAmerica’s Funniest Home Videos – home video of girl with frogs in underwear – bad taste – breach of standards relating to protection of children FindingsStandard G2 – no offensive behaviour – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary A home video broadcast during the programme America’s Funniest Home Videos featured a young girl shown removing a number of frogs from her nappy. The programme was broadcast on TV2 at 5. 00pm on 5 May 2001. Tim Dolan complained to the broadcaster, Television New Zealand Ltd, that the broadcast breached standards relating to good taste and the protection of children. Mr Dolan considered it unlikely that the girl had put the frogs into her own nappy and that she had been coerced into appearing in the video....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the release of the Government’s Budget that day – discussed impact of the budget on a range of New Zealanders including three “high earners” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – brief references to the incomes of three high earners did not amount to a discussion of a controversial issue – not upheld Standard 5 (accuracy) – statements about the impact of the budget on three high earners were not material points of fact – viewers would have understood that the point being made was that they would have more money each week than lower earners – not misleading or inaccurate – not upheld Standard 6 (fairness) – references to incomes of high earners did not result in them being treated unfairly – not upheld This headnote does not…...

Complaint Marae – live broadcast of Aotearoa Traditional Performing Arts Festival – haka – whakapohane – nudity – buttocks – testicles – offensive behaviour FindingsStandard G2 – brief – indistinct – modified version of traditional Maori challenge – no uphold This headnote does not form part of the decision. Summary A special edition of Marae which was broadcast live from the "Aotearoa Traditional Performing Arts Festival" screened on TV One from 8. 30am until midday on 6 February 2000. Mr Potts complained to Television New Zealand Ltd, the broadcaster, that a haka performed during the programme was "grossly offensive". He objected to what he considered were close up shots of male performers’ naked buttocks and testicles. TVNZ responded that the footage had not been as explicit as Mr Potts had described....

ComplaintHolmes – interview with Probation Services Manager – conduct of the interviewer – biased – unfair Findings Standards 4 and 6 – live interview – not unbalanced – interviewee presented viewpoint – dealt with fairly – no uphold This headnote does not form part of the decision. Summary [1] An interview with the Manager of the Probation Service was broadcast on Holmes on TV One at 7. 00pm on 13 February 2003. The interview centred around the release of a report by the Probation Service regarding its management of an offender while on parole. [2] John Blackaby complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced and that the interviewee had been dealt with unfairly, because of the "bully-boy" conduct of the presenter....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the words “fuck” and “cunt” – allegedly in breach of discrimination and denigration, and responsible programming standards FindingsStandard 8 (responsible programming) – Authority has previously found that the movie was appropriately classified AO and screened at 8. 30pm – not upheld Standard 7 (discrimination and denigration) – complainant did not identify a section of the community which she considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Saturday 19 February 2011. [2] At approximately 8. 40pm, one of the characters used the word “fuck”....

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....