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Decisions
Withers and Television New Zealand Ltd - 2008-074
2008-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – interview with John Key – presenter’s comments – allegedly in breach of balance Findings Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One on the morning of Wednesday 4 June 2008 between 6. 30am and 9am. At approximately 7. 15am, one of the hosts, Paul Henry, interviewed the Leader of the Opposition, John Key. This was a weekly exchange used to balance Paul Henry’s Monday morning weekly discussions with the Prime Minister, Helen Clark. [2] In the 4 June segment, Mr Key and the host discussed the possibility of a National coalition with the Green Party....

Decisions
Amery and Television New Zealand Ltd - 2018-057 (10 October 2018)
2018-057

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an episode of Breakfast, in which the hosts and viewer feedback discussed people stealing at supermarket self-service checkouts by putting in the wrong code for items they are purchasing. The Authority found the programme did not actively encourage viewers to steal or break the law in breach of the law and order standard. Across the programme as a whole, the hosts and viewers offered a range of views on the ethics of stealing at self-checkouts, including strong views against such behaviour, and clearly acknowledged it was ‘theft’ and illegal. The tone of the discussion was consistent with audience expectations of Breakfast and its hosts, and would not have unduly offended or distressed viewers, so the good taste and decency standard was also not breached....

Decisions
Hoogenboom and Television New Zealand Ltd - 2016-033 (25 July 2016)
2016-033

Summary[This summary does not form part of the decision. ]An item on Breakfast reported on a shoot-out during an anti-terror raid in Brussels. During the item, the Europe Correspondent stated, ‘We’ve now heard that one suspect has been neutralised’. The Authority did not uphold a complaint alleging that the term ‘neutralised’ was not accurate, appropriate or neutral language. The Authority found the choice of language was not a material point of fact in the item, which focused on an anti-terror raid linked to the Paris terror attacks. Further, the term ‘neutralised’ is at times used in the context of reporting on police or counter-terrorism action. The use of this term was not biased against, and did not imply fault on the part of, the Belgian Police. Not upheld: Accuracy, Controversial IssuesIntroduction[1] A news item on Breakfast reported on a shoot-out that occurred during an anti terror raid in Brussels....

Decisions
Licari and Television New Zealand Ltd - 2006-091
2006-091

Complaint under section 8(1)(a) of the Broadcasting Act 1989Breakfast – one host made anti-Australian and anti-French remarks – allegedly in breach of good taste and decency and denigratory to the French. FindingsStandard 1 (good taste and decency) – denigration of French was essence of complaint – subsumed under Standard 6Standard 6 and guideline 6g (denigration) – high threshold for denigration not met – not upheldThis headnote does not form part of the decision. Broadcast [1] Breakfast is a news and magazine programme broadcast each weekday on TV One between 7. 00–9. 00am. On 17 July 2006, the hosts were involved in a light-hearted discussion about the marketing of New Zealand and lower-priced Chilean wine in some stores in Australia, when one of the hosts asked viewers: “Don’t you just hate Australians?” He said that he did so, and added: “It used to be the French”....

Decisions
Dick and Television New Zealand Ltd - 2020-139 (9 March 2021)
2020-139

The Authority has not upheld a complaint about a segment on Breakfast in which co-host John Campbell used the word ‘dick’ three times in reference to Donald Trump Jr. The complaint was that this pejorative use of the term ‘dick’ denigrated those, including vulnerable children, with the surname ‘Dick’, and subjected them to ridicule. The Authority acknowledged people with that surname may be more sensitive to its use in general, in broadcasting. However, it found Mr Campbell was referring specifically to Donald Trump Jr and most viewers would have interpreted it as meaning ‘a stupid or contemptible person’ – a widely understood and generally acceptable use of the term. On this basis, the Authority found the broadcast was unlikely to cause widespread offence to the general audience, or harm to children....

Decisions
PJ and Television New Zealand Ltd - 2023-062 (3 October 2023)
2023-062

The Authority has not upheld a complaint that featuring Mongrel Mob gang member Harry Tam as an interviewee on Breakfast breached the discrimination and denigration and balance standards. The complainant considered the choice of interviewee was harmful to people affected by Tam and gang-related crime. The Authority found the interview did not breach the discrimination and denigration standard, noting it was not a breach of broadcasting standards to include Tam purely on the basis of his background as a gang member. It further found no breach of the balance standard as the broadcast adequately presented significant perspectives on the issue being discussed during the interview. Not Upheld: Discrimination and Denigration, Balance...

Decisions
Casley & Stewart and Television New Zealand Ltd - 2023-075 (29 November 2023)
2023-075

The Authority has not upheld complaints about a Breakfast interview with Labour MP Tangi Utikere. During the interview, Utikere was asked about reports of a ‘leaker’ within the Labour caucus, and was repeatedly questioned on whether he himself was the leaker. The complainants alleged the interview amounted to bullying and denigrated Utikere. The Authority acknowledged the questioning was sustained, but was within the scope of the type of questioning expected of a politician, particularly in the lead up to an election, and the broadcast was not in breach of the fairness standard (with respect to treatment of Utikere or former Minister Kiritapu Allan). The balance and discrimination standards were either not applicable or not breached.   Not Upheld: Fairness, Balance, Discrimination and Denigration...

Decisions
Quinlan and Television New Zealand Ltd - 2008-095
2008-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – New York correspondent reported on Christie Brinkley’s divorce – said that her husband “masturbated to web cams” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] Breakfast was broadcast on TV One between 6. 30am and 9am on 11 July 2008. Each week, the programme’s New York correspondent reported on the latest celebrity news from the United States....

Decisions
Adams, Godinet and Parsons and Television New Zealand Ltd - 2010-145
2010-145

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Decisions
Clancy and Television New Zealand Ltd - 2012-086
2012-086

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....

Decisions
Nicholson and Television New Zealand Ltd - 2009-062
2009-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about "virtually blind" producer – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – host's comments were light-hearted and intended to be humorous – directed at one individual rather than blind people in general – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6. 30am and 9am on 17 April 2009, the hosts apologised for a noise that had occurred in the background while the news was being read. One host explained that the noise was caused by the executive producer "who's virtually blind". The host elaborated, mimicking the producer trying to read viewers' faxes, and also making a lot of noise taking a plate to the hosts as he could not see the table....

Decisions
Martin and Television New Zealand Ltd - 2009-060
2009-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made remarks about his dislike for campervans and the people who use them – allegedly in breach of good taste and decency, accuracy and fairness standards Findings Standard 1 (good taste and decency) – comments intended to be humorous – contextual factors – not upheld Standard 5 (accuracy) – host's comments were personal opinion not points of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation taking part or referred to in the programme – campervan owners not a section of the community to which guideline 6g applies – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Decisions
McGrath and Television New Zealand Ltd - 2003-015
2003-015

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

Decisions
Middleton and Television New Zealand Ltd - 2009-032
2009-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – Europe correspondent discussed 13-year-old boy who had allegedly fathered a child with a 15-year-old girl – reported that other boys had claimed there was a possibility they were the father – commented that the girl was “a bit of a goer” – presenter referred to the girl as a “slapper” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 7. 45am during Breakfast, broadcast on TV One between 6. 30am and 9am on 17 February 2009, one of the hosts interviewed TVNZ’s Europe correspondent, who provided a weekly round-up of topical European stories....

Decisions
Riley and Television New Zealand Ltd - 2010-096
2010-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

Decisions
Burrows and Television New Zealand Ltd - 2017-103 (9 March 2018)
2017-103

Summary[This summary does not form part of the decision. ]During an interview on Breakfast, presenter Hilary Barry and Hon Julie Anne Genter, Minister for Women, discussed the gender pay gap in New Zealand, the Minister’s views on possible causes of the pay gap, and what the Government intended to do to close the gap in the public and private sectors. The Authority did not uphold a complaint that the discussion was unbalanced because it did not present alternative perspectives on the existence of the gender pay gap, or its causes. The Authority did not consider the item amounted to a discussion of a controversial issue of public importance, noting there is evidence available that the gender pay gap exists, and the item did not purport to be an in-depth examination of the causes....

Decisions
Kenny and Television New Zealand Ltd - 2009-024
2009-024

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – segments concerning police shooting of innocent bystander – allegedly unbalanced Findings Standard 4 (balance) – programme discussed a controversial issue of public importance – views of the police were put forward by interviewees and viewer feedback – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 6. 50am during Breakfast, broadcast on TV One on Monday 26 January 2009, one of the hosts interviewed the New Zealand Police Association President, Greg O’Connor, following a fatal shooting by the Armed Offenders Squad of an innocent man the previous Friday. The host asked Mr O’Connor whether it was reasonable at this time to question the actions of the police officers involved. Mr O’Connor responded: . . . it’s an absolute tragedy and we have got nothing but sympathy for that family. . . ....

Decisions
Rice and Television New Zealand Ltd - 2008-078
2008-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item reported that two bodies had been found on top of a rail “carriage” – allegedly inaccurate One News – news item on the death of two men whose bodies were found on top of a rail wagon – during the item, an interviewee referred to rail “carriage” – allegedly inaccurate Findings Standard 5 (accuracy) – use of carriage technically inaccurate – distinction between carriage and wagon has been blurred by common usage over time – upholding the complaint would be an unjustified limit on the broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
Olsen-Reeder and Television New Zealand Ltd - 2015-018
2015-018

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Decisions
Stranaghan and Television New Zealand Ltd - 2017-033 (17 July 2017)
2017-033

Summary[This summary does not form part of the decision. ]A short news item during Breakfast reported that the body of a German hostage, who had been beheaded by militants in the Philippines, had been recovered. The Authority did not uphold a complaint alleging that the item depicted a ‘severed head’, which was offensive and unacceptable to broadcast, especially during a time when children were likely to be watching television. In the context of a very brief news report, the item would not have exceeded audience expectations and would not have unduly offended or disturbed viewers. The content shown was not graphic or at a level which required a warning to be given, and the story carried public interest....

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