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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-093 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P F NOBLE of Mount Maunganui Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary The dissatisfactions expressed by a number of students at the New Zealand Film and Television School in Christchurch were examined in items broadcast on Holmes on 15 and 16 December 1998. A follow-up item was broadcast on Holmes on TV One between 7. 00–7. 30pm on 12 April 1999. The Managing Director of the New Zealand Film and Television School Ltd (Ms Marilyn Hudson) complained to Television New Zealand Ltd that the April item was unfair and unbalanced, and inaccurate in a number of respects. TVNZ considered that one aspect of the item was unfair, and in breach of the standards, as Ms Hudson was not advised that a telephone conversation between herself and a student, contained in the broadcast, was being recorded. It declined to uphold any other aspect of the complaint relating to the alleged inaccuracies or lack of balance....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – light-hearted commentary on a TV3 presenter’s telephone call to Wellington High Court about Justice Ron Young who was hearing TV3’s appeal against some decisions of the Broadcasting Standards Authority – Holmes presenter (Paul Holmes) said that TV3’s presenter (John Campbell) had been getting it “up the chutney” at the appeal hearing – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldObservation When complaint referred to the Authority under s. 8(1)(b) in which there is doubt whether broadcaster has had the opportunity to investigate the complaint, the Authority will clarify processes with the broadcaster before formal action initiatedThis headnote does not form part of the decision....

ComplaintHolmes – item regarding registration of Kopukairoa as wāhi tapu – examined the concerns of four landowners affected by the registration – unbalanced – inaccurate – unfair FindingsStandard 4 – failed to present range of views – unbalanced – uphold Standard 5 – factual inaccuracies – partial – uphold Standard 6 – Iwi dealt with unfairly – uphold OrderBroadcast of statementPublish statement in Bay of Plenty Times This headnote does not form part of the decision. Summary [1] The concern of four Pakeha landowners on Kopukairoa, because of the registration of the mountain in the Bay of Plenty as wāhi tapu, was dealt with in an item broadcast on Holmes at 7. 00pm on 18 November 2002. The item included interviews with the four landowners and Mr Toni Paraire who, it was said, represented the views of the local Māori who registered the wāhi tapu....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-123 Decision No: 1997-124 Dated the 25th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by R J A MILLER of Invercargill and L SMITH of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Download a PDF of Decision No. 1993-129:Kubala and Television New Zealand Ltd - 1993-129 PDF269. 54 KB...

SummaryAn item on Holmes examined "Operation Youthcare", a police and community initiative dealing with some problems arising from children and young people frequenting the city centre of Nelson at night. Part of the filming took place in the police station where a number of young people were being held or questioned. It was reported that, in some cases, their parents were summoned to the station. The item was broadcast on TV One on 10 June 1999, commencing at 7. 00pm. G complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his and his daughter’s privacy were breached by the filming. Both he and his daughter were identifiable, he wrote. He also complained that the broadcast of the details of a private conversation between his daughter and a police officer breached her privacy....

Summary In an item on Holmes broadcast on 1 July 1998 between 7. 00–7. 30pm, tributes were paid to a nine-year-old girl who had died from a brain tumour. It was reported that in spite of having had surgery in the United States, she had recently died. Mrs Hunt of Auckland complained to Television New Zealand Ltd, the broadcaster, that the close up pictures of "a very ill, sad and distressed child" were totally unnecessary and would have caused distress to any parents or children suffering from terminal illnesses. She said she considered it in the worst possible taste to show pictures of a child close to death, and she contended it was particularly disturbing to children. TVNZ emphasised that the tribute to the little girl reflected the Holmes team’s esteem for her....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDWARD MALCOLM and OTHERS of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Summary An item on the Holmes programme examined the situation of a woman and her eight year old son who was described as suffering from Attention Deficit Disorder Syndrome. Footage of the child, exhibiting what were said to be some behavioural problems of the syndrome, was shown on the programme which was broadcast on TV One on 4 March 1999 commencing at 7. 00 pm. Ms Burnell complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the programme violated the child’s rights of privacy and confidentiality. He was identified by his first name, his face was visible, and he clearly expressed his total opposition to being filmed for public viewing, she wrote....

ComplaintHolmes – item about Death with Dignity Bill – man featured with motor neuron disease – wanted choice about his time of death – unbalanced FindingsStandard 4 – human interest story – referred to issue of euthanasia – euthanasia canvassed in other programmes – no uphold This headnote does not form part of the decision. Summary [1] Shortly before the Death with Dignity Bill was to have its first reading in Parliament, an item on Holmes featured a person dying from motor neuron disease who hoped the Bill would be passed. If the Bill was passed, the person said that he would have the right to choose the time of his death. The item was broadcast on TV One at 7. 00pm on 29 July 2003. [2] D A Armstrong and P Schaab both complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced....

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

Download a PDF of Decision No. 1992-072:Minister of Health (Hon Simon Upton) and Television New Zealand Ltd - 1992-072 PDF489. 34 KB...

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Summary An item broadcast on Holmes on TV One on 15 December 1997 focussed on two teenage girls whose mother had died, owing about $2,000 to Adelphi Finance. The broadcast related how the girls’ father had moved in to care for them and how, shortly after, furniture in their house had been repossessed on behalf of that company. Adelphi Finance Ltd, through its solicitors, complained to Television New Zealand Limited, the broadcaster, that the item was factually inaccurate, distorted the actual events, was unbalanced and partial, and presented a misleading impression of both the complainant and the circumstances of the repossession. TVNZ responded that the complainant was given every opportunity to present its side and to have it included in the item. Further, it noted that a studio summation of the complainant’s case was included at the end of the broadcast....

Download a PDF of Decision No. 1991-039:Thai Community and Television New Zealand Ltd - 1991-039 PDF...

ComplaintHolmes – labelling on food packages – false nutrition advice – inaccurate FindingsStandard G1 – not inaccurate – no uphold This headnote does not form part of the decision. Summary During the course of a discussion about providing nutritional information on packaged foods, the presenter described saturated fats as "killer fats". Her comment came during a Holmes item broadcast on TV One on 19 October 2000 beginning at 7. 00pm. Valerie James complained to Television New Zealand Ltd, the broadcaster, that the presenter had provided false nutritional advice when she warned that saturated fats were harmful. TVNZ emphasised that the item had been concerned with what information customers wanted to find on packaged foods, rather than with whether saturated fats were harmful....

Complaint Holmes – interview with Prime Minister about refugees – reference to Nauru as a pile of bird shit – offensive language – inappropriate for school children FindingsStandard G2 – crude but acceptable in context – no uphold Standard G12 – minimal impact on children – no uphold This headnote does not form part of the decision. Summary [1] Nauru was described as a "pile of bird shit" by the presenter on Holmes when interviewing the Prime Minister and the Leader of the Opposition about the Government’s decision to take 150 refugees from the Tampa. The item was broadcast on Holmes on 3 September 2001 beginning at 7. 00pm. [2] Alfred Howard complained to Television New Zealand Ltd, the broadcaster, that the phrase was totally inappropriate and offensive. He expressed particular concern that school children would hear the language....

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....