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Complaint under section 8(1)(a) of the Broadcasting Act 19893 News and Nightline – footage of an assault on a man charged with child abuse – described as “street justice” – allegedly in breach of law and orderFindings Standard 2 (law and order) – crime was not endorsed or glamorised – “street justice” a colloquialism – broadcaster did not condone assault – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6pm on 1 April 2005 detailed the lifting of name suppression in a prominent child abuse case. The piece contained footage of an assault on the accused that had screened previously when the name suppression order was still in effect. The voiceover stated: Last week when he appeared in court it was street justice being meted out on [the accused]....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 157/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C A MAUDE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1)(b) of the Broadcasting Act 1989South Park – picture of a statue of Jesus Christ – voice said “Look at me, I’m Jesus. Would you like me to crap on you Mr Bush?...

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Sports Tonight – words “tough” and “disconnect” allegedly used by presenters – allegedly in breach of good taste and decency, law and order, and privacy Findings Standards 1 (good taste and decency), 2 (law and order) and 3 (privacy) – adequate response from broadcaster – use of the words did not threaten broadcasting standards in any way – not upheld This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Friday 25 September 2009. Sports Tonight was broadcast on TV3 at 11pm on Wednesday 30 September 2009....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item on duck hunting – hunter pointed a rifle at the camera – allegedly in breach of good taste and decency, law and order and violence Findings Standard 2 (law and order) – hunter’s action was intended to be humorous and light-hearted – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 2 Standard 10 (violence) – subsumed into consideration of Standard 2 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6....

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item about file sharing software – showed images from a snuff movie three times during short item – woman seen begging not to be filmed with a gun held to her head – gunshot heard on one occasion but with no image – allegedly in breach of good taste and decency, law and order, privacy, fairness, children’s interests and violence standards – broadcaster upheld complaints under Standard 1, spoke to news staff and broadcast on-air apology – complainants dissatisfied with decision and action taken FindingsStandard 2 (law and order) – broadcaster did not encourage viewers to break the law or glamorise the criminal activity shown – not upheld Standard 3 (privacy) – irrespective of whether the snuff movie was real or fake, no breach of privacy – not upheld Standard 6 (fairness) – unable to determine whether woman treated fairly – decline…...

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

ComplaintBreakfast session – Lakes FM – skit about felling trees for runway extension in Rotorua – bad taste – unbalanced – irresponsibleFindingsPrinciple 1 – sensitive issue, but not precluded from satirical treatment – no uphold Principle 2 – no uphold Principle 4 – other viewpoints aired – no uphold Principle 7 – humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on Lakes FM on 19 September 2000 at about 7. 20am, two breakfast session hosts joked about felling trees to enable the runway at Rotorua airport to be extended. The background noises included the sound of chainsaws. Ngati Rangiteaorere, the owners of a stand of trees adjacent to the airport, complained through their solicitors to Lakes FM about the broadcast....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item about a painting by Philip Clairmont called “The Possum” – discussed who owned the painting, the authenticity of the signature and whether it was intended to be sold as a serious work – included interviews with Mr Clairmont’s son, ex-partner and one of his friends – allegedly in breach of law and order, privacy, balance, accuracy and fairness Findings Standard 6 (fairness) – item treated the complainant fairly – not upheld Standard 5 (accuracy) – accurate to state that the complainant had made thousands from the sale of Clairmont artworks – decline to determine under section 11(b) whether the signature was genuine – item did not imply that complainant had forged the signature – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity –…...

Summary[This summary does not form part of the decision. ]During Morning Talk with Mark Sainsbury a caller to the programme discussed her experience with divorce legal proceedings in the Family Court and subsequent appeals. A complaint was made that, by allowing the caller to disclose details of the proceedings, the broadcaster breached the law and order standard. The Authority expressed serious concerns with the way in which the call was allowed to progress, as private information was disclosed by the caller which had been suppressed in the Family Court. The Authority found the broadcaster needs to be more alert to the issues surrounding Family Court matters and similar proceedings as issues of contempt, as well as fairness and privacy, may arise....

In an episode of Mai Home Run, one of the radio presenters related a story about accidentally taking and not returning a bag containing items, including a gaming console, belonging to Lil’ Romeo. The presenter also disclosed the name of one of the people involved in the story. The Authority upheld the complaint that the item breached the privacy standard, finding that the named individual was identifiable and would have had a reasonable expectation of privacy in relation to the information disclosed. The Authority also found the disclosure to be highly offensive to a reasonable person, as it had the potential to significantly damage the named person’s reputation. The Authority did not uphold the complaint under the law and order standard, finding that in context the broadcast did not encourage or actively promote serious anti-social or illegal behaviour....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-058 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT D of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – broadcasts unsuitable for children Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) 22 November broadcast – 6. 31am – Principle 1 – uphold (3) 22 November broadcast – 6. 39am – no uphold (4) 23 November broadcast – 6. 39am – Principle 1 – uphold (5) 26 November broadcast – 7. 40am – Principle 1 – uphold – Principle 7 and Guideline 7b – uphold (6) 27 November broadcast – 6. 35am – action taken insufficient – uphold (7) 30 November broadcast – 6. 36am – action taken insufficient – uphold (8) 6 December broadcast – 6. 19am – no uphold OrderTotal costs to the Crown in the sum of $3,000Cross-references: 2001-071–084; 2001-138–204 This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Māori Television – news programme Te Kaea – complainant stated that he appeared on programme – programme allegedly unbalanced as not in English – allegedly in breach of law and order standard as complainant denied right to speak in English on programme. FindingsComplaint does not raise any issues of broadcasting standards – decline to determine under s. 11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] Te Kaea is Māori Television’s nightly news programme, broadcast at 8:30p. m. Complaint [2] Peter Wakeman complained to Māori Television, the broadcaster, that Te Kaea, broadcast on 8 July 2004, breached Standard 4 (balance) and Standard 2 (law and order) of the Free-to-Air Television Code of Broadcasting Practice. Mr Wakeman complained that as Māori Television does not broadcast news in English, Te Kaea was unbalanced....

The Authority has not upheld a complaint that a Morning Report item stating ‘Protesters occupying Parliament grounds have been calling for reinforcements…’ breached the law and order standard. The Authority found in the context the item did not actively encourage or promote illegal behaviour. In any event, the public interest in the item meant the right to freedom of expression outweighed any potential harm. Not Upheld: Law and Order...