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Decisions
Mochnacki and Radio New Zealand Ltd - 2022-008 (16 February 2022)
2022-008

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Decisions
Whitham and TV3 Network Services Ltd - 1999-178
1999-178

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

Decisions
Bennett and Television New Zealand Ltd - 2008-015
2008-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

Decisions
Jonson and CanWest RadioWorks Ltd - 2005-099
2005-099

Complaint under section 8(1)(a) of the Broadcasting Act 1989RadioWorks news item broadcast on More FM, Radio Live and Radio Pacific – complainants had been convicted of failing to move stock ahead of flooding – news item reported that Federated Farmers would fund appeal – SPCA said appeal condoned negligence – one named farmer reported as saying appeal should not be supported by Federated Farmers as flooding was not unusual and, on the occasion resulting in the conviction, neighbours had offered to move cattle – allegedly lacked balance, inaccurate, unfair and breached privacyFindingsPrinciple 2 (law and order) – not applicable – not upheldPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – complaint dealt with under Principle 5Principle 5 (fairness) – no unfairness in broadcaster’s dealings with the complainants – no unfairness with comments advanced – not upheldPrinciple 6 (accuracy) – complaint dealt with under Principle 5Principle…...

Decisions
O'Neill and Television New Zealand Ltd - 1990-029
1990-029

Download a PDF of Decision No. 1990-029:O'Neill and Television New Zealand Ltd - 1990-029 PDF1. 33 MB...

Decisions
Blue and Television New Zealand Ltd - 2011-045
2011-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hooked in New Zealand – host and other competitors in a fishing competition shown drinking beer and shots of sambuca – allegedly in breach of law and order and liquor standards FindingsStandard 11 (liquor) – programme contained liquor promotion but it was not socially irresponsible – not upheld Standard 2 (law and order) – programme did not glamorise, promote or condone illegal behaviour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Hooked in New Zealand, a locally made fishing programme, was broadcast on TV One at 1. 30pm on Sunday 13 February 2011. In this episode, the host and his friend entered the “Cleanco Classic” 24-hour fishing competition on Great Barrier Island. As the contestants gathered for the fishing competition, a number of the other fishermen were shown holding bottles of beer....

Decisions
Henderson and Quayle and TVWorks Ltd - 2009-108
2009-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Dexter promo – contained footage of upcoming episodes with themes of murder and torture – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo contained adult themes – incorrectly classified PGR – content warranted an AO classification – upheld Standard 9 (children’s interests) – promo incorrectly classified – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 8 and 9 Standard 2 (law and order) – promo did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld No Order This headnote does not form part of the decision....

Decisions
Boyce, Nevell and Simmers and CanWest TVWorks Ltd - 2006-062
2006-062

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…...

Decisions
Guy and RadioWorks Ltd - 2011-090
2011-090

Complaint under section 8(1C) of the Broadcasting Act 1989The Morning Fix – host described his experience of receiving a speeding ticket – said that if he had slowed down, “I probably would have held up traffic and frustrated people” and, “I hope the $120 goes towards some good boot polish and moustache trimmer” – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 2 (law and order) – host relaying personal story – comments intended to be comedic – did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Fix, broadcast on More FM from 5....

Decisions
Pepping and TVWorks Ltd - 2009-014
2009-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Decisions
Maguire and Radio New Zealand Ltd - 1995-115
1995-115

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BARRY MAGUIRE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Talaepa and The Radio Network Ltd - 2007-048
2007-048

Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

Decisions
McKay and TVWorks Ltd - 2009-121
2009-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – reported on alleged immigration scam and Gerard Otimi’s appearance in court – included a graphic “Immigration Scam” – allegedly in breach of law and order, balance, accuracy and fairness standards FindingsStandard 5 (accuracy) – graphic not inaccurate in context of whole item which referred to “alleged” scam and “charges” – not upheld Standard 6 (fairness) – would have been clearer to phrase graphic as a question – item made it clear the scam was “alleged” and Mr Otimi was facing charges – absence of question mark did not result in Mr Otimi being treated unfairly – not upheld Standard 4 (balance) – item reported on Mr Otimi’s appearance in Court – did not discuss a controversial issue of public importance – not upheld Standard 2 (law and order) – item did not encourage or glamorise criminal activity – not upheld This headnote…...

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Fraser and TV3 Network Services Ltd - 1996-111, 1996-112
1996-111

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-111 Decision No: 1996-112 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M FRASER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Kennedy and Television New Zealand Ltd - 1996-166
1996-166

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-166 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARY KENNEDY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Curran and NZME Radio Ltd - 2021-165 (11 April 2022)
2021-165

At the beginning of the Weekend Sport programme on Newstalk ZB, host Miles Davis referred to the ‘gridlock’ protest regarding COVID-19 restrictions. Davis said he had a message for the protestors, critiquing their form of protest and expressing what he would do if the protest blocked Davis on the road, including they would gain ‘a tyre iron’ through their windows followed up with some ‘football hooliganism’. The complainant stated this portion of the programme breached the good taste and decency, violence, and law and order standards as it incited violence. The majority of the Authority declined to uphold the complaint, finding the comments, on balance, constituted satire and humour and did not reach a threshold justifying regulatory intervention. The minority found the comments were likely to incite violence and breached all standards raised. Not Upheld by Majority: Good Taste and Decency, Law and Order, Violence...

Decisions
Lee and TV3 Network Services Ltd - 1995-160
1995-160

THE BROADCASTING STANDARDS AUTHORITY Decision No: 160/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALICIA LEE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Clarkson and Canterbury Television Ltd - 1994-054
1994-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 54/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Lowe and TV3 Network Services Ltd - 2002-109
2002-109

ComplaintNightline – item about "Puppetry of the Penis" – penis obscured – inaccurate as truth concealed – sexualising human body breach of law and order FindingsStandards 2 – legal process followed – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] The show "Puppetry of the Penis" was discussed during an item broadcast on Nightline at about 11. 00pm on 29 April 2002. The item did not include any visuals of penis puppetry as the reporter stated that the "full monty" would not be revealed in view of compliance with "broadcasting standards". [2] John Lowe complained to TV3 Network Services Ltd, the broadcaster, that in view of the material shown in other programmes, the comment was inaccurate. He also said that the item breached the requirement for standards consistent with the maintenance of law and order....

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