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Summary [This summary does not form part of the decision. ] During Talkback with Karyn Hay and Andrew Fagan, the host Mr Fagan made comments about a regular caller, the complainant, who went by the name of ‘Alex’. He said ‘back in 17-something… I’d meet him on the beach as the sun came up and I’d potentially kill him or let him kill me in a duel’. The Authority did not uphold the complaint that the host had made a ‘veiled death threat’ against the complainant. It was clear the host was not making a serious death threat, but was using provocative, metaphorical language to express his strong views about the complainant. Not Upheld: Law and Order, Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Karyn Hay and Andrew Fagan, Mr Fagan made comments about a regular caller who went by the name of ‘Alex’....

Summary An advertisement for a light truck contained language which had been the subject of complaints to the Advertising Standards Complaints Board (ASCB). The Board’s decision on those complaints was reported in a news item on TV3’s 3 News on 23 March between 6. 00–7. 00pm. Extracts from the advertisement, including the offending language, was included in the item. Mr Shierlaw complained to TV3 Network Services Ltd that by screening the advertisement before 8. 30pm, as required by the ASCB, TV3 had failed to comply with standard G5 of the Television Code of Broadcasting Practice, which requires broadcasters to observe the principles of the law. As TV3 did not respond within the statutory 20 working day period, Mr Shierlaw referred his complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-014 Dated the 27th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTOPHER S INGRAM of Tauranga Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue....

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989Holmes – item about ongoing Family Court proceedings concerning custody of a child – father interviewed anonymously and gave details of evidence and proceedings – brief visuals of baby – mother believed that as baby was identifiable, she was also identifiable – personal details broadcast about her – some allegedly inaccurate – child shown without mother’s permission – alleged breach of privacy of mother and baby – item allegedly unbalanced, unfair and inaccurate – broadcaster allegedly failed to maintain standards consistent with the maintenance of law and orderFindings Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy), Standard 6 (fairness) – referral outside statutory time limit – s....

ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

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....

The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/94 Decision No: 37/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J S of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-039 Decision No: 1998-040 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by C of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989One News – item about Work and Income computer error leading to disclosure of information about some Work and Income clients, and ramifications for beneficiaries – allegedly sensationalist, unbalanced, inaccurate and unfairFindings Standard 2 (law and order) – subsumed under Standard 6 Standard 4 (balance) – Ministry’s position not adequately presented – upheld Standard 5 (accuracy) – item contained many inaccuracies – upheld Standard 6 (fairness) – item unfair to Ministry and its chief executive – upheldOrder Broadcast of a statement This headnote does not form part of the decision. Broadcast {1} An item on One News, broadcast on TV One on 27 November 2003, reported on a computer error made by Work and Income, a division of the Ministry of Social Development, which had caused some information about some Work and Income clients to be sent to other clients....

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....

Download a PDF of Decision No. 1993-107:Fudakowski and Radio New Zealand Ltd - 1993-107 PDF483. 7 KB...

The Authority has not upheld a complaint about an RNZ News item covering anti-racism protests in Washington and London. The item reported that after ‘a largely peaceful day’, some of the British protesters threw bottles at police, mounted officers charged at the protesters, and an officer ‘required hospital treatment after falling from her horse’. The complaint was that this characterisation of the events breached broadcasting standards as the protest was not ‘peaceful’ and other reports noted the horse bolted after a firework or similar was thrown from the crowd. The Authority found the item was materially accurate, and that the remaining standards raised were not applicable to the complainant’s concerns. Not Upheld: Accuracy, Balance, Fairness, Law and Order, Discrimination and Denigration...

The Authority has not upheld a complaint alleging an interview with Judith Collins breached the law and order standard. The interviewer asked Ms Collins to clarify what she meant when she said, regarding Police Minister Poto Williams, ‘I think a lot of people want to bottle her’. Ms Collins explained she meant Minister Williams should be kept in a bottle ‘like a genie in a bottle’. The line of questioning was reasonable in the context, and the item did not actively promote serious anti-social or illegal behaviour. Not Upheld: Law and Order...