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The Authority did not uphold a complaint regarding a comment made by radio panellist Catherine Robertson about ‘murderous fantasies’, concerning punishment of an individual who escaped COVID-19 managed isolation. It was a satirical comment intended to be humorous and in line with audience expectations for the programme. The Authority noted satire and humour are important aspects of freedom of expression. It found limiting the broadcaster’s right to freedom of expression on this occasion was not justified. Not Upheld: Violence, Law and Order, Balance...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 76/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TERRY TARRANT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

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....

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...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes item – 84-year-old woman suffered fourth degree burns during cryosurgery in her mouth – caused by malfunctioning equipment – OSH prosecuted the oral surgeon but the case was dismissed – item reported expert evidence that equipment should have been serviced annually, but had not been serviced since 1974 – surgeon granted name suppression – viewer feedback on a subsequent programme described surgeon as a “mongrel” who should have his name published on the internet – allegedly unbalanced, inaccurate, unfair and in breach of law and order – broadcaster upheld balance complaintFindingsStandard 2 (law and order) – breaches of name suppression order outside Authority’s jurisdiction – decline to determine – did not encourage viewers to publish name – not upheld Standard 4 (balance) – action taken by broadcaster was sufficient – not upheld Standard 5 (accuracy) – three matters misleading and inaccurate –…...

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....

ComplaintRadio Pacific talkback – host John Banks – dog control – host said he would shoot a dog ranger about to shoot his dog – offensive – irresponsibleFindings Principle 2 – comment advocated criminal violence – inconsistent with maintenance of law and order – upholdPrinciple 7 – not relevantNo OrderThis headnote does not form part of the decision. SummaryThe control of dogs was discussed on talkback on Radio Pacific at about 6. 45am on Thursday 7 December 2000. While expressing sympathy for the owners of cats killed by a dog, the host (John Banks) said he would shoot any dog ranger who came onto his property to shoot his dog. Mark Vincent, National President of the New Zealand Institute of Animal Control Officers Inc, complained to The RadioWorks New Zealand Ltd, the broadcaster, that the comments were "disgusting, irresponsible, and distressing"....

Summary [This summary does not form part of the decision. ]Five Campbell Live items featured the complainant, Margaret Harkema, a former director of the Valley Animal Research Centre, and investigated concerns that she was using TradeMe to rehome beagles that were bred or used for testing. The Authority upheld her complaints that the programmes were unfair, misleading and breached her privacy. Upheld: Fairness, Accuracy, PrivacyNot Upheld: Law and OrderOrders: Section 13(1)(d) $2,000 compensation to the complainant for breach of privacy; Section 16(1) $12,000 legal costs to the complainantIntroduction[1] Campbell Live carried out an investigation, spanning five separate broadcasts, into matters involving the now closed Valley Animal Research Centre (VARC), and its former director, Margaret Harkema....

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview with the manager of teacher practice at the Education Council. The interview discussed the Council’s drug testing of teachers and its ‘zero tolerance’ approach to cannabis use, and referred to a recent finding of misconduct against a New Zealand teacher who refused to undergo a drug test. The Authority did not uphold a complaint that the item ‘pushed’ marijuana use by teachers. The item did not promote the use of illegal drugs or condone the behaviour of the teacher referred to. Rather, it offered a robust examination of the Council’s methods of drug testing teachers and its ‘zero tolerance’ approach to cannabis use. In this context the item did not encourage listeners to use illegal drugs or otherwise undermine law and order....

Sex and the City – two promos shown on TV3 – promo one showed marijuana use – broadcast at 1. 20pm on Saturday – promo two showed couple apparently engaged in sexual intercourse – broadcast at 1. 00pm on Friday – both allegedly breached standards relating to good taste and decency, maintenance of law and order, classification and children’s interests....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on a police search that ended up with two officers being shot and a police dog being killed – contained interviews with a neighbour living next to the property where the incident occurred and the Commissioner of Police – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – interview with Police Commissioner was straightforward and respectful – Mr Broad and the police treated fairly – not upheld 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 otherwise promote, glamorise or condone criminal activity – not upheld Standard 7 (discrimination and denigration) – presenter’s behaviour and comments did not encourage the denigration of members of the New Zealand police force –…...

ComplaintThe Edge – ring-in competition – how to deal with unwanted singing hamster – some callers’ suggestions violent and cruel – offensive – illegal – inappropriate for childrenFindingsPrinciple 1 – insufficient information about context – decline to determinePrinciple 2 and Principle 7, guideline b – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] Listeners to The Edge were invited to phone in and suggest ways of dealing with an unwanted singing hamster. The suggestions broadcast between 7. 50–8. 10am on 21 December 2001 involved various degrees of violence and cruelty. [2] Mr Butcher complained to The RadioWorks Ltd, the broadcaster, that the methods were offensive, illegal and inappropriate for broadcast during children’s normal listening times. [3] When the broadcaster failed to respond to his formal complaint, Mr Butcher referred it to the Broadcasting Standards Authority under s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix – host made comments about smacking a child – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 2 (law and order) – item did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – newsreader made it clear that smacking children was illegal – broadcaster was sufficiently mindful of the effect the programme’s content would have on children listening – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 7. 30am on Wednesday 16 June 2010 on the radio station Easy Mix, the presenter and newsreader had a brief discussion....

The Authority has not upheld a complaint about a 1 News item recapping the match between champion heavyweight boxers Tyson Fury and Deontay Wilder. The broadcast was within audience expectations of sports reporting and footage of the knockout punch was justified in the context of a boxing match. The Authority did not consider the broadcast of this sporting event promoted, glamorised or condoned criminal or serious antisocial activity. Not Upheld: Good Taste and Decency, Violence, Law and Order...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-165 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Unauthorised History of New Zealand – presenter commented that “the white settlers were intent on fucking over the natives” in New Zealand – pretended to urinate on a public sculpture – allegedly in breach of good taste and decency, law and order and balance standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 2 (law and order) – no realistic portrayal of anti-social behaviour – not upheldStandard 4 (balance) – programme was not a news, current affairs or factual programme – standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny and Jacqui – host told a personal anecdote about a prank she committed in her youth, namely setting off a fire alarm “resulting in all of Timaru’s fire engines turning up” – allegedly in breach of law and order standardFindingsStandard 2 (law and order) – anecdote was a light-hearted recollection of host’s actions in her youth, with educational message – host made comments condemning her own behaviour and noted the repercussions – story was intended to humour and entertain and did not invite imitation or otherwise encourage listeners to break the law or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 2....

Download a PDF of Decision No. 1993-169:Bracey and Television New Zealand Ltd - 1993-169 PDF406. 94 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-025 Decision No: 1998-026 Decision No: 1998-027 Dated the 12th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A J DICKSON of Tauranga and PHILLIP DUNLOP of Pokeno and ROBIN MCMILLAN of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...