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ComplaintHolmes – Waitara shooting – interview with eye-witnesses – failure to observe standards consistent with maintenance of law and orderFindings(1) Standard G5 – no prejudice to any proceedings or disrespect for principles of law – no uphold (2) Standard G6 – balance provided during period of current interest – no uphold This headnote does not form part of the decision. Summary A Waitara couple who had witnessed some of the events which resulted in the shooting by police of Stephen Wallace was interviewed on Holmes broadcast on TV One on 2 May 2000 beginning at 7. 00pm. I B Owen complained to Television New Zealand Ltd, the broadcaster, that the interview was tantamount to "trial by television" and breached the requirement for broadcasters to observe standards consistent with the maintenance of law and order....

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....

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…...

Warning: This decision contains content that some readers may find distressing. An item on 1 News reporting on a mass shooting in Buffalo, US, showed an edited clip from the attacker’s livestream video. The clip, approximately 16 seconds long and without audio, showed the masked attacker driving into the supermarket carpark, stopping his vehicle, getting out of the car and raising a gun. The complaint alleged the broadcast of the clip breached the good taste and decency, violence, and law and order broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Our Land – included footage of a disagreement between two men after one had hit the other’s child for being naughty – the men and their families shown discussing the incident – both men shown re-enacting how the child was hit – allegedly in breach of the law and order standard FindingsStandard 2 (law and order) – violent behaviour portrayed as unacceptable and anti-social – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Our Land was broadcast on TV One at 7. 30pm on Sunday 3 January 2010. The programme followed three families trying to live the lives of Māori and European settlers in the 1800s....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item about the murder of Deidre Tobin by her partner Craig Jackson – Mr Jackson found not guilty by reason of insanity – interviewed Ms Tobin’s family and friends plus two detectives who believed Mr Jackson was faking his insanity – allegedly in breach of law and order, unbalanced, inaccurate and unfairFindingsStandard 2 (law and order) – nothing inconsistent with the maintenance of law and order – not upheld Standard 4 (balance) – Authority unable to determine the position of the Crown solicitor – overall programme was balanced – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Mr Jackson, Dr Simpson or the Tobin family – not upheldThis headnote does not form part of the decision. Broadcast [1] A 60 Minutes item entitled “Insanely Jealous?...

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....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on verdict in Ewen McDonald murder trial – reporter commented, “You could well be thinking, if he’s not guilty, why hasn’t he walked out these doors behind me and spoken to media?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

Summary [This summary does not form part of the decision. ] An item on Story showed presenter Heather du Plessis-Allan purportedly exposing a loophole in New Zealand’s gun laws by falsifying a mail-order form and obtaining a firearm from a gun dealer without verifying that she held a gun licence. The Authority did not uphold a complaint alleging that the broadcast encouraged viewers to break the law. The item carried public interest, it was clearly meant to discourage flouting of gun laws rather than encourage illegal activity and the Police Association commended Story for exposing the issue. Not Upheld: Law and Order   Introduction [1] An item on Story showed presenter Heather du Plessis-Allan allegedly exposing a loophole in New Zealand’s gun laws. She falsified a mail-order form and obtained a firearm from a gun dealer without verifying that she held a gun licence....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – live telephone interview with Napier resident watching police trying to deal with an armed man barricaded inside a house and who had been shooting at police – host questioned resident about what he could see and hear and what the police were doing – allegedly in breach of law and order standard Findings Standard 2 (law and order) – information provided by interviewee would not have assisted the armed man – no evidence that the information disclosed affected the maintenance of law and order – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment on Checkpoint, broadcast on Radio New Zealand National at 5....

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....

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....

ComplaintSky Digital Juice Channel 21 – music video – "My Favourite Game" by The Cardigans – lead member driving dangerously while singing – encouraging young people to drive dangerouslyFindingsStandard S2 – content not unsuitable for broadcast in context – no upholdStandard S5 – no disrespect shown for principles of law – no upholdThis headnote does not form part of the decision. SummaryThe music video "My Favourite Game" by The Cardigans, was broadcast on the Sky Digital Juice Channel 21 on 9 April 2001 at 10. 50pm. The video depicts the lead singer driving a convertible car along a desert highway. The singer places a rock on the accelerator to keep the pedal down, and is seen at various stages using her feet to turn the steering wheel. Her driving causes other car drivers to crash their cars on the highway....

The Authority has not upheld a complaint regarding an item on Newshub Live at 6pm about the current war in Ukraine. The complaint was in relation to the map used in the segment, which showed Ukraine, Russia and other nearby countries, and depicted Crimea as a part of Russia. The Authority acknowledged that the annexation of Crimea and the ongoing war in Ukraine is a highly sensitive topic and found the map did contain inaccuracies. However, the Authority found the segment was materially accurate, as the map would not have significantly affected the audience’s understanding of the programme as a whole. In the circumstances the Authority determined that regulatory intervention was not required. The programme information, law and order, and fairness standards did not apply. Not Upheld: Accuracy, Programme Information, Law and Order, Fairness...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-147 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHERYL PHILPS of Palmerston North Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary Mr Mark Middleton, stepfather of a murdered 13 year-old girl, publicly threatened to kill the murderer should he be granted release from prison on parole. Because of this threat, the Children, Young Persons and Their Families Agency (CYPFA) removed a foster child whom he had been looking after for three years. In an item on Holmes broadcast on TV One at 7. 00pm on 27 August 1999, Mr Middleton was interviewed about CYPFA’s actions. CYPFA's position was advanced in the interview by Hon Roger McClay, Commissioner for Children. Mr Bracey complained to Television New Zealand Ltd, the broadcaster, that the item breached broadcasting standards as it failed to respect the principles of law, and was unbalanced....

ComplaintInside New Zealand – theft in the workplace – privacy – unfair – police diversion scheme – inaccurateFindingsPrivacy – no identification – no private facts – no uphold Standards G1, G3, G4, G5, G6, G7, G14, G16 and G19 – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary entitled "Stealing on the Job" was broadcast on TV3 on 23 August 2000 at 8. 30pm. Hidden camera footage showed employees in various workplaces stealing money from their employers. Promos for the programme were shown in the days preceding the broadcast. R, the father of one of those filmed, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his son’s privacy had been breached by the broadcast of the programme and the promos for it....