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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HOPE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...
Summary[This summary does not form part of the decision. ]The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – item reported on bullying at Massey High School – contained repeated footage of girls fighting – item was not preceded by a warning – parents and students interviewed expressed dissatisfaction at how the school had handled the incident – allegedly in breach of standards relating to privacy, accuracy, fairness, responsible programming, children’s interests, and violence FindingsStandard 3 (privacy) – students shown in the footage were not identifiable beyond those who would have already known about the altercation – not upheld Standard 6 (fairness) – item did not present itself as a follow-up to the previous story on bullying and was not unfair to X, his parents or Massey in this respect – impression created about fighting and bullying at Massey was not the result of unfairness but stemmed from the facts of the incident and the response of students and parents…...
Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....
Download a PDF of Decision No. 1991-007:Wright and Television New Zealand Ltd - 1991-007 PDF444. 29 KB...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A, Breakfast, Close Up and One News – items discussed proposed mandatory fortification of bread with folic acid and whether there were health risks involved – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – programmes discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view across programmes within the period of current interest – not upheld Standard 5 (accuracy) – statements of fact were qualified – concerns adequately dealt with under Standard 4 – not upheld Standard 6 (fairness) – complainant did not nominate a person in original complaint who was treated unfairly – Minister was treated fairly – not upheld Standard 8 (responsible programming) – programmes presented range of views on a topical issue – would not have alarmed viewers – not upheld This…...
SummaryA comment made in an item on the programme Midday which was broadcast on TV One on 9 June 1998 referred to the relationship between mortgage rates and wholesale interest rates. Mr Rawson complained to Television New Zealand Ltd that because New Zealand banks operated under a fractional reserve system, the comment was inaccurate and misleading. TVNZ advised Mr Rawson that it had undertaken research into his complaint which had verified the item’s statement that banks borrowed from the wholesale money market to lend to their customers, and that when wholesale interest rates rose, lending rates for mortgages generally rose too. Accordingly, it declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Rawson referred the complaint to the Broadcasting Standards Authority, under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....
Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – item reported on the former chairman of Bridgecorp, Bruce Nelson Davidson, appearing in the District Court – stated that Mr Davidson was a past president of the Institute of Directors and of the Auckland District Law Society – allegedly in breach of privacy, accuracy and programme information standards Findings Standard 5 (accuracy) – broadcaster upheld accuracy complaint – action taken by broadcaster sufficient – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-166 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOSH MOORE of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...
Download a PDF of Decision No. 1991-057:Ritchie and Television New Zealand Ltd - 1991-057 PDF374. 58 KB...
Download a PDF of Decision No. 1992-078:Toomer and Television New Zealand Ltd - 1992-078 PDF270. 33 KB...
Summary[This summary does not form part of the decision. ]An item on ONE News reported that an increasing number of beneficiaries were being banned from Work and Income offices due to heightened security as a result of the fatal shootings at a WINZ office in 2014. The reporter interviewed a beneficiary who said that this was ‘no surprise’ because dealing with WINZ is ‘frustrating’. The Authority did not uphold a complaint that the comments from the beneficiary were irresponsible and encouraged violence. The focus of the item was on security at WINZ offices and the beneficiary was relating his personal experience; the item did not advocate violence....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 51/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J P LOWE of Hawkes Bay Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....
Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...
Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...
Complaint under section 8(1C) of the Broadcasting Act 1989Promo for Friday Night of Comedy – contained footage from programme episodes that had already screened – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – comedy promo not a factual programme to which the accuracy standard applies – not upheld Standard 8 (responsible programming) – promo was generic and promoted programme series, as opposed to specific upcoming episodes – promo did not deceive or disadvantage viewers as envisaged by the standard – not upheld This headnote does not form part of the decision. Introduction [1] A promo for Friday Night of Comedy highlighted multiple programmes that were scheduled to screen that evening, and contained footage from the different programme series. The promo was broadcast on TV One at about 6. 20pm on 24 August 2012....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-102 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS NORMAN of Wellington Broadcaster NEW ZEALAND PUBLIC RADIO LTD J M Potter Chairperson L M Loates R McLeod A Martin...