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Decisions
McCammon and The Radio Network Ltd - 2013-061
2013-061

Summary [This summary does not form part of the decision. ]The host of talkback programme Canterbury Mornings expressed the view that parking wardens in Christchurch were ‘scum’ for ticketing people in the central city, after everything they had been through with the earthquakes. The Authority did not uphold the complaint that the host’s comments were unacceptable, irresponsible and denigrated parking wardens. The comments related to a legitimate issue and were well within the host’s right to free speech, especially given that talkback radio is recognised as a robust and opinionated environment. A caller also challenged the host, so listeners were given a countering perspective....

Decisions
Fourie and Television New Zealand Ltd - 2012-002
2012-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Embarrassing Bodies – episode focusing on vaginas broadcast at 8. 30pm – close-up shots of women’s vaginas and surgical operations – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – programme had educational value – clear pre-broadcast warning for nudity and medical scenes – nudity was non-sexual and matter-of-fact – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and preceded by adequate warning – not upheld Standard 9 (children’s interests) – clear warning and signposting of likely content gave parents an opportunity to exercise discretion – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Allen and MediaWorks TV Ltd - 2014-106
2014-106

Summary [This summary does not form part of the decision. ] In an election advertisement for the National Party, John Key stated, ‘we’ll start paying off debt’. The Authority did not uphold the complaint that this was misleading because Treasury had forecast that debt would increase until 2018. Election advertisements promoting party policies, by their nature, are not ‘factual’. Viewers understand that they are highly political, often hyperbolic vehicles for advocacy, and are able to form their own views about any particular policy. Viewers would not have been misled. Not Upheld: Election Programmes Subject to Other Standards (Accuracy, Fairness, Responsible Programming), Distinguishing Factual Information from Opinion or Advocacy, Misleading Programmes Introduction [1] An advertisement for the National Party was broadcast on TV3 on 28 August 2014....

Decisions
MM and Coromandel FM - 2000-093
2000-093

Complaint Coromandel FM – news item inaccurately reported that fire fighter was charged with drunk driving causing death – privacy of fire fighter Findings (1) Unsatisfactory complaints procedure – warning (2) Principle 8 – relevant (3) Privacy Principles (i) and (ii)– facts inaccurate, not private – no uphold This headnote does not form part of the decision. Summary A news story broadcast more than once during the morning of 11 April 2000 on Coromandel FM reported that a named Morrinsville fire fighter had been charged with drunk driving causing death. MM, the fire fighter’s wife, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the fire fighter’s privacy by disclosing incorrect information about the offence he had been charged with. MM reported that the man had in fact been charged with careless driving causing death....

Decisions
Morgan and Television New Zealand Ltd - 1994-121
1994-121

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 121/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS MORGAN of Kihikihi Broadcaster TELEVISION NEW ZEALAND LIMITED J R Morris (Acting Chairperson) L M Loates W J Fraser...

Decisions
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Giles and Television New Zealand Ltd - 2002-073
2002-073

Complaint60 Minutes – "Double Lives" – documentary about alleged "double lives" of Fiji Red Cross Director John Scott and New Zealand partner Gregory Scrivener, murdered in Suva in July 2001 – unsubstantiated allegations about drug abuse and sex abuse – breach of standards relating to the maintenance of law and order; the privacy of the individual; balance, fairness and accuracy; the protection of children; and discrimination FindingsSection 4(1)(c) – privacy – individuals deceased – family consented – no uphold Standards G1 and G21 – no evidence of inaccuracies – no uphold G4 – deceased individuals – not applicable – no evidence family dealt with unfairly – no uphold G5 – sub judice rule does not apply to overseas trial – no risk of prejudice because of delay anyway – no disrespect to principles of law – no uphold G6 – majority – balance achieved during period of current interest as story slow in breaking –…...

Decisions
Tan and Television New Zealand Ltd - 2013-027
2013-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Decisions
EP and Television New Zealand Ltd - 2014-038
2014-038

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Decisions
Golden and Radio New Zealand Ltd - 2014-159
2014-159

Summary[This summary does not form part of the decision. ]The Authority declined to determine a complaint that it was inappropriate for RNZ to use Forsyth Barr and First NZ Capital as business advisors and suppliers of business news for its 'Market Update' segment on Checkpoint. RNZ's choice of business advisors is a matter of editorial discretion rather than broadcasting standards. The complainant has previously made similar complaints and been warned that further similar complaints would be unlikely to be determined in future. Accordingly the Authority declined to determine the present complaint on the basis it was frivolous and vexatious. Declined to Determine: Law and Order, Fairness, Responsible ProgrammingIntroduction[1] Allan Golden complained that Forsyth Barr and First NZ Capital were not suitable for use as business advisors and suppliers of business news on Radio New Zealand's 'Market Update' segment of Checkpoint....

Decisions
Harrison and Television New Zealand Ltd - 2009-061
2009-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Decisions
Turner and Television New Zealand Ltd - 1992-038
1992-038

Download a PDF of Decision No. 1992-038:Turner and Television New Zealand Ltd - 1992-038 PDF226. 84 KB...

Decisions
Swenson and TV3 Network Services Ltd and TV4 Network Ltd - 2002-163, 2002-164, 2002-165
2002-163–165

ComplaintMost Wanted – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Without Me, Kiss Kiss and In the Middle and, according to Ms Swenson, Love Don’t Cost a Thing, were broadcast on TV3 and TV4 at various times on various dates between 17 and 21 July 2002. [2] Tina Swenson complained to TV3 Network Services Ltd and TV4 Network Ltd, the broadcasters, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Decisions
Milich and Television New Zealand Ltd - 2011-053
2011-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Decisions
Noble and Television New Zealand Ltd - 2014-030
2014-030

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Decisions
Hawthorne and RadioWorks Ltd - 2013-087
2013-087

Summary [This summary does not form part of the decision. ]The George Selectah Show included audio from a YouTube parody of an advertisement for ‘Chaffers New Zealand Style Deck Sealant’, making fun of the way New Zealanders pronounce the word ‘deck’ to sound like ‘dick’. The Authority did not uphold the complaint that comments such as ‘every kid in the neighbourhood has been on my dick’ were in bad taste and joked about paedophilia. This was clearly intended to be humorous and did not promote or endorse paedophilia. Most regular listeners of George FM would not have been offended, taking into account the station’s target audience, and that the content was broadcast during school time when children were unlikely to be listening....

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
New Zealand Committee for Scientific Investigation of Claims of the Paranormal Inc and Television New Zealand Ltd - 1998-060
1998-060

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-060 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND COMMITTEE FOR SCIENTIFIC INVESTIGATION OF CLAIMS OF THE PARANORMAL INC. of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED Members: L M Loates R McLeod J Withers...

Decisions
Ensoll and The Radio Network of New Zealand Ltd - 1999-047
1999-047

SummaryA Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000. Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001. The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date. Dissatisfied with The Radio Network's decision, Mr Ensoll 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....

Decisions
Henderson and Television New Zealand Ltd - 1999-078, 1999-079
1999-078–79

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

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