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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-157 Decision No: 1997-158 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP NEWMAN of Te Awamutu Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 37/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KIM TAYLOR of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Download a PDF of Decision No. 1993-148:Stephens and TV3 Network Services Ltd - 1993-148 PDF312. 31 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 125/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P R PARRY of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 38/95 Dated the 29th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by E A LIGHT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

SummaryAn item on 3 News, broadcast on TV3 on 9 February 1999 beginning at 6. 00pm, referred to a contest to conceive the first child of the new millennium. Among other matters, the presenter referred to "the first of January 2000", in describing the contest. Mr Butchart complained to TV3 Network Services Ltd, the broadcaster, that the statements were totally untrue. He said the next millennium begins with the first day of January 2001. He sought a correction of what he called the untrue statements. TV3 agreed that the third millennium did not commence in fact until 1 January 2001. However, it wrote, the official millennium programme in New Zealand would run from 1999 until 2001. Its programme therefore recognised that both the popular celebration date of 1 January 2000 and the actual date of 1 January 2001 deserved to be noted....

Summary In reporting the New Zealand cricket team’s visit to Buckingham Palace a 3 News sports item broadcast on 3 June 1999 beginning at 6. 00pm announced "The Blackcaps bowl up at Liz and Phil’s wicket…". Mr Bernards complained to TV3 Network Services Ltd, the broadcaster, that this reference was disrespectful to the Queen and the Duke of Edinburgh and overstepped the limits of acceptability. He sought a sharply worded warning to TV3’s management not to repeat such language. TV3 responded that the phrase was intended to be a brief, light-hearted pointer to the report coming up. It noted that the humorous reference was more than adequately balanced by the tone of the full news item. While it regretted that the complainant had found the reference distasteful, it did not consider it had breached broadcasting standards and it declined to uphold the complaint....

ComplaintThe Boys Club – film – fuck – offensive FindingsStandard G2 – adult theme – contextual factors – rating – warning – classification – time of screening – no uphold This headnote does not form part of the decision. Summary The Canadian film The Boys Club was broadcast on TV3 on 24 June 2001. It told the story of some teenage boys with a secret hideout who hide a dangerous criminal. Their conversation frequently used the word "fuck" and its derivatives. Phillip Smits complained to TV3 Network Services Ltd, the broadcaster, that the teenage boys as the main characters used offensive language extensively. People of that age, he wrote, should not be allowed to swear. In response, TV3 pointed to programme’s rating (AO), the time of screening (10. 40pm), and the verbal and written warning which preceded the broadcast....

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

An appeal against this decision was dismissed in the High Court: CIV 2003-485-1655 & 1816 PDF18....

Download a PDF of Decision No. 1992-090:Toomer and TV3 Network Services Ltd - 1992-090 PDF243. 66 KB...

ComplaintThe Bits in Between – sexual/adult themes – offensive – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] The Bits in Between was broadcast on TV3 at 7. 30pm on 24 September 2001. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes which were outside accepted norms of good taste and decency. He also considered that the programme was incorrectly classified and that the broadcaster had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

ComplaintAmerican Sex – 2 December 2000 – content pornographic – offensive FindingsStandard G2 – 9. 30pm – warning – no sexual activity – no full frontal nudity – not gratuitous – majority – no uphold This headnote does not form part of the decision. Summary An episode of American Sex was broadcast on TV3 between 9. 30–10. 30pm on Saturday 2 December 2000. The series was publicised as a light-hearted look at the American sex industry. Dennis McLeod complained to TV3 Network Services Ltd, the broadcaster, that the programme was "nothing short of pornography". He said that such programmes should not be screened on television. TV3 responded that American Sex screened an hour after the AO watershed, and was preceded by a written and verbal warning....

ComplaintFor Richer or Poorer – movie – "fuck off" – offensive language – insufficient warning FindingsStandard G2 – language not offensive in context – no uphold Standard G8 – classification and time of screening appropriate – no uphold This headnote does not form part of the decision. Summary For Richer or Poorer was broadcast on TV3 at 8. 30pm on 29 April 2001. For Richer or Poorer is a comedy movie about a rich couple who hide among the Amish to avoid pursuit by the tax department. During one scene, the wife tells her husband to "fuck off". Ken and Jackie Francis complained to the broadcaster, TV3 Network Services Ltd, that the language was offensive, and that the warning for "coarse" language which had preceded the broadcast had been insufficient....

ComplaintManhattan on the Beach – sexual/adult themes – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] The final episode of Manhattan on the Beach was broadcast on TV3 at 8. 00pm on 18 September 2001. Manhattan on the Beach was a fly-on-the-wall documentary series which followed New Yorkers on holiday in the Hamptons – a resort location in up-state New York. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes and a "simulated sex act" which were outside accepted norms of good taste and decency....

ComplaintAmerican Sex – nudity and sexual activity – no educational value – sensational and offensive FindingsStandard G2 – AO rating – clear warning – broadcast at 9. 30pm – activity involved consenting adults – not gratuitous – majority – no uphold Standard G12 – not naturally accepted viewing times for children – no uphold This headnote does not form part of the decision. Summary An episode of American Sex was broadcast on TV3 between 9. 30 – 10. 30pm on Saturday 9 December 2000. The series was publicised as a light-hearted look at the American sex industry. Mr Harang complained to TV3 Network Services Ltd, the broadcaster, that as the programme included scenes of naked women and sexual activity, it was offensive and unsuitable for children. TV3 responded that American Sex screened an hour after the AO watershed and was preceded by a written and verbal warning....

SummaryIn a segment of Target which was broadcast on TV3 on 19 September 1999 beginning at 7. 00pm, viewers were advised how to remove graffiti from a variety of surfaces when "little parliamentarians" had been naughty. The graffiti which was removed included a number of messages couched in schoolyard language such as "Jenny and Winston 4 eva", "Jenny © Timberlands", and "Jenny and Timberlands up a tree L. O. G. G. I. N. G. "Stephen Sheaf complained to TV3 Network Services Ltd, the broadcaster, that the messages contained in the graffiti phrases were both childish and totally inexcusable. Apart from what he called the obvious political overtones, they had contained "emotional smear tactics", he wrote. The segment, TV3 advised, was a light-hearted piece which explained how common household products could be used to remove graffiti....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-007 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHARMAC (Pharmaceutical Management Agency Ltd) Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

An application by TV3 Network Services Ltd for an interim injunction failed in the High Court: CP 81/99 PDF2. 73 MB INTERIM DECISIONA number of complaints were referred to the Broadcasting Standards Authority concerning a 20/20 item entitled "Sex, Lies and Videotape" broadcast on TV3 on 28 June 1998 and a related news item broadcast on 3 News on 29 June 1998. There has been extensive correspondence between the complainants, the broadcaster and the Authority in the intervening months. On 24 March 1999, the Authority received advice from the solicitors acting for TV3 in which they noted that four of the principal complainants had alluded to the possibility of taking defamation proceedings against TV3. TV3 argued that the Authority would be severely prejudiced if the complaints were allowed to proceed under these circumstances....