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Complaints under s. 8(1)(a) of the Broadcasting Act 1989 The Mummy Returns – ­ PGR – promo ­ broadcast during Going Straight between 7. 30pm and 8. 30pm ­ – broadcast the following day at 6. 43pm during 3 News ­ – promo allegedly broadcast too early ­ – promo allegedly incorrectly classified Findings Standard 7 (appropriate classification) ­ – promo appropriately classified PGR ­ – not upheld Standard 7 (compliance with classification band) and Guideline 7b (i) Going Straight is PGR time ­ – not upheld (ii) 3 News (although itself unclassified) is in G time-band ­ PGR – promo did not comply with classification band ­ – upheld Standard 9 (children¹s interests) and Guideline 9a ­ broadcaster considered children¹s interests in rating promo PGR – ­ not upheld No Order This headnote does not form part of the decision....

Complaint3 News – film review segment – review of "Crooked Earth" – excerpt included expression "kiss my arse" – offensive and unsuitable for childrenFindingsStandard G2 – acceptable in context – no uphold Standard G12 – not unsuitable for children – no upholdThis headnote does not form part of the decision. Summary [1] The New Zealand film "Crooked Earth" was one of the films considered in the film review segment of 3 News broadcast on 25 August 2001. The review included a brief excerpt from the film in which one of the characters said "kiss my arse". [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that such offensive language was unacceptable at that hour and unsuitable for children. [3] In response, TV3 maintained that it was not unacceptable in the context of a film review, and 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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-155 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MACPHERSON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

Ms Loates declared a conflict of interest and did not participate in the determination of this complaint. Complaint 20/20 – documentary – mental health outpatient– inaccuracies – lacked balance – discrimination against mental health patients – verbal agreement about interview content Findings(1) Standard G1 – inaccuracies not proven – no uphold (2) Standard G6 – balance provided where required through interview with mental health provider – no further imbalance proven – mentally ill not portrayed as inferior – no uphold This headnote does not form part of the decision. Summary An item on 20/20 called "Flatmate Wanted" was broadcast on TV3 on 12 September 1999, from 7. 30pm. The item concerned the deaths of Lachlan Jones and Malcolm Beggs and was critical of the mental health system, which it implicated in the deaths....

Complaint3 News Special – interview with Prime Minister – canvassed allegations in "Seeds of Distrust" by Nicky Hager published that day – claimed that Government was aware of accidental distribution of GM contaminated seeds – unfair and unbalanced – ambush – disclosure applications from complainants and broadcaster. FindingsDisclosure Application Order made pursuant to s. 12 against broadcaster. Orders(i) Chronology(ii) Field tapes (iii) Affidavits relating to confidentiality agreement(iv) number and confirmation of person to whom source material returned to This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Detailed claims from the book "Seeds of Destruction", written by Nicky Hager and published that day, were put to the Prime Minister by interviewer John Campbell during a 3 News Special broadcast at 7. 00pm on 10 July 2002. The interview had been recorded the previous day (9 July)....

ComplaintNightline – item about "Puppetry of the Penis" – penis obscured – inaccurate as truth concealed – sexualising human body breach of law and order FindingsStandards 2 – legal process followed – no uphold Standard 5 – item not inaccurate – no uphold This headnote does not form part of the decision. Summary [1] The show "Puppetry of the Penis" was discussed during an item broadcast on Nightline at about 11. 00pm on 29 April 2002. The item did not include any visuals of penis puppetry as the reporter stated that the "full monty" would not be revealed in view of compliance with "broadcasting standards". [2] John Lowe complained to TV3 Network Services Ltd, the broadcaster, that in view of the material shown in other programmes, the comment was inaccurate. He also said that the item breached the requirement for standards consistent with the maintenance of law and order....

ComplaintSex and the City – fuck – offensive language – used by 13 year-old female characters FindingsStandard G2 – context – morality message – no uphold This headnote does not form part of the decision. Summary [1] A number of episodes of the series of Sex and the City have been screened by TV3 since 1999. The series deal with the lives and loves of four single women living in New York City. The episode broadcast at 9. 30pm on 7 August 2001 included instances of 13 year-old girl characters using the word "fuck". [2] Phillip Smits complained to TV3 Network Services Limited, the broadcaster, that three of the 13 year-old female characters used the words "fuck" and "fucking" on several occasions....

Download a PDF of Decision No. 1993-009:Sharp and TV3 Network Services Ltd - 1993-009 PDF257. 46 KB...

Download a PDF of Decision No. 1992-053:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1992-053 PDF167. 03 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-039 Decision No: 1998-040 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by C of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintBoxing: De la Hoya v Mosely – boxing – omission of action between rounds – misleading – distorted editingFindings(1) Standard G1 – no inaccuracy – no uphold (2) Standard G19 – editorial discretion – no uphold This headnote does not form part of the decision. Summary Boxing: De la Hoya v Mosely, a world championship boxing bout between Oscar De la Hoya and Shane Mosely, was broadcast on TV3 on 18 June 2000 between 4. 00pm and 6. 00pm. John Reynolds complained to TV3 Network Services Ltd, the broadcaster, that the coverage was of a portion of the fight only, as the events and activities which took place between rounds were not screened, in favour of commercial breaks. Mr Reynolds said that this "integral" part of the match was deliberately omitted, and that this was misleading and unfair....

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

SummaryMore than 20 promotions for Lion Red beer were screened during Lion Red: The Game, broadcast on TV3 between 8. 30–9. 30pm on 6 August 1998. On GALA’s behalf, Mr Cliff Turner complained to TV3 Network Services Ltd that the broadcast breached the requirement in the standards to minimise the promotion of liquor. The guidelines to the standards, he wrote, suggested that liquor promos should not exceed one every three minutes during the full viewing period. Taking into account the titles, the supers and the Lion advertisements broadcast during the programme, TV3 upheld the complaint that incidental liquor promotion had not been minimised. The titles and the supers had since been altered, it advised, to remove the actual Lion Red logo. Dissatisfied with the action taken, Mr Turner on GALA’s behalf referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint3 News – child participants – mother’s consent – children of gang member sought by police FindingsPrivacy principle (i) – uphold Privacy principle (vii) – mother’s consent insufficient – not in children’s best interests – uphold No Order This headnote does not form part of the decision. Summary An item about the "Screwdriver Gang" being sought by police was broadcast on 3 News on 25 January 2000 between 6. 00–7. 00pm. Footage was shown of two pre-school children whose father was a member of the gang. Miriam Rea complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the children’s right to privacy. She said regardless of whether the mother had given permission for the filming, she deplored TV3’s decision to include the footage of the children in the item....

Download a PDF of Decision No. 1993-085–087:Church of Scientology of New Zealand, Frater and Kershaw and TV3 Network Services Ltd - 1993-085, 1993-086, 1993-087 PDF2. 08 MB...

Summary An advertisement for a light truck contained language which had been the subject of complaints to the Advertising Standards Complaints Board (ASCB). The Board’s decision on those complaints was reported in a news item on TV3’s 3 News on 23 March between 6. 00–7. 00pm. Extracts from the advertisement, including the offending language, was included in the item. Mr Shierlaw complained to TV3 Network Services Ltd that by screening the advertisement before 8. 30pm, as required by the ASCB, TV3 had failed to comply with standard G5 of the Television Code of Broadcasting Practice, which requires broadcasters to observe the principles of the law. As TV3 did not respond within the statutory 20 working day period, Mr Shierlaw referred his complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

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....

Complaint3 News – collapse of floor during wedding celebration in Jerusalem – amateur footage of moment of collapse – gratuitous and sensationalist – breach of good taste and decency FindingsStandard G2 – footage a legitimate part of news item – not especially graphic – no uphold Standard V12 – appropriate prior warning given – no uphold This headnote does not form part of the decision. Summary An item broadcast on 3 News on 26 May 2001 reported on a civil disaster in Israel, in which the floor of a building in Jerusalem had collapsed during a wedding party, killing 30 people and injuring hundreds more. The item featured amateur video footage from the wedding celebration, including the moment the floor collapsed. Viewers were warned that the coverage included shots from the video which were disturbing....