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Decisions
Parkinson and Harvey and Television New Zealand Ltd - 2006-057
2006-057

Complaints under section 8(1)(a) of the Broadcasting Act 1989Orange Roughies – promo – used words “for Christ’s sake” – allegedly blasphemous and derogatory of ChristiansFindingsStandard 1 (good taste and decency) – distinct different dictionary meanings of “Christ” - context – not upheld Standard 6 and guideline 6g (denigration) – not intended to encourage denigration – high threshold not reached – not upheldThis headnote does not form part of the decision. Broadcast[1] A promo for the forthcoming drama series Orange Roughies was broadcast on TV One on a number of occasions in mid May 2006. In one of the brief sequences included in the promo, one of the characters exclaimed “you’re married for Christ’s sake! ” as he walked past a parked car containing a husband and wife apparently having sex....

Decisions
Findlay and Television New Zealand Ltd - 2010-041
2010-041

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....

Decisions
Boyce and Television New Zealand Ltd - 2005-120
2005-120

Complaint under section 8(1)(a) of the Broadcasting Act 1989Agenda – discussion of recent campaign issues which had arisen in regard to forthcoming general election – commentators were a former president of the National Party, a former president of the Labour Party and a political science lecturer – allegedly partisan and unbalancedFindingsStandard 4 (balance) – most of complaint based on personal preferences – role of minor parties raised issue of broadcasting standards – range of views advanced – not upheldThis headnote does not form part of the decision. Broadcast [1] Agenda broadcast on TV One at 8. 30am on 10 September 2005 included a panel discussion about campaign issues relating to the general election then due on 17 September. Specific aspects were covered in different segments of the programme....

Decisions
Welch and Campbell and Television New Zealand Ltd - 2004-098, 2004-099
2004-098–099

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with father of escaped prisoner – used words “arsehole” and “bugger” – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A father whose son had escaped from prison was interviewed in an item broadcast on Holmes at 7. 00pm on 22 April 2004. The father, whose home had been burgled by his son on at least three occasions, appealed to his son to give himself up. During the interview, the father used the word “arsehole” and also used the word “bugger” at least three times. Complaint [2] Gary Welch and Don Campbell each complained to Television New Zealand Ltd, the broadcaster, that the use of the word “arsehole” was unacceptable and in breach of the standard requiring good taste and decency....

Decisions
Hueting and Television New Zealand Ltd - 2004-192
2004-192

Complaint under section 8(1)(a) of the Broadcasting Act 1989One Tree Hill – fictional series built around two young men with the same father – episode dealing with drink spiking and an attempted rape – contrary to children’s interests, incorrectly classified and insufficient warning – complaint upheld by broadcaster – action taken allegedly insufficientFindingsAction taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of One Tree Hill screened on TV2 at 3pm on Sunday 5 September 2004. One Tree Hill is a teen drama series built around two young men who share the same father, and it deals with issues which confront teenagers growing up in a modern society. [2] This episode included a sequence in which a young woman narrowly avoided being raped after having her drink spiked at a party....

Decisions
Brown and Television New Zealand Ltd - 2008-116
2008-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported share market crash – political editor said it was “the worst financial crisis since the Wall Street crash of 1929” – allegedly inaccurate Findings Standard 5 (accuracy) – political editor was referring to wider financial crisis not share market crash – no inaccuracies – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 16 September 2008, was introduced as follows: Presenter 1: We begin tonight with the world’s worst financial crisis in years. Presenter 2: It’s even drawing comparisons with the Great Depression of the 1930s. [2] The One News political editor stated that “as New Zealand markets reacted to some of Wall Street’s darkest hours, the Finance Minister certainly wasn’t playing things down”....

Decisions
Christian Heritage Party and Television New Zealand Ltd - 1993-050
1993-050

Download a PDF of Decision No. 1993-050:Christian Heritage Party and Television New Zealand Ltd - 1993-050 PDF297. 88 KB...

Decisions
Schwabe and Television New Zealand Ltd - 2001-224
2001-224

ComplaintTeachers – shag and fuck and their derivatives – frequent use – offensive language FindingsSection 4(1)(a) and Standard G2 – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] Teachers, an eight part series, was broadcast weekly on TV One at 9. 30 on Monday evenings. Using the idiom of the staff and pupils, it told the story of a young teacher of English in a comprehensive school in England. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the episode broadcast on 13 August 2001 included offensive language when using the words "shag" and "fuck" and their derivatives. [3] In response, TVNZ described the series as "contemporary, gritty and humorous" and said that it was classified as AO, broadcast an hour after the AO watershed, and preceded with an explicit warning. It declined to uphold the complaint....

Decisions
Keane and Television New Zealand Ltd - 2010-083
2010-083

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

Decisions
Oosterbroek and Television New Zealand Ltd - 2008-102
2008-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Decisions
Hutchings and Television New Zealand Ltd - 1998-156
1998-156

SummaryA promo for an episode in the series The Human Body showed a naked pregnant woman and was broadcast on TV One at about 6. 40pm on 17 September. Ms Hutchings of Palmerston North complained that it was disgusting to use that imagery to sell a programme, particularly in the early evening. She pointed out that viewers who might choose not to watch the programme because they found the images offensive were not given a choice about watching the promo because no prior warning was given. In its response, TVNZ maintained that as the image was not prurient it did not breach the good taste standard. It emphasised that pregnancy was part of the natural process of human life which the series traced from conception, through pregnancy and birth to adolescence, adulthood and finally death....

Decisions
Institute of Directors and Television New Zealand Ltd - 2009-055
2009-055

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....

Decisions
Livingstone and Television New Zealand Ltd - 2008-007
2008-007

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item discussed the assault on convicted murderer William Bell by fellow prison inmates – presenter made a statement regarding the assault – allegedly in breach of good taste and decency, law and order and fairness Findings Standard 1 (good taste and decency) – contextual factors – host’s statement was sarcastic – made clear to viewers that neither host supported violence against prisoners – 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 6 (fairness) – people referred to were treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Boyce and Karam and Television New Zealand Ltd - 2010-130
2010-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Investigator: The Case Against Robin Bain – documentary maker, Bryan Bruce, gave his perspective on the case against Robin Bain, by re-examining the evidence against Robin given at David Bain’s retrial – concluded that there was no forensic evidence connecting Robin with the murders – also investigated whether surprise witness at the retrial had given misleading evidence – allegedly in breach of privacy, controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – not unfair to not include viewpoints of the defence and David Bain – not upheld – Daryl Young was not given a fair and reasonable opportunity to respond to the issues raised about his testimony – unfair – upheld Standard 4 (controversial issues – viewpoints) – programme discussed a controversial issue of public importance – it was an authorial documentary approached from a particular perspective as envisaged by guideline 4b…...

Decisions
Kearney and Television New Zealand Ltd - 2002-200
2002-200

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

Decisions
Irwin and Television New Zealand Ltd - 2010-087
2010-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Decisions
Frewen and Television New Zealand Ltd - 2004-053, 2004-054
2004-053–054

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Grassroots Business – included report from Telecom representative which promoted a Telecom product or service – failed to distinguish between programme and advertising material – Standard 8 and Guideline 8a – TVNZ upheld complaint – TVNZ advised clarity required in any future series – complainant dissatisfied with action taken and referred action taken to Authority – a second complaint that other sponsors’ products and services also not clearly distinguished – not upheld by TVNZ – also referred to AuthorityFindings i) Standard 8 – broadcaster retained editorial responsibility – not upheld ii) Action taken – sufficient in the circumstances – complaint is a reminder to all broadcasters of obligations under Standard 8 – not upheldThis headnote does not form part of the decision. Broadcast [1] Grassroots Business was shown on TV One on Saturday mornings at 7....

Decisions
Baylis and Television New Zealand Ltd - 2003-023
2003-023

Complaint American Beauty – film - numerous sexual references – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guideline 9c – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] The film American Beauty was screened on TV2 at 8. 30pm on Sunday 10 November 2002. The film is about a bored middle-aged man who becomes "love-struck" with one of his daughter’s friends. His fantasies lead him to turn his life upside down. [2] Murray Baylis complained to Television New Zealand Ltd, the broadcaster, that the sexual references and sexual messages in the film would be offensive to many New Zealanders, especially to people aged 12 – 16 years....

Decisions
Gray and Television New Zealand Ltd - 1993-025
1993-025

Download a PDF of Decision No. 1993-025:Gray and Television New Zealand Ltd - 1993-025 PDF1. 23 MB...

Decisions
Matthews and Television New Zealand Ltd - 1993-088
1993-088

Download a PDF of Decision No. 1993-088:Matthews and Television New Zealand Ltd - 1993-088 PDF349. 69 KB...

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