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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-117 Decision No: 1997-118 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-078 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by T A JOHNSON of Ravensbourne Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintInside New Zealand: "Piercing – The Hole Story" – documentary – pierced genitalia displayed – offensive – inappropriate for children FindingsStandard G2 – piercing for body suspension – images beyond community standards – uphold; piercing of genitalia – majority – matter of fact – minority – gratuitous – no uphold; other aspects – context – no uphold Standard G12 – body suspension segment at start of programme – waterfall after 8. 30pm – uphold No Order This headnote does not form part of the decision. Summary [1] "Piercing – The Hole Story" was the title of a documentary broadcast on the Inside New Zealand series on TV3 at 8. 30pm on 1 August 2001. It examined the practice of piercing navels and tongues among youth, and showed some more unusual piercings, including genital piercing and suspending by hooks through the flesh....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 81/94 Decision No: 82/94 Decision No: 83/94 Decision No: 84/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BAYFIELD KINDERGARTEN of Dunedin CAROLYN BARR of Te Puke CHILDREN'S MEDIA WATCH of Auckland MOSGIEL CENTRAL KINDERGARTEN of Mosgiel Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Wolf Creek – horror film contained drugging, sexual violence, torture and murder – allegedly in breach of good taste and decency, children’s interests and violence standards Findings Standard 10 (violence) – extremely disturbing violence – inadequate classification and warning – upheld Standard 9 (children’s interests) – outside children’s normally accepted viewing times – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] Wolf Creek, an Australian horror film, was broadcast on TV2 at 8. 30pm on Tuesday 11 March 2007. In the film, two women, Lizzy and Kristy, and their friend, Ben, travelled together to visit the meteorite crater at Wolf Creek National Park. When they returned from the crater, they discovered their car would not go....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Jono’s New Show promo – man said “Fucken oath, look at him, what a fuckwit. Goes for a run and gets shot in the arse” – “fucken” and “fuckwit” were partially bleeped but words could still be distinguished – broadcaster upheld complaint under two standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency) and 9 (children’s interests) – broadcaster upheld complaint under two standards and changed appraisal process – action taken sufficient This headnote does not form part of the decision. Broadcast [1] A promo for Jono’s New Show was broadcast at approximately 6. 14pm on Sunday 14 September 2008 on C4. It included a man saying “Fucken oath, look at him, what a fuckwit. Goes for a run and gets shot in the arse”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Island Wars promo – broadcast during America’s Funniest Home Videos – contestant said “ready to kick some New Zealand arse” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – tone was playful and light-hearted – G rating appropriate – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Island Wars, in which contestants from New Zealand and Australia competed against each other in a variety of challenges, was broadcast during America’s Funniest Home Videos between 4. 30pm and 5pm on Saturday 1 August 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Complaint under section 8(1C)(c)(i) of the Broadcasting Act 1989Desperate Housewives promo – brief scenes showing couples kissing, and characters saying “let’s have sex” and “if I was a lesbian, I’d totally do you” – allegedly in breach of children’s interests standard Findings Standard 9 (children’s interests) – promo was broadcast during G-rated movie – contained material likely to be unsuitable for children – broadcaster did not adequately consider the interests of child viewers – upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for Desperate Housewives was broadcast on Saturday 2 February 2008 at 8. 30pm on TV2 during the movie Herbie: Fully Loaded, which began at 7pm and was rated G. The promo contained the following brief scenes: Three separate shots showing three fully clothed couples kissing....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Without a Trace – promo showed a woman interrogating a beaten man, who was sitting on a chair, his hands tied and bleeding – woman aimed a nail gun at the man’s groin and stated “…I will nail more than your hand to the chair” – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – promo did not condone, promote or glamorise criminal activity – not upheld Standard 7 (programme classification) – promo correctly classified as PGR – not upheld Standard 9 (children’s interests) – majority agreed that the broadcaster adequately considered the interests of child viewers – not upheld Standard 10 (violence) – promo was brief – did not contain explicit violence – majority considered broadcaster exercised…...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Summary The film "Striptease" which starred Demi Moore and Burt Reynolds was screened at 8. 30pm on TV2 on 31 January 1999. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the film, which depicted a woman with naked breasts during a striptease act, was offensive and unsuitable for younger viewers. He also claimed that the film was of no social or educational value. TVNZ advised Mr Harang that it did not consider that the broadcast had breached norms of decency and taste. The broadcaster also maintained that it had been mindful of the effect of the programme on children because it had assigned the film an AO classification and had preceded its broadcast with an explicit warning. The film, it said, had screened after the established 8. 30pm watershed. Dissatisfied with TVNZ’s decision, Mr Harang referred the complaint to the Broadcasting Standards Authority under s....

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....

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Complaint Holmes – interview with Prime Minister about refugees – reference to Nauru as a pile of bird shit – offensive language – inappropriate for school children FindingsStandard G2 – crude but acceptable in context – no uphold Standard G12 – minimal impact on children – no uphold This headnote does not form part of the decision. Summary [1] Nauru was described as a "pile of bird shit" by the presenter on Holmes when interviewing the Prime Minister and the Leader of the Opposition about the Government’s decision to take 150 refugees from the Tampa. The item was broadcast on Holmes on 3 September 2001 beginning at 7. 00pm. [2] Alfred Howard complained to Television New Zealand Ltd, the broadcaster, that the phrase was totally inappropriate and offensive. He expressed particular concern that school children would hear the language....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989My Wife and Kids – adult character made references to sex life – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – programme contained oblique and light-hearted sexual innuendo – mild sexual banter would have gone over the heads of younger viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of My Wife and Kids was broadcast on TV2 at 5. 30pm on Wednesday 11 February 2009. At the beginning of the programme, a family were shown sitting around their kitchen table eating when the mother announced that she wanted to open her own restaurant. The children left the room and the mother and father were left sitting at the table....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – presenters and two guests had a discussion about a 19-year-old girl from Northland who sold her virginity for $45,000 – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – themes discussed would have gone over the heads of younger viewers – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment on Sunrise called “Uncles”, broadcast on TV3 at 7. 55am on Wednesday 3 February 2010, the presenters and two guests (the uncles) started a discussion about a 19-year-old girl from Northland who had sold her virginity for $45,000....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Invader Zim – cartoon programme – allegedly in breach of children’s interestsFindingsStandard 9 (children’s interests) – not likely to disturb or alarm children – sufficiently unrealistic – not upheldThis headnote does not form part of the decision. Broadcast [1] A cartoon programme called Invader Zim screened on TV2 at 7:45am on Sunday 17 July 2005. The cartoon follows Zim, a character bent on taking over the universe. After nearly destroying his own planet, he is banished to Earth where he attends “skool”, while furthering his plot to exterminate all humans. Complaint [2] Timothy Bennett Mace complained to Television New Zealand Ltd, the broadcaster, that the programme was not suitable for children....