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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-092 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBITA JOHNSTON of Tauranga Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Download a PDF of Decision No. 1992-046–051:Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051 PDF1. 94 MB...

ComplaintCoca Cola Chart Show – sex club routines – offensive behaviour – unsuitable for children – upheld by broadcaster – uncut version subsequently re-broadcastFindingsAction taken insufficient – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary A music video entitled "Madonna Music" was broadcast on the Coca Cola Chart Show on TV2 on 29 August 2000 at about 11. 30am. It included a night club sequence where women were shown performing night club routines. Deanna Clarke complained to Television New Zealand Ltd, the broadcaster, that the sexually overt content of the video fell short of accepted norms of decency and good taste. Further, as it was screened on a Sunday morning during children’s accepted viewing times, the broadcaster did not demonstrate that it was mindful of the video’s effect on children. TVNZ upheld Ms Clarke’s complaint under both standards....

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

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 28/95 Dated the 11th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MCLAUCHLAN of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

ComplaintThe Ugly – film rated R18 by OFLC – broadcast at 9. 30pm – graphic violence and adult content – offensive – school holidays – unsuitable for children FindingsStandard 1 and Guideline 1a – context included violent theme, cuts, time of broadcast, and warning – no uphold Standard 9 and Guidelines 9a and 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] The film The Ugly, a psychological thriller made in New Zealand, was screened on TV4 at 9. 30pm on Thursday 16 January 2003. [2] The Secretary (David Lane) of The Society for the Promotion of Community Standards Inc. (SPCS) complained to TV4 Network Services Ltd, the broadcaster, that the film breached the standards relating to good taste and decency, and to the protection of children....

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item about file sharing software – showed images from a snuff movie three times during short item – woman seen begging not to be filmed with a gun held to her head – gunshot heard on one occasion but with no image – allegedly in breach of good taste and decency, law and order, privacy, fairness, children’s interests and violence standards – broadcaster upheld complaints under Standard 1, spoke to news staff and broadcast on-air apology – complainants dissatisfied with decision and action taken FindingsStandard 2 (law and order) – broadcaster did not encourage viewers to break the law or glamorise the criminal activity shown – not upheld Standard 3 (privacy) – irrespective of whether the snuff movie was real or fake, no breach of privacy – not upheld Standard 6 (fairness) – unable to determine whether woman treated fairly – decline…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Nothing Trivial – broadcast during One News – characters used the terms “balls”, “arse” and “bastard” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – language of a low level – One News aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during One News – not upheld This headnote does not form part of the decision. Introduction [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 6pm and 7pm on Wednesday 24 August 2011, during One News which was unclassified....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on world’s first 3D erotic film, Sex and Zen – included clips from the movie – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – legitimate news story – contextual factors – not upheld Standard 9 (children’s interests) – film clips were effectively censored – unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item during 3 News, broadcast on TV3 at 6pm on 5 May 2011, reported on the opening of the world’s first 3D erotic film, Sex and Zen. The item was introduced as follows: Thanks to Avatar, when people think of 3D films they probably conjure up the colour blue....

Summary [This summary does not form part of the decision. ] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. The Authority upheld the complaint that the promo breached the responsible programming and children's interests standards, as the promo contained sexual material more properly falling within the PGR classification. The Authority did not make any order. Upheld: Responsible Programming, Children's Interests No Order Introduction [1] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. 1 [2] Carol Henderson complained that it was inappropriate to show this promo for an AO programme during a G-rated movie and that it would have distressed and embarrassed children....

Summary[This summary does not form part of the decision. ]An episode of Shortland Street showed the death of a 14-year-old character, Pixie. Pixie had apparently been undergoing chemotherapy and was hospitalised for pneumonia. At the end of the episode, Pixie’s condition rapidly deteriorated and she died. The Authority did not uphold a complaint that the item should have been preceded by a warning because children could have been disturbed and upset by the content. Shortland Street is rated PGR and frequently features adult themes. While the fictional depiction of a child’s death was potentially upsetting, it was not outside audience expectations and parents had an opportunity to exercise discretion. Not Upheld: Responsible Programming, Children’s InterestsIntroduction[1] An episode of Shortland Street showed the death of 14-year-old character Pixie. Pixie had apparently been undergoing chemotherapy and had contracted pneumonia....

Download a PDF of Decision No. 1993-166–167:Bardwell and Harang and Television New Zealand Ltd - 1993-166, 1993-167 PDF496. 64 KB...

Complaint Shortland Street – episodes involving – casual sex (one night stand) – the use of toothpaste to make a child ill – ending an episode with voodoo-inspired fear – adult themes – inappropriate for broadcast to young people at 7. 00pm FindingsStandard G8 – appropriately rated PGR – no uphold Standard G12 – classification evidence of being mindful of children – no uphold This headnote does not form part of the decision. Summary [1] Shortland Street is a long running fictional series broadcast at 7. 00pm on weekdays on TV2. The episode broadcast on 12 August 2001 included a central character having a one-night sexual encounter, the episode on 17 August raised the possibility of giving a child some toothpaste to make her ill to enable the mother to have a break, and on 21 August, an episode concluded with fear inspired by the use of voodoo....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

ComplaintThe Waterboy promo – nudity – incorrect classification – broadcaster not mindful of effect of broadcast on children Findings Standard G2 –context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold; standard G22 – G rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for the movie The Waterboy was broadcast on TV3 on 19 October 2001 at 6. 40pm, during a broadcast of 3 News. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the promo showed one of the characters featured in the movie "pull[ing] down his trousers and exposing his buttocks". [3] TV3 declined to uphold the complaint....

ComplaintMost Wanted – music video – "Hey Boy Hey Girl" by The Chemical Brothers – depiction of two skeletons having sex – breach of good taste and decency – broadcaster not mindful of the effect of broadcast on young children FindingsStandard G2 – video acceptable in context for general audience – no uphold Standard G12 – unsuitable for children when broadcast at 9. 30am on Saturday morning – uphold No Order This headnote does not form part of the decision. Summary The music video "Hey Boy Hey Girl" by The Chemical Brothers, broadcast on TV3 during the programme Most Wanted at 9. 30am on 10 February 2001, depicted a young man and woman who morphed into skeletons and then back into humans. The skeletons appeared to be having sex....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on death of Osama Bin Laden – included image of bruised and bloodied face – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, children’s interests and violence FindingsStandard 1 (good taste and decency) – image related to major international event – clear warning given – contextual factors – not upheld Standard 10 (violence) – contextual factors – image preceded by prolonged and detailed warning – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – 3 News was an unclassified news programme targeted at adults – news often deals with unpleasant material – clear warning – broadcaster adequately considered children’s interests – not upheld Standard 8 (responsible programming) – 3 News was an unclassified news programme – standard not applicable – not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paddle Pop Begins – children’s cartoon – main character’s name was the same as a brand of iceblock – allegedly in breach of responsible programming and children’s interests standards Findings Standard 8 (responsible programming) – accept that Streets logo and name of character amounted to branding or marketing – however programme was clearly a children’s cartoon rather than an “advertisement” for the purposes of guideline 8d – not upheld Standard 9 (children’s interests) – programme would not have alarmed or disturbed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the children’s cartoon Paddle Pop Begins was broadcast on TV3 at 8. 25am on 13 October 2011....