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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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-175 Dated the 15th day of December 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 Maling Chairperson L M Loates R McLeod J Withers...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-031 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON McKAY of Howick Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The film Heat was broadcast on TV2 at 8. 30pm on 3 January 1999. Mr Nicholls complained to Television New Zealand Limited, the broadcaster, about the standard of language used in the film. He objected to the excessive use of "fuck", "fucking", and associated words, he wrote, because it led to their normalisation. He argued that the offending words could have been beeped out. The film was shown in holiday time, he said, and swear words should not be accepted on prime family time television. TVNZ responded that the film started at 8. 30pm which was adult programming time, it was clearly rated AO, indicating that it was unsuitable for children, and it was preceded by a specific warning about its violence and language. It said the warning was delivered visually and verbally....

ComplaintInside New Zealand – "The Naked Breast" – promo – masking of breasts – untruthful – discriminatory – deceptive – corrupts children FindingsStandard G1 – no uphold Standard G5 – not applicable Standard G7 – not applicable Standard G12 – no evidence of corruption – no uphold This headnote does not form part of the decision. Summary A promo for the Inside New Zealand documentary "The Naked Breast" was screened on TV3 during the evening of 10 September 2000. Breasts were masked by means of a design graphic as the voiceover described some of the programme’s content. John Lowe complained to TV3 Network Services Ltd, the broadcaster, that masking the breasts in the promo sent a message that they were a prohibited part of the body. He said that the masking obscured the truth, was discriminatory and therefore illegal, was deceptive and corrupted children....

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 Evidence from the trial of the men accused of murdering Beverley Bouma was reported in a One Network News item. The item included an extract from the prosecuting lawyer’s description of how the killing occurred. It was broadcast on TV One, at 6. 00pm on 11 October 1999. Mr Gribble complained to Television New Zealand Ltd, the broadcaster, that the detailed description in the item was not suitable to include in a 6. 00pm news programme, as that was a time during which children could be watching television. TVNZ responded that, while its news editors were always mindful of the child audience that might watch news programmes, those programmes necessarily carry unpleasant content where that content is relevant and important....

ComplaintAmerican Commandos – documentary about training of Green Beret soldiers – young woman "assassinated" in training exercise – unsuitable for children – unnecessarily graphic – broadcast prior to rugby matchFindingsStandard G2 – in context of soldier training – no uphold Standard G12 – broadcast prior to important rugby match – when viewed out of context, unsuitable for children – majority uphold Standard V8 – no uphold Standard V12 – not violent or distressing as contemplated by the standard – no uphold Standard V16 – not applicable – no uphold Standard V17 – not gratuitous – no uphold This headnote does not form part of the decision. Summary A documentary entitled American Commandos was broadcast on TV3 on 5 August 2000 beginning at 2. 30pm. Soldiers training to be "Green Berets" were shown completing a number of exercises, including urban warfare training and hand-to-hand combat....

Summary A documentary about the naturist movement in New Zealand, entitled Inside New Zealand: Nude Zealand, was broadcast on TV3 on 16 June 1999, commencing at 8. 30 pm. It contained footage of naked men and women, including breasts and male genitalia. Kristian Harang complained to TV3 Network Services Limited, the broadcaster, that the broadcast portrayed nudity as normal, whereas very few people in New Zealand were nudists and many would object to nudity being screened in their homes. The numerous scenes of naked men and women, and male genitals, in family viewing time would have a detrimental effect on children and young people, he wrote. TV3 responded that the documentary was preceded by a written and verbal warning, and screened in AO time. The programme’s depiction of nudity was innocent and non-sexual, it wrote, and portrayed the naturists’ bodies matter-of-factly....

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Toi Whakaari – kapa haka group – action during haka in which man pulls back the head of a kneeling man and thrusts a weapon at the kneeling man’s body – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – kapa haka stylised, theatrical performance – unlikely to disturb or alarm children – not upheld This headnote does not form part of the decision. Broadcast [1] A secondary school kapa haka group performing a haka was shown on Toi Whakaari broadcast by Māori Television shortly before 6. 00pm on 22 August 2006. Toi Whakaari showcases Māori performing art and the haka included an action where one man with a taiaha (a spear) approaches a kneeling man from behind, pulls back his head and makes a gesture as if attacking the kneeling man....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – street march through Auckland – topless protester shown – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – context – no warning required – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 March 2005 showed a street march through Auckland that day in support of “family values”. A topless woman was among those shown protesting against the views expressed by the marchers. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had breached standards of good taste and decency and children’s interests....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for Benidorm – showed a man being slapped in the face by two different women – allegedly in breach of law and order, children’s interests and violence standards Findings Standard 2 (law and order) – promo did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 10 (violence) – violence was slapstick humour – broadcaster exercised care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for three comedy programmes Bonkers, Benidorm and The Sunshine Girls was broadcast on TV One at 12. 27pm on Thursday 18 October 2007....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

ComplaintFair Go – “Fair Go Ad Awards” – presenter lampooned margarine advertisement – sexual suggestions allegedly offensive and unsuitable for childrenFindings Standard 1 – sexual innuendo oblique and inexplicit – comedy – not upheld Standard 9 – not unsuitable for children in context – not upheld This headnote does not form part of the Decision Summary [1] The annual “Fair Go Ad Awards” included a segment during which the presenter lampooned an advertisement for margarine, which had been nominated for “worst ad”. The episode of Fair Go was broadcast on TV One at 7. 30pm on 15 October 2003. [2] Geoff New complained to Television New Zealand Ltd, the broadcaster, that the parodies contained sexually suggestive material which breached standards of good taste and decency and was unsuitable for children. [3] In response, TVNZ disagreed that the programme breached broadcasting standards....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...