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Decisions
James and TVWorks Ltd - 2009-127
2009-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade – contained footage of bare-breasted women – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – footage was fleeting and taken from a distance – not salacious – preceded by a warning – contextual factors – not upheld Standard 9 (children’s interests) – contained warning to advise parents – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, reported on the “Boobs on Bikes” parade in Auckland....

Decisions
Kiro and Television New Zealand Ltd - 2007-111
2007-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

Decisions
Hutchins and Māori Television - 2005-088
2005-088

Complaint under section 8(1)(a) of the Broadcasting Act 1989Toi Whakaari – kapa haka performance at national competition – male performers used weaponry – facial expressions and body language allegedly aggressive – allegedly in breach of children’s interestsFindingsStandard 9 (children’s interests) – kapa haka stylised, theatrical performance – unlikely to disturb or alarm children – not upheldThis headnote does not form part of the decision. Broadcast [1] Māori Television broadcast Toi Whakaari on 3 June 2005 at 6. 30pm. The programme showcased Māori performing arts. In this instance, the programme covered a kapa haka group representing its region at a national competition earlier in the year. Complaint [2] R D Hutchins complained to Māori Television that the item was unsuitable for, and disturbing and detrimental to, children....

Decisions
Johnston-Faleauto and Television New Zealand Ltd - 2004-178
2004-178

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with central figure in reality television show There’s Something About Miriam – discussed her transsexual status and contact with contestants on show – allegedly breach of good taste and decency, programme classification and children’s interests FindingsPrinciple 1 (good taste and decency) – contextual factors – nothing indecent or distasteful to the extent of breaching standard – interview conducted appropriately given subject matter – not upheld Principle 7 (programme classification) – programme news or current affairs – not classified – was sufficiently mindful of the possibility of child viewers – no warning required as contents adequately signposted – not upheld Principle 9 (children’s interests) – news and current affairs programme not directed at children – interview conducted appropriately – sufficiently mindful of children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Clancy and Television New Zealand Ltd - 2012-086
2012-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Stott, on behalf of ADHD.org.nz, and Oliver and Television New Zealand Ltd - 2000-130, 2000-131
2000-130–131

Complaint60 Minutes – item on Ritalin – offensive – irresponsible – failed to respect principles of law – likely to place children at riskFindings(1) Standard G5 – no disrespect for law evidenced – no uphold (2) Standard G2 – public interest – current affairs – audience expectations unlikely to have been exceeded – no uphold (3) Standard G12 – not relevant – no uphold (4) Standard G16 – public interest – no uphold This headnote does not form part of the decision. Summary An item on the black market for the prescription drug Ritalin was broadcast on 60 Minutes on TV One on 11 June 2000 beginning at 7. 30pm. On behalf of ADHD. org....

Decisions
Harang and Television New Zealand Ltd - 2006-098
2006-098

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – footage of parade in Auckland promoting Erotica exhibition – included bare-breasted women riding as pillion passengers on motorcycles – comments both for and against the parade – allegedly in breach of good taste and decency and the interests of children FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – warning during news item – unaccompanied children unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] Footage of bare-breasted women riding as pillion passengers on motorcycles was shown in an item on One News broadcast on TV One at 6. 00pm on 23 August 2006....

Decisions
Durward and Television New Zealand Ltd - 2003-001
2003-001

Complaint Mo Show – interview with makers of and participants in a pornographic film – offensive – unsuitable for children FindingsStandard 1 – gratuitous sexual activities – uphold Standard 9 – not children’s normally accepted viewing time – no uphold No Order This headnote does not form part of the decision Summary [1] The making of a pornographic film near Los Angeles was shown in a segment of the Mo Show broadcast on TV2 at 10. 00pm on Tuesday 3 September 2002. The Mo Show is targeted at a young adult audience and features two New Zealand comedians presenting events they encounter in a number of countries, focusing on popular music and film. [2] Lois Durward complained to Television New Zealand Ltd, the broadcaster, that the segment about pornographic film-making near Los Angeles was offensive and unsuitable for younger viewers....

Decisions
Airlie and TVWorks Ltd - 2008-051
2008-051

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – scenes including a human skull hitting a car windscreen, a human skeleton on a table and two characters kissing – dialogue about cannibalism – included on-screen graphics, one of which read “TV’s hottest crime scene” – allegedly in breach of good taste and decency, law and order and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – complaint related to programming content in general – decline to determine Standard 9 (children’s interests) – promo incorrectly rated G – images were fleeting and inexplicit – broadcast was during an unclassified news programme – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision....

Decisions
Hooker and TV3 Network Services Ltd - 2001-228
2001-228

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....

Decisions
McBride and Television New Zealand Ltd - 1997-117, 1997-118
1997-117–118

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...

Decisions
MacPherson and TV3 Network Services Ltd - 1997-175
1997-175

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...

Decisions
O'Rourke and Television New Zealand Ltd - 2003-116, 2003-117
2003-116–117

ComplaintReel Life: The Truth about Lesbian Sex – promos – comments made by several women in the first promo – people examining sexual devices in the second promo – broadcast 5. 45pm and 10. 24pm respectively – offensive FindingsStandard 1, Guideline 1a – context – no upholdStandard 7, Guideline 7b – classification of promos correct – majority – no uphold Standard 9, Guideline 9a – broadcaster mindful of child viewers – majority – no uphold This headnote does not form part of the decision. Summary [1] Two promos, broadcast on TV One at 5. 45pm and 10. 24pm respectively, advertised an upcoming documentary, Reel Life: The Truth About Lesbian Sex. The first promo portrayed several women talking about their sexual practices. The second promo showed different sexual devices being examined by various people....

Decisions
Henderson and Quayle and TVWorks Ltd - 2009-108
2009-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Dexter promo – contained footage of upcoming episodes with themes of murder and torture – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo contained adult themes – incorrectly classified PGR – content warranted an AO classification – upheld Standard 9 (children’s interests) – promo incorrectly classified – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 8 and 9 Standard 2 (law and order) – promo did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld No Order This headnote does not form part of the decision....

Decisions
Bennett and Television New Zealand Ltd - 2008-015
2008-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – 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 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

Decisions
Young and CanWest TVWorks Ltd - 2007-058
2007-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....

Decisions
Boulton and Television New Zealand Ltd - 2009-031
2009-031

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....

Decisions
Zacharias and TV3 Network Services Ltd - 2000-085
2000-085

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....

Decisions
Garmonsway and Television New Zealand Ltd - 2008-061
2008-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Scrubs – storyline involving a patient who had taken erectile dysfunction pills – allegedly in breach of children’s interests standard Findings Standard 9 (children’s interests) – storyline was handled in a discreet and inexplicit manner – acceptable within PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Scrubs, a comedy programme following the lives of staff at a fictional hospital, was broadcast on TV2 at 8pm on Wednesday 21 May 2008. One of three storylines in the episode followed a doctor, Elliot, as she treated a man who had a persistent erection after taking erectile dysfunction pills. [2] The storyline was introduced when Elliot addressed a patient in the waiting room, asking “what seems to be the problem?...

Decisions
Pratt and Television New Zealand Ltd - 2004-120
2004-120

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News Update – included images of abused Iraqi prisoners – pictures shown during general programming – allegedly unsuitable for children – failure to consider children’s viewing interests Findings Standard 9 (children’s interests) – interests of children considered – not upheld Standard 10 (violence) – violent disturbing material not shown – not upheld This headnote does not form part of the decision. Broadcast [1] One News Update is broadcast on TV One highlighting news stories of the day which usually then screen on the evening news programmes. On 8 May 2004 at approximately 4. 55pm a One News Update broadcast images of tortured Iraqi prisoners. Complaint [2] Karen Pratt complained about the images shown of the Iraqi prisoners....

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