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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....

ComplaintOne News – item about a sexual assault trial – unnecessarily violent and graphic material – broadcaster not mindful of the effect on children FindingsStandard 9 and Guideline 9a – no disturbing material – no uphold Standard 10 and Guideline 10g – no explicit details – no uphold This headnote does not form part of the decision. Summary [1] A One News programme, broadcast at 6. 00pm on 8 April 2002, featured coverage of the trial of six secondary school students who had been accused of a sexual assault on a male class-mate. The reporter described some of the evidence heard in Court about the assault, including that a broomstick had been inserted up the victim’s anus. [2] Viewers for Television Excellence Inc....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-075 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 156 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved an Alzheimer’s sufferer who enlisted the help of his son to capture, torture and kill young blonde women – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standards FindingsStandard 8 (responsible programming) – violence was graphic and deeply disturbing – amounted to stronger material which warranted AO 9. 30pm classification – upheld Standard 10 (violence) – programme should have been broadcast later – warning was not adequate – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 1 (good taste and decency) – programme material warranted higher classification – warning was inadequate – level of violence and menacing themes were more extreme than in other 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

ComplaintOne News – images of Kerry Fox and male actor both nude in award winning film "Intimacy" – nudity not decent at 6pm when children watching FindingsStandard G2 – visuals acceptable in context – no uphold Standard G2 – visuals restrained – mindful of children – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 19 February 2001 advised that New Zealand actress Kerry Fox had won the coveted Silver Bear Award at the Berlin Film Festival for her acting in the film "Intimacy". The item showed an extract from the film in which she and a male actor appeared naked....

Summary [This summary does not form part of the decision. ]An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance. The Authority upheld the complaint from the tenant that the programme breached her privacy and that she had been treated unfairly. The broadcaster could not demonstrate that the complainant had given consent to appear in the programme, and she had made her objections known to both the broadcaster and the production company before this third repeat broadcast, which occurred four years after the filming took place. Upheld: Fairness, PrivacyNot Upheld: Accuracy, Children’s InterestsOrder: Section 13(1)(d) – compensation to the complainant for breach of privacy $1,000Introduction[1] An episode of The Claim Game, a reality series about insurance claims, profiled a claim involving a house fire, where the tenant did not have contents insurance....

Summary[This summary does not form part of the decision. ]A promo for Embarrassing Bodies Downunder broadcast at 7. 15pm during Shortland Street contained a brief reference to the effect of pineapple on the taste of semen. The Authority did not uphold the complaint that the sexual references in the promo were inappropriate for broadcast in this timeslot. The reference to oral sex was inexplicit, would not likely have been understood by most younger viewers and did not exceed expectations of the regular audience of the host programme, which frequently contains mature themes. Not Upheld: Good Taste and Decency, Children's InterestsIntroduction[1] A promo for Embarrassing Bodies Downunder contained a brief reference to the effect of pineapple on the taste of semen as follows: Presenter: What might pineapple do to something in your body? Woman: Change the taste of your semen. . . ? Presenter: Have you given it a crack?...

Download a PDF of Decision No. 1993-105:Harang and TV3 Network Services Ltd - 1993-105 PDF235. 89 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-044 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-148 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W and P JONES of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

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…...

ComplaintOur World: The Farm that Time Forgot – Captain’s Log – commercial break in each programme included a Toyota bugger advertisement – programme presentation – offensive language FindingsSection 4(1)(a) and standard G2 – conjunction – advertisements in context – no uphold Standard G7 – no technical deception – no uphold Standards G8 and G12 – not unsuitable at 8. 40pm – no uphold This headnote does not form part of the decision. Summary [1] An episode of Our World entitled The Farm that Time Forgot was broadcast by TV One starting at 8. 05pm on Saturday 28 April 2001. During a commercial break at about 8. 40pm, a Toyota advertisement containing the word "bugger" was broadcast....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Spongebob Squarepants – cartoon programme – characters went on a “panty raid” to steal women’s underwear – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – contextual factors – content not unsuitable for children – not upheld This headnote does not form part of the decision. Broadcast [1] The cartoon Spongebob Squarepants, which follows the activities of characters in an underwater community, was broadcast on weekdays at 4pm on TV2. The episode screened on 31 August 2006 was about an ageing crab who was attempting to recapture his youth with a night on the town. The characters suggested that they go on a “panty raid” to steal women’s underwear. To the crab’s horror, he discovered that the raid was on his mother’s house and the underwear belonged to her....

Summary The promo for a 60 Minutes programme was broadcast on TV One between 5. 30–6. 00pm prior to 24 October 1999 and featured the author of a book on female erotica. Referring to a passage in her book, she asked "who wants to have a silent orgasm? " Mr Petterson complained to Television New Zealand Ltd, the broadcaster, that this remark "transcends acceptable behaviour in a family home". He objected to its broadcast at an early hour when young children would be watching television and suggested that it could be embarrassing for parents if their children asked what the question meant. In its response, TVNZ emphasised that as the word "orgasm" was not in itself offensive, it did not see how it could cause harm to children....