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Decisions
Jelavich and MediaWorks TV Ltd - 2015-081 (28 January 2016)
2015-081

Summary[This summary does not form part of the decision. ]The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. The Authority did not uphold a complaint about this language. As the film was classified Adults Only, was preceded by a comprehensive warning and broadcast at 8. 30pm, the Authority found the broadcaster clearly informed viewers about the nature of the film and adequately considered the interests of children. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. [2] Rolfe Jelavich complained about the ‘frequent foul language’ broadcast at a time when children could be watching....

Decisions
Swenson and TV3 Network Services Ltd and TV4 Network Ltd - 2002-163, 2002-164, 2002-165
2002-163–165

ComplaintMost Wanted – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Without Me, Kiss Kiss and In the Middle and, according to Ms Swenson, Love Don’t Cost a Thing, were broadcast on TV3 and TV4 at various times on various dates between 17 and 21 July 2002. [2] Tina Swenson complained to TV3 Network Services Ltd and TV4 Network Ltd, the broadcasters, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Decisions
Richardson and Television New Zealand Ltd - 2001-040, 2001-041
2001-040–041

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Decisions
Atkinson and Television New Zealand Ltd - 1998-130
1998-130

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

Decisions
Edwards and Television New Zealand Limited - 1999-081
1999-081

Summary A character, "Xerox – Warrior Prince", in the "Serial Stuff" series in What Now, was portrayed eating some oversized food items. He also made some enthusiastic comments about food in skits in which he appeared. The actor who played the character had a larger build than the other actors. The programme was broadcast on TV2 on 14 March 1999, commencing at 8. 00 am. Mrs Edwards complained to Television New Zealand Limited, the broadcaster, that the character perpetuated the stereotype that people who are above "normal weight" were like that because they ate too much. "Fat phobia" could be reinforced in children’s minds, she wrote, and could lead to bulimia or anorexia. TVNZ responded that the effect of the "Billy Bunter type character" was to lampoon such stereotyping. The acting was exaggerated, it wrote, to show how silly pre-conceived ideas about types of people can be....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Decisions
Boreham and Television New Zealand Ltd - 2008-118
2008-118

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand National Party – John Key pictured in moving vehicle – complaint that Mr Key was not wearing a seatbelt – allegedly in breach of law and order and children’s interests standards Findings Election Programmes Code Standard E1 – standards in the Free-to-Air Television Code apply to election programmes Standard 2 (law and order) – advertisement showed Mr Key removing seatbelt – reasonably attentive viewer would have concluded that he was wearing a seatbelt – even if he was not shown wearing a seatbelt, would not have breached Standard 2 – not upheld Standard 9 (children’s interests) – advertisement did not contain any material likely to disturb or alarm children – not upheld This headnote does not form part of the decision....

Decisions
Child and Television New Zealand Ltd - 2007-064
2007-064

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…...

Decisions
Doyle and TV3 Network Services Ltd - 1995-086
1995-086

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 86/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILIP DOYLE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Duncan and Television New Zealand Ltd - 2015-083 (28 January 2016)
2015-083

Summary[This summary does not form part of the decision. ]A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing and brief sexual innuendo. The Authority did not uphold a complaint that it was inappropriate to screen such an ‘overtly sexual’ promo during a children’s movie. The promo included low-level sexual innuendo which was unlikely to be understood by younger viewers, and unlikely to disturb or offend most viewers in the context of the PGR host programme. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing. One of the women said, referring to the two of them and the other woman’s boyfriend, ‘I think the three of us could have fun’....

Decisions
Antrobus and Television New Zealand Ltd - 2012-015
2012-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Bad Santa – promo screened during family Christmas movie The Santa Clause 2 – contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield – “Bad Santa” told child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa he replied “No, it was her sister” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 9 (children’s interests) – sexual references were implied and would have gone over the heads of younger viewers – promo was correctly rated PGR and did not contain any material which warranted a higher classification of AO – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – most viewers would not have been offended by the promo when broadcast in this…...

Decisions
O’Neill and Television New Zealand Ltd - 2012-131
2012-131

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter referred to Tip Top ice cream competition and informed viewers how to enter – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – segment did not threaten objectives behind “responsible programming” – promotions of this nature are now commonplace – Broadcasting Act and standards as written do not contemplate this type of segment or give authority to address these issues – not upheld Standard 9 (children’s interests) – broadcast was not aimed at children and would not have disturbed or alarmed any children who were watching, in the manner envisaged by the standard – not upheld This headnote does not form part of the decision. Introduction [1] During a segment on Breakfast, the presenter referred to a ‘Feel Tip Top Giveaway’ competition....

Decisions
Harang and Television New Zealand Ltd - 1993-007
1993-007

Download a PDF of Decision No. 1993-007:Harang and Television New Zealand Ltd - 1993-007 PDF322. 28 KB...

Decisions
Whiterod and CanWest TVWorks Ltd - 2004-180
2004-180

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item reporting on march to Parliament opposing Civil Union Bill and other government policies, and reaction to the march from various parties – allegedly unbalanced, unfair, inaccurate and contrary to children’s interestsFindings Standard 4 (balance) – reasonable effort made to present significant viewpoints – not upheld Standard 5 (accuracy) – broadcast was impartial and objective – not misleading – not upheld Standard 6 (fairness) – no persons or organisations treated unfairly – not upheld Standard 9 (children’s interests) – child not humiliated or exploited – not upheldThis headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on TV3 at 6. 00pm on 23 August 2004 reported on the march to Parliament by those opposed to the Civil Union Bill, and the reaction to the march....

Decisions
Cross and Television New Zealand Ltd - 2008-059
2008-059

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....

Decisions
Barnes and ALT TV Ltd - 2007-029
2007-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Groove in the Park – text messages ran across the bottom of screen during broadcast of live music event on Waitangi Day – contained content which the complainant found offensive – allegedly in breach of good taste and decency, contrary to children's interests, denigratory and in breach of promotion of liquor standardFindingsStandard 1 (good taste and decency) – use of expletives in graphic sentences was contrary to the observance of good taste and decency – upheldStandard 6 (fairness) and guideline 6g (denigration) – text messages encouraged denigration of and discrimination against sections of the community based on race – upheldStandard 9 (children’s interests) – broadcast was G-rated and children likely to be watching on a public holiday – content highly unsuitable for children – upheld Standard 11 (liquor) – unable to determine in the absence of a recording – decline…...

Decisions
Gale and Television New Zealand Ltd - 1997-064
1997-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-064 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD GALE of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Riwai-Couch and Television New Zealand Ltd - 2010-053
2010-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Band of Brothers – sex scene broadcast at approximately 8. 40pm – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 9 (children’s interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults only watershed – upheld Standard 1 (good taste and decency) – programme’s content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of the mini-series Band of Brothers was broadcast on TV One at 8. 30pm on Monday 15 March 2010. The series was based on a best-selling book about a World War II United States Army airborne unit known as Easy Company....

Decisions
Osborne and CanWest TVWorks Ltd - 2007-027
2007-027

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Simpsons – Halloween episode called "Treehouse of Horror XV" – broadcast at 7pm – allegedly in breach of good taste and decency, children's interests, and programme classification standards FindingsStandard 1 (good taste and decency) – subsumed under Standard 9 Standard 7 (programme classification) – appropriately classified PGR – not upheld Standard 9 (children's interests) – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A Halloween episode of The Simpsons called "Treehouse of Horror XV" was broadcast on TV3 at 7pm on Tuesday 16 January 2007. The episode contained three stories. The first, "The Ned Zone", involved the character Ned Flanders being hit by a bowling ball and thereafter being able to see how people would die....

Decisions
McArthur and Television New Zealand Ltd - 2007-117
2007-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

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