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Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the effects the recession was having on the adult entertainment industry – contained footage from “Boobs on Bikes” parade – included footage of a male stripper, a topless woman covered in body paint and three women dancing provocatively with one another – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – majority – footage of male stripper and women dancing provocatively was marginal – contextual factors – not upheld Standard 9 (children’s interests) – majority – item’s introduction gave adequate warning to parents and caregivers to exercise discretion – upholding the complaint would be an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter’s comment about people who have Obsessive Compulsive Disorder – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on the morning of 9 June 2008, the two presenters, Pippa Wetzell and Paul Henry, had an impromptu discussion about Obsessive Compulsive Disorder (OCD) at approximately 8am. Mr Henry shared a story with Ms Wetzell and viewers about an ex-colleague of his who suffered from OCD, which took the form of a need to “count the pillars” while on his journey to work in the morning. Mr Henry then commented: He was a crazy freak, like all Obsessive Compulsive people are....

ComplaintDocumentary New Zealand: "The Complainers" – offensive behaviour – nudity; unsuitable for childrenFindings Standard G2 – not offensive in context – no uphold Standard G12 – AO – warning – 8. 30pm – no uphold This headnote does not form part of the decision. Summary A Documentary New Zealand programme entitled "The Complainers" was broadcast on TV One on 3 July 2000 at 8. 30pm. Among those featured was a complainant who has complained regularly about broadcasters’ practice of electronically masking the genitals of people appearing naked in programmes. He and a woman were shown naked in a brief sequence, part of which showed his body un-pixellated. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the sequence, which showed the woman’s breasts and the man’s genitals, was offensive when broadcast in family viewing time....

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....

Download a PDF of Decision No. 1993-052:Edwards and TV3 Network Services Ltd - 1993-052 PDF263. 01 KB...

ComplaintOne News – Shop closure in country town – comment from observer – "It’s going to be a bugger to lose that shop" – language offensive. FindingsStandard G2 – language not inappropriate in context – no upholdThis headnote does not form part of the decision. Summary The comment "It’s going to be a bugger to lose that shop" was used by a man interviewed during an item about the closure of the Deka shop in Dargaville. The item was broadcast on One News on 16 March 2001 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive. TVNZ responded that the word was not inappropriate in the context of the item, and declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Schwabe referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

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 Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Complaint3 News – collapse of floor during wedding celebration in Jerusalem – amateur footage of moment of collapse – gratuitous and sensationalist – breach of good taste and decency FindingsStandard G2 – footage a legitimate part of news item – not especially graphic – no uphold Standard V12 – appropriate prior warning given – no uphold This headnote does not form part of the decision. Summary An item broadcast on 3 News on 26 May 2001 reported on a civil disaster in Israel, in which the floor of a building in Jerusalem had collapsed during a wedding party, killing 30 people and injuring hundreds more. The item featured amateur video footage from the wedding celebration, including the moment the floor collapsed. Viewers were warned that the coverage included shots from the video which were disturbing....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – allegedly broadcast statement that eight Fijian nationals had died in Christchurch earthquake – allegedly in breach of good taste and decency, accuracy, and responsible programming standards FindingsStandard 5 (accuracy) – not news, current affairs or factual programming – clearly caller’s opinion rather than statement of fact – Apna broadcast a follow-up statement – not upheld Standard 8 (responsible programming) – caller’s comment was opinion – listeners should have been aware that Apna is a small-scale community radio station and could have sought up-to-date information about the earthquake from larger media outlets – not upheld Standard 1 (good taste and decency) – standard not applicable – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] Two items on Seven Sharp contained sexualised imagery and innuendo. The Authority did not uphold the complaint that the items were inappropriate in a prime time news and current affairs slot. Both items were clearly intended to be humorous rather than titillating, and would not have been unduly offensive or unexpected for regular viewers, given the programme’s mix of serious news, banter and entertainment. Not Upheld: Good Taste and Decency Introduction [1] Two items on Seven Sharp, a New Zealand current affairs and entertainment programme, contained sexualised imagery and innuendo. The first item, broadcast on 7 October 2013, included footage of a man’s YouTube parody of Miley Cyrus’ raunchy performance at the MTV Video Music Awards. The man was shown dancing provocatively around a toilet bowl wearing a bikini made out of glad-wrap....

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 19893 News – item dealt with controversy about forthcoming Erotica Parade to be held in Auckland – included footage of bare-breasted women – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6. 00pm on 15 August 2006 dealt with controversy which had arisen after the Auckland City Council issued a permit for a parade down as part of the forthcoming Erotica Lifestyles Expo....

Summary An Assignment programme broadcast on TV One at 8. 30pm on 15 July 1999 examined a theory which linked those who abused animals in their youth to violent offences in later years. The documentary included video footage of teenage boys tormenting a dog. It was explained that they had filmed the video themselves. Joanne Walker complained to Television New Zealand Ltd, the broadcaster, that she was disgusted that the programme included footage of boys subjecting a dog to torture. In her view, it violated the Code relating to the Portrayal of Violence. In addition, she noted that there had been no warning preceding the programme. TVNZ responded that the incident had been edited in such a way as to convey the cruelty inflicted on the animal while avoiding showing what actually occurred....

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....

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....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Intellectual Property – video clip showed people in a laundromat using washing machines and dryers for unorthodox purposes – showed a boy taking a dog out of a washing machine and placing it into a dryer – allegedly in breach of good taste and decency, children’s interests and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – not broadcast during “children’s normally accepted viewing times” – standard does not apply – not upheld Standard 10 (violence) – placing dog in a dryer was not an act of violence to which the standard applies – not upheldThis headnote does not form part of the decision. Broadcast [1] The video clip for a song entitled “The Blues are Still Blue”, by Belle and Sebastian, was broadcast on C4 on Intellectual Property at approximately 10....