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Decisions
Watkins and The RadioWorks Ltd - 2002-121–127
2002-121–€“127

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – broadcasts unsuitable for children Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) 22 November broadcast – 6. 31am – Principle 1 – uphold (3) 22 November broadcast – 6. 39am – no uphold (4) 23 November broadcast – 6. 39am – Principle 1 – uphold (5) 26 November broadcast – 7. 40am – Principle 1 – uphold – Principle 7 and Guideline 7b – uphold (6) 27 November broadcast – 6. 35am – action taken insufficient – uphold (7) 30 November broadcast – 6. 36am – action taken insufficient – uphold (8) 6 December broadcast – 6. 19am – no uphold OrderTotal costs to the Crown in the sum of $3,000Cross-references: 2001-071–084; 2001-138–204 This headnote does not form part of the decision....

Decisions
Clark and RadioWorks Ltd - 2011-158
2011-158

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 New Zealand First Election Advertisement – child stated, “My mum and dad are voting for New Zealand First. They say that Winston will give us a fair go” – allegedly in breach of responsible programming standardFindings Standard E1 (election programmes subject to other Codes) – Standard 8 (responsible programming) of the Radio Code – advertisement broadcast in robust political environment during lead-up to the election – reasonable listeners would understand that children are under the legal age to vote – complaint does not raise any issues of broadcasting standards which warrant our consideration – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision....

Decisions
Williamson and Television New Zealand Ltd - 2015-061 (1 December 2015)
2015-061

Summary[This summary does not form part of the decision. ]During ONE News at Midday, TVNZ’s sports presenter reported the New Zealand women’s hockey team’s loss in a World League semi-final match. She said, ‘The one consolation, though – Australia hasn’t progressed either’. The Authority declined to uphold a complaint that this comment was ‘nasty’ and ‘spiteful’. It is common for sports reporting to refer to the long-standing trans-Tasman rivalry and most viewers would not have been offended in this context. Not Upheld: Good Taste and Decency, Controversial Issues, Responsible ProgrammingIntroduction[1] During ONE News at Midday, TVNZ’s sports presenter reported the New Zealand women’s hockey team’s loss in a World League semi-final match. She said, ‘The one consolation, though – Australia hasn’t progressed either. The two teams will play off for third place on Sunday and if the Kiwis can beat them, they’ll qualify for the Rio Olympics’....

Decisions
Tregurtha and Television New Zealand Ltd - 1991-012
1991-012

Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...

Decisions
Stephens and TV3 Network Services Ltd - 1993-148
1993-148

Download a PDF of Decision No. 1993-148:Stephens and TV3 Network Services Ltd - 1993-148 PDF312. 31 KB...

Decisions
Lewes and Television New Zealand Ltd - 2008-085
2008-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Decisions
Gunn and Television New Zealand Ltd - 2000-118
2000-118

ComplaintDawson’s Creek – teen drama – references to sex and condoms – incorrect PGR classification – unsuitable for childrenFindings(1) Standard G8 – fictional drama – teenage target audience – content not gratuitous – no uphold (2) Standard G12 – properly classified PGR and screened in PGR time – no uphold This headnote does not form part of the decision. Summary An episode in the Dawson’s Creek series was broadcast on TV2 at 7. 30pm on 6 June 2000. Maree and Andrew Gunn complained to Television New Zealand Ltd, the broadcaster, that the programme contained many explicit references to sex and a "graphic, trivial discussion on the selection of condoms". They considered that this material was unsuitable for younger viewers, and that the programme ought to have been rated AO rather than PGR....

Decisions
Watson and TV3 Network Services Ltd - 2001-210
2001-210

ComplaintComedy Season Promo – edited clips from nine comedy programmes – footage from Sex and the City unsuitable for broadcast during children’s programming – breach of good taste – broadcaster not mindful of children – explicit material unacceptable FindingsStandard G2 – promo did not breach currently accepted norms of good taste and decency – no uphold Standard G12 – not G material – broadcaster not mindful of promo’s effect on children – uphold Standard G24 – not "explicit material" as envisaged by the standard – no uphold No Order This headnote does not form part of the decision. Summary 1] TV3 promoted its Comedy Season with a montage of clips from various comedy programmes. The promo, which lasted 60 seconds, included clips from 3rd Rock from the Sun, Will and Grace and Sex and the City, edited together....

Decisions
Mazer and RadioWorks Ltd - 2010-021
2010-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

Decisions
Eccleton and The Radio Network Ltd - 1999-177
1999-177

Summary A competition which invited listeners to relate how and at what age they had lost their virginity was broadcast on 91 ZM in Christchurch on 23 June 1999 at about 4. 30pm. Mr Eccleton complained to the station manager that by promoting the competition, the announcer was being irresponsible and cheap. He said he considered it to be "simply tacky" to promote the competition. When he did not have a response from the station within 20 working days, Mr Eccleton referred the matter to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. At the Authority’s request, the station responded to the complaint. First it advised that it had not received the original letter of complaint, and secondly, that when the second letter was referred to it, it had not treated the matter as a formal complaint....

Decisions
Henderson and TVWorks Ltd - 2007-071
2007-071

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – report on Cindy Crawford – item contained photos of her from Playboy magazine in which her breasts were shown – allegedly in breach of good taste and decency, programme classification and children’s interests standards The Authority's DecisionStandard 1 (good taste and decency) – majority – item did not dwell on the pictures in a salacious way – the pictures were tasteful and relevant to the context of the item – contextual factors – not upheld Standard 9 (children’s interests) – majority – photographs were an artful depiction of the female form – no emphasis was placed on Ms Crawford’s breasts – sufficient consideration given to the interests of child viewers – not upheld Standard 7 (programme classification) – news and current affairs programmes are unclassified – not upheld This headnote does not form part of the decision....

Decisions
Mills and New Zealand Public Radio Ltd - 1996-091
1996-091

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-091 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RON MILLS of Picton Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Marriott and Radio New Zealand Ltd - 2008-064
2008-064

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio New Zealand National News – item concerning MAF’s approval of the importation by zoos of crocodiles and salt-water alligators – allegedly in breach of accuracy and social responsibility Findings Principle 6 (accuracy) and Principle 7 (social responsibility) – complainant mistaken as to the contents of the broadcast – not upheld This headnote does not form part of the decision. Broadcast [1] During the 7pm news bulletin on Radio New Zealand National on 24 April 2008, the following item was introduced: Crocodiles and alligators have been approved for import. The Ministry of Agriculture and Forestry has agreed to allow zoos to bring in Australian salt-water crocodiles and American alligators....

Decisions
Dowler and CanWest TVWorks Ltd - 2006-074
2006-074

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – panel discussion about power outage in Auckland – complainant alleged that programme gave the impression that the discussion was live, when it was pre-recorded – allegedly inaccurate, unfair and in breach of programme information standardFindingsStandard 5 (accuracy) – no statements of fact alleged to be inaccurate – standard does not apply – not upheld Standard 6 (fairness) – no person or organisation alleged to be treated unfairly – standard does not apply – not upheld Standard 8 (programme information) – standard requires viewers to be disadvantaged before breach will be found – no disadvantage to viewers – not upheldThis headnote does not form part of the decision Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 12 June 2006, included a panel discussion about a recent power outage in Auckland....

Decisions
de Boer and Radio New Zealand Ltd - 2004-122
2004-122

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Broadcast on Morning Report on National Radio – referred to MP Richard Prebble’s nickname “mad dog” – allegedly unfair, inaccurate and contrary to children’s interests. FindingsPrinciple 5 (fairness) – simple reference to widely known nickname not unfair to Mr Prebble – not upheld Principle 6 (accuracy) – item accurate – not upheld Principle 7 (children’s interests) – nothing to indicate item injurious to children listening – not upheld This headnote does not form part of the decision. Broadcast [1] Morning Report, broadcast on National Radio on 28 April contained an item about the resignation of Richard Prebble as leader of the ACT party and the subsequent contest for the leadership....

Decisions
The New Zealand Woman and TV3 Network Services Ltd - 2002-018, 2002-019
2002-018–019

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Decisions
Coburn and TVWorks Ltd - 2011-173
2011-173

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – contained sexual content and innuendo – allegedly in breach of standards relating to good taste and decency, responsible programming and children’s interestsFindingsStandard 1 (good taste and decency) – sexual content was subtle and inexplicit – nature of sexual innuendo would have gone over the heads of younger viewers – not upheldStandard 9 (children’s interests) – content was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheldStandard 8 (responsible programming) – the episode was correctly rated PGR and screened in appropriate time-band – not upheldThis headnote does not form part of the decision. Introduction[1] An episode of the cartoon comedy Family Guy was broadcast on FOUR at 7. 30pm on Thursday 20 October 2011....

Decisions
Wright and Television New Zealand Ltd - 1991-007
1991-007

Download a PDF of Decision No. 1991-007:Wright and Television New Zealand Ltd - 1991-007 PDF444. 29 KB...

Decisions
Hueting and Television New Zealand Ltd - 2004-192
2004-192

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....

Decisions
Sperry and Television New Zealand Ltd - 2012-076
2012-076

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on a study into the effects of 1080 poison on native robins – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards FindingsStandard 4 (controversial issues) – the use of 1080 as a method for pest control in New Zealand is a controversial issue of public importance – use of 1080 has been the subject of ongoing debate and the item contributed a new development in the debate – viewers could reasonably be expected to be aware of arguments on both sides of the debate – significant viewpoints were presented in the programme to an extent that was appropriate given the nature of the issue – not upheld Standard 5 (accuracy) – alleged inaccurate headlines did not form part of television broadcast so outside our jurisdiction – reporter’s statements were not material to the focus of…...

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