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Decisions
Howard and TVWorks Ltd - 2009-105
2009-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skins – programme about a group of teenagers in Britain – showed teenagers drinking excessive amounts of alcohol and taking drugs – contained sexual material, nudity, violence and coarse language – allegedly in breach of good taste and decency, law and order, responsible programming, children’s interests, violence and liquor promotion standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme correctly classified AO9....

Decisions
Henderson and TVWorks Ltd - 2011-126
2011-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for The Jono Project – contained brief silhouette image of a woman bouncing up and down apparently having sex – allegedly in breach of good taste and decency, responsible programming and children’s interests standards Findings Standard 1 (good taste and decency), Standard 8 (responsible programming), and Standard 9 (children’s interests) – image was fleeting, dark and relatively indistinct – promo did not contain any AO material – promo appropriately classified PGR and screened during Dr Phil – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 1. 30pm during Dr Phil, broadcast on TV3 on 22 and 23 September 2011, a promo for The Jono Project was shown, which contained a brief silhouette image of a woman bouncing up and down, apparently having sex....

Decisions
Mason and TVWorks Ltd - 2011-058
2011-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on death of Osama Bin Laden – included image of bruised and bloodied face – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, children’s interests and violence FindingsStandard 1 (good taste and decency) – image related to major international event – clear warning given – contextual factors – not upheld Standard 10 (violence) – contextual factors – image preceded by prolonged and detailed warning – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – 3 News was an unclassified news programme targeted at adults – news often deals with unpleasant material – clear warning – broadcaster adequately considered children’s interests – not upheld Standard 8 (responsible programming) – 3 News was an unclassified news programme – standard not applicable – not…...

Decisions
Agostino and TVWorks Ltd - 2012-084
2012-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Decisions
W and Television New Zealand Ltd - 1998-168, 1998-169
1998-168–169

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

Decisions
Bush and Television New Zealand Ltd - 2010-036
2010-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Decisions
Hulst and Radio New Zealand Ltd - 2003-024
2003-024

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

Decisions
Ward and Television New Zealand Ltd - 2003-119
2003-119

ComplaintMessiah 2: Vengeance is Mine – promo – programme to be broadcast at 8. 30pm – promo screened during Holmes before 7. 30pm – graphic – inappropriate time slot FindingsStandard 7 – classification appropriate – no uphold Standard 10 – appropriate discretion exercised regarding violence – no uphold This headnote does not form part of the decision. Summary [1] A promo for Messiah 2: Vengeance is Mine was broadcast on TV One at 7. 20pm on Friday 11 July 2003 during Holmes. The programme Messiah 2, rated AO, was to be screened at 8. 30pm on Sunday 13 July. [2] Annette Ward complained to Television New Zealand Ltd, the broadcaster, that the graphic and disturbing promo had been broadcast at an inappropriate time. [3] In response, TVNZ said that the promo contained no explicit violence and did not include the scenes which had justified the film’s AO rating....

Decisions
Blue and Television New Zealand Ltd - 2011-131
2011-131

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

Decisions
Stroud and TVWorks Ltd - 2013-044
2013-044

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon contained sexual references and innuendo – allegedly in breach of children's interests and responsible programming standardsFindingsStandard 8 (responsible programming) and Standard 9 (children's interests) – episode contained sexual content that was not suitable for unsupervised child viewers and so incorrectly classified G – should have been classified PGR – broadcaster did not adequately consider children's interests when incorrectly classifying the episode and screening it in G time – upheld under both standards No Order This headnote does not form part of the decision. Introduction [1] An episode of Futurama, an animated cartoon series, contained sexual references and innuendo. The episode was classified G (General) and screened on FOUR at 6. 30pm on Friday 31 May 2013....

Decisions
Holt and Television New Zealand Ltd - 1991-032
1991-032

Download a PDF of Decision No. 1991-032:Holt and Television New Zealand Ltd - 1991-032 PDF770. 19 KB...

Decisions
Neal and The Radio Network Ltd - 2014-041
2014-041

Summary [This summary does not form part of the decision. ]On two occasions, the presenters of the Hauraki Breakfast Show made comments about masturbation. The Authority did not uphold the complaint that the comments were unacceptable for broadcast at a time when children could be listening. The comments were consistent with the expectations of Radio Hauraki’s adult target audience, and would not have unduly surprised or offended regular listeners. Both items were light-hearted and intended to be humorous rather than offensive. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] In two separate items, the presenters of the Hauraki Breakfast Show made comments about masturbation. The first item was broadcast on 5 March 2014 at 7. 34am and the second item was broadcast on 27 March 2014 at 7. 50am....

Decisions
New Zealand Immigration Service and TV3 Network Services Ltd - 1994-111
1994-111

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 111/94 Dated the 17th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND IMMIGRATION SERVICE Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson R A Barraclough L M Loates...

Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Decisions
Irvine and 95bFM - 1995-066
1995-066

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE IRVINE of Auckland Broadcaster 95 bFM Auckland University J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
The National Collective of Rape Crisis and Related Groups of Aotearoa Inc and Woodward and Television New Zealand Ltd - 1996-099, 1996-100
1996-099–100

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-099 Decision No: 1996-100 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 and IN THE MATTER of complaints by THE NATIONAL COLLECTIVE OF RAPE CRISIS AND RELATED GROUPS OF AOTEAROA INC. and RUBY WOODWARD of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Turney and Television New Zealand Ltd - 1996-154
1996-154

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-154 Dated the 14th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN TURNEY of Kumeu Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Jeune and Television New Zealand Ltd - 1998-160
1998-160

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Decisions
Regional Public Health, Hutt Valley District Health Board and The Radio Network Ltd - 2007-030
2007-030

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM Breakfast – presenter drank a yard glass on his 21st birthday – broadcast allegedly advocated excessive alcohol consumption and broadcaster not mindful of children Findings Principle 8 (liquor) – tone of item accepted practice as normal – socially irresponsible promotion of liquor – upheld Principle 7 and guideline 7b (children) – socially irresponsible to broadcast drinking of yard glass during children’s normally accepted listening times – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] Presenter Cam’s 21st birthday was celebrated on the ZM breakfast show at about 8. 20am on 13 February 2007. While in the carpark with another presenter, Cam attempted to drink a yard glass. A yard glass is a drinking vessel – traditionally one yard long – containing about two litres of beer....

Decisions
Wakeman and Television New Zealand Ltd - 2004-154
2004-154

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – Te Karere – Eye to Eye – Marae – all items concerning emergence of the Māori Party or the by-election in Te Tai Hauauru – complainant was candidate for Te Tai Hauauru seat – when appeared on Te Karere complainant’s words were translated into te reo Māori – allegedly in breach of law and order standard as contrary to Bill of Rights Act – complainant’s candidacy received minimal coverage from other TVNZ news and current affairs – allegedly in breach of balance, accuracy, fairness and programme information standards....

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