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Decisions
McNaughton and Prime Television New Zealand Ltd - 2005-109
2005-109

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Thing Called Love – promo – AO rated programme – promo screened at 7. 10pm – PGR time band – host programme rated G – allegedly offensive, contrary to children’s interests and incorrectly classifiedFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – PGR-rated promo broadcast during G-rated host programme in breach regardless of time band – upheld Standard 9 (children’s interests) – majority – PGR rating acknowledged children’s interests – minority – promo should have been rated AO – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified programme, A Thing Called Love, was screened on Prime Television around 7. 10pm on 19 August 2005, during the PGR time band....

Decisions
Dulakiverata and National Pacific Radio Trust Inc - 2007-032
2007-032

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Fijian Language Programme – interview with Frank Bainimarama discussing situation in Fiji – Mr Bainimarama portrayed situation in Fiji as cheerful and normal – allegedly in breach of balance and social responsibility standardsFindings Principle 7 (social responsibility) – matters raised by complainant were ones of editorial discretion – not upheldPrinciple 4 (balance) – broadcaster upheld balance complaint – action taken insufficient – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast[1] An item broadcast on Niu FM during its Fijian Language Programme on 15 December 2006 contained an interview with Commander Frank Bainimarama....

Decisions
Findlay and Television New Zealand Ltd - 2008-110
2008-110

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – contained brief flashes of two characters having sex – allegedly subliminal messaging in breach of programme information standard Findings Standard 8 (programme information) – flashes did not constitute subliminal perception – 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 13 July 2008. In one scene, the King and Ann Boleyn danced together. As they danced, five brief and separate shots of the couple having sex were shown. When the dance ended, a sex scene followed, during which Ann slapped the King’s face and scratched his back drawing blood. She then revealed to the King her desire for his ex-wife and first child to be killed....

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
Buxton and Television New Zealand Ltd - 2009-016
2009-016

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – allegedly in breach of programme classification and violence standards Findings Standard 7 (programme classification) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld Standard 10 (violence) – violence went beyond PGR classification – inadequate warning – broadcaster did not exercise sufficient care – upheld No Order This headnote does not form part of the decision. Broadcast [1] The first episode of Shortland Street for 2009 was broadcast on TV2 at 7pm on Monday 19 January. It began with a brief recap of the final episode from 2008, in which one of the characters, Ethan Pearce, was shot in his home. Ethan was shown covered in blood struggling to move out through his yard and onto a beach, where he died....

Decisions
Waters and TVWorks Ltd - 2010-101
2010-101

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989We Own the Night – sex scene broadcast at approximately 8. 32pm contained footage of woman with hand between her legs, couple kissing, partial nudity, man's hand down woman's pants – allegedly in breach of good taste and decency, children’s interests and responsible programming 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] A movie called We Own the Night was broadcast on TV3 at 8. 30pm on Saturday 29 May 2010....

Decisions
Hooker and TV3 Network Services Ltd - 2002-043
2002-043

ComplaintPromo – Bitches and B*stards – offensive language – promo for AO rated programme screened at 8. 00pm – inappropriately classified FindingsStandard G2 – contextual matters – no uphold Standard G8 – promo appropriately classified – no uphold Standard G12 – taking into account classification and theme of programme in which promo screened – no uphold Standard G22 – see G8 – no uphold Standard G24 – no violent or explicit material – no uphold This headnote does not form part of the decision. Summary [1] A promo for the AO rated programme Bitches and B*stards was broadcast by TV3 at 8. 00pm on 15 November 2001, during the PGR rated programme Family Confidential. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the broadcast of offensive language at that time was unacceptable and in breach of the broadcasting standards....

Decisions
Swenson and Television New Zealand Ltd - 2002-160, 2002-161, 2002-162
2002-160–162

Complaint Coca-Cola Chart Show and Coca-Cola RTR Countdown – 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 Kiss Kiss, Hot in Herre and Are You In? were broadcast on TV2’s Coca-Cola RTR Countdown at 6. 00pm on 20 July 2002 and on the Coca-Cola Chart Show at 10. 00am on 21 July 2002. [2] Tina Swenson complained to Television New Zealand Ltd, the broadcaster, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Decisions
Millar and Television New Zealand Ltd - 2005-042
2005-042

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

Decisions
Francis and Television New Zealand Ltd - 2006-010
2006-010

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Gathering Storm – use of obscene language in a PGR classified film – allegedly in breach of good taste and decency and programme classificationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning not necessary – not upheldThis headnote does not form part of the decision. Broadcast [1] The Gathering Storm screened on TV One at 9. 15pm on 7 January 2006. It was a dramatised documentary about the life of Winston Churchill during the period between the two world wars. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that despite the programme being rated PGR, it contained objectionable language, and no warning had been given....

Decisions
Nielsen and TVWorks Ltd - 2012-010
2012-010

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Comedy Convoy – female comedian stated, “When I was in my early twenties I really wanted kids, like I really wanted them, but I just could never lure them into my car” – audience responded with laughter – allegedly in breach of standards relating to good taste and decency, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – comment clearly intended as a joke – broadcast in the middle of the day during the school term – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Home and Away – not upheld Standard 8 (responsible programming) – promo correctly rated G and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision....

Decisions
Cole, Smith and Proctor and Television New Zealand Ltd - 1996-008, 1996-009, 1996-010
1996-008–010

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-008 Decision No: 1996-009 Decision No: 1996-010 Dated the 8th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PITA COLE of Wellington and ANTHONY SMITH of Palmerston North and BRENT PROCTOR of Bluff Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
DowElanco (NZ) Ltd and Television New Zealand Ltd - 1996-064
1996-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-064 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOWELANCO (NZ) LIMITED of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Hon Richard Prebble MP and Television New Zealand Ltd - 2000-167
2000-167

ComplaintOne News, Breakfast – archival footage not identified as such – Prime Minister not in Parliament – upheld by broadcaster FindingsAction taken insufficient – public misled – private apology insufficient OrderBroadcast of statement This headnote does not form part of the decision. Summary A news report on a debate in Parliament about the Dover Samuels affair was accompanied by footage showing the Prime Minister shaking her head as if denying the allegations made by the Leader of the Opposition. The item was broadcast on One News on 13 August and Breakfast and Midday on 14 August 2000. Hon Richard Prebble MP complained to Television New Zealand Ltd, the broadcaster, that as the Prime Minister was not in Parliament at the time when the allegations were made, the footage was a fabrication. In fact, he said, no government MP had denied the allegations....

Decisions
Hindu Council of New Zealand and Triangle Television Ltd - 2007-070
2007-070

Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...

Decisions
Shieffelbien and RadioWorks Ltd - 2007-102
2007-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Edge – host prank called the National Poison Centre pretending that a friend had ingested window cleaner – allegedly in breach of social responsibility standard Findings Principle 7 (social responsibility) – the prank call wasted the Centre’s time and resources – the hosts knew that they did not require assistance from the Centre – the prank call was socially irresponsible – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast [1] An item called “Win Dom’s Money” broadcast on The Edge at 8am on 9 August 2007, involved a radio personality named Chang being dared to drink a shot glass of glass cleaner for $60. Before the hosts allowed Chang to drink the shot, one of them rang a phone number located on the back of the bottle of glass cleaner....

Decisions
Hooker and Television New Zealand Ltd - 2002-008
2002-008

ComplaintThe Sopranos – scene in which man attacks and kills pregnant woman – offensive – violence against woman and unborn baby – horrific – unjustifiable – gratuitous FindingsStandard G2 – unacceptable material – uphold Standard V1 – scene not essential or justifiable in context of programme – uphold Standard V2 – realistic violence used gratuitously for heightened impact – uphold Standard G8 – subsumed This headnote does not form part of the decision. Summary [1] An episode of The Sopranos was broadcast on TV2 at 9. 30pm on 6 September 2001. The Sopranos is a drama about an American-Italian mafia family living in the eastern United States. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a scene in which a pregnant woman is beaten and killed, which he considered breached standards relating to good taste and decency, violence and appropriate classification....

Decisions
McMillan and Television New Zealand Ltd - 2013-025
2013-025

Summary [This summary does not form part of the decision. ]An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact....

Decisions
O'Neill and TVWorks Ltd - 2011-127
2011-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989LMFAO Video Hits – LMFAO song “Shots” broadcast at 7....

Decisions
Manufacturing and Construction Workers Union Inc and Capital FM Ltd - 1994-088
1994-088

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 88/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MANUFACTURING AND CONSTRUCTION WORKERS UNION INC Broadcaster CAPITAL FM LIMITED of Wellington I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

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