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Decisions
Smokefree Coalition and Radio New Zealand Ltd - 2000-096
2000-096

Complaint Spectrum – documentary – Cuban cigar business – promoted cigar smoking – glamorised cigars – unbalanced – illegal FindingsPrinciple 2 – no jurisdiction over Smoke-free Environments Act – no uphold Principle 4 – not a controversial issue – no uphold Principle 7 – freedom of speech – no uphold This headnote does not form part of the decision. Summary A Spectrum documentary broadcast on National Radio on 7 December 1999 focused on people involved in the cigar industry. Cuban growers and manufacturers were interviewed, as well as a retailer of cigars in New Zealand. The Smokefree Coalition complained to Radio New Zealand Ltd, the broadcaster, that the programme promoted and glamorised cigar smoking, and gave considerable airtime to promoting the business of an Auckland retailer of cigars....

Decisions
Lowe and Television New Zealand Ltd - 1998-086
1998-086

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-086 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hoy and Werder and TV3 Network Services Ltd - 1997-066, 1997-067
1997-066–067

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-066 Decision No: 1997-067 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MAURICE HOY of Auckland and K J WERDER of Waitoa Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Clarke and 4 Others and RadioWorks Ltd - 2010-068
2010-068

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Decisions
Durkin and Television New Zealand Ltd - 2001-015
2001-015

ComplaintOne News – item about HIV positive man facing charges of sexual offending – HIV status irrelevant to criminal allegations – broadcaster did not respect principles of law - unbalanced – impartial – unfair – broadcaster not mindful of effect on children – item caused unnecessary panic, alarm and distress FindingsStandard G5 – standard concerned with maintenance of law and order – possible breach of law beyond Authority’s jurisdiction – no uphold Standard G16 – broadcast did not cause "unnecessary" alarm – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6. 00pm on 23 November 2000 described the court appearance of a North Shore teacher who faced 20 charges in relation to sex offences allegedly committed against six boys. The news item described the man, whose name had been suppressed, as having tested HIV positive....

Decisions
Malskaitis and TVWorks Ltd - 2011-039
2011-039

Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....

Decisions
Ede and The Radio Network Ltd - 2009-005
2009-005

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Morning Pirates – hosts discussed the act of people photocopying their naked bottoms on the office photocopier – one of the hosts photocopied his bottom on the radio station's photocopying machine and encouraged listeners to do the same – host invited listeners to exchange photocopies with him via facsimile – allegedly in breach of good taste and decency, law and order and responsible programming Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – hosts' actions were inoffensive and harmless – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Pirates breakfast show, broadcast on Radio Hauraki at 7....

Decisions
Smith and Television New Zealand Ltd - 2008-018
2008-018

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Decisions
Frewen and Television New Zealand Ltd - 2004-053, 2004-054
2004-053–054

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 Grassroots Business – included report from Telecom representative which promoted a Telecom product or service – failed to distinguish between programme and advertising material – Standard 8 and Guideline 8a – TVNZ upheld complaint – TVNZ advised clarity required in any future series – complainant dissatisfied with action taken and referred action taken to Authority – a second complaint that other sponsors’ products and services also not clearly distinguished – not upheld by TVNZ – also referred to AuthorityFindings i) Standard 8 – broadcaster retained editorial responsibility – not upheld ii) Action taken – sufficient in the circumstances – complaint is a reminder to all broadcasters of obligations under Standard 8 – not upheldThis headnote does not form part of the decision. Broadcast [1] Grassroots Business was shown on TV One on Saturday mornings at 7....

Decisions
Robbins and Bright and The Beach 94.6FM - 2004-108, 2004-109, 2004-110, 2004-111
2004-108–111

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Decisions
Cone and Radio New Zealand Ltd - 2003-038
2003-038

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Decisions
Morgan and Television New Zealand Ltd - 1994-121
1994-121

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 121/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS MORGAN of Kihikihi Broadcaster TELEVISION NEW ZEALAND LIMITED J R Morris (Acting Chairperson) L M Loates W J Fraser...

Decisions
Guy and The Radio Network Ltd - 2010-089
2010-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix – host made comments about smacking a child – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 2 (law and order) – item did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – newsreader made it clear that smacking children was illegal – broadcaster was sufficiently mindful of the effect the programme’s content would have on children listening – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 7. 30am on Wednesday 16 June 2010 on the radio station Easy Mix, the presenter and newsreader had a brief discussion....

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

Decisions
Hadfield and Television New Zealand Ltd - 2002-100–104
2002-100–104

ComplaintsPromos – Mercy Peak x 3 – The Swap x 1 – Bad Girls x 1 – offensive language – classification – violence – two aspects of one complaint upheld by TVNZ – excessive violence and wrongly classified – reasons for promos advanced by TVNZ as informing and attracting viewers by using interesting and intriguing sequences FindingsStandard 1 and Guideline 1a, Standard 7 and Guideline 7b, Standard 10 and Guideline 10c – five promos did not contain offensive language or offensive behaviour – no uphold; the four promos contained minimal violence and were not inappropriately classified – no uphold This headnote does not form part of the decision. Summary [1] Promos for Mercy Peak, The Swap and Bad Girls were broadcast by TVNZ at various times and on different days in April 2002....

Decisions
Sheaf and TV3 Network Services Ltd - 2000-009
2000-009

SummaryIn a segment of Target which was broadcast on TV3 on 19 September 1999 beginning at 7. 00pm, viewers were advised how to remove graffiti from a variety of surfaces when "little parliamentarians" had been naughty. The graffiti which was removed included a number of messages couched in schoolyard language such as "Jenny and Winston 4 eva", "Jenny © Timberlands", and "Jenny and Timberlands up a tree L. O. G. G. I. N. G. "Stephen Sheaf complained to TV3 Network Services Ltd, the broadcaster, that the messages contained in the graffiti phrases were both childish and totally inexcusable. Apart from what he called the obvious political overtones, they had contained "emotional smear tactics", he wrote. The segment, TV3 advised, was a light-hearted piece which explained how common household products could be used to remove graffiti....

Decisions
Samuel and TVWorks Ltd - 2011-097
2011-097

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
Malcolm and Radio New Zealand Ltd - 2016-018 (27 June 2016)
2016-018

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....

Decisions
Harrison and TV3 Network Services Ltd - 2003-138, 2003-139, 2003-140
2003-138–140

ComplaintPromos – The Strip – sexual material – allegedly offensive – promos for AO programme screened in G and PGR time-bands – inappropriate FindingsStandard 1 – contextual factors – no uphold Standard 5 – not relevant – no uphold Standard 7 – majority – promos appropriately classified PGR – minority – inappropriate rating – classification code AO should have been used – two promos shown during 3 News – failed to comply with PGR time-band – uphold; majority – promo shown during 20/20 – complied with PGR time-band – no uphold – minority – inappropriate classification – breachNo Order This headnote does not form part of the decision. Summary [1] Promos for The Strip were broadcast by TV3 at various times on 30 June, 1 and 6 July 2003....

Decisions
Hooker and TV3 Network Services Ltd - 2002-035
2002-035

Complaint Titus – "whore" – "ho" – offensive language – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] An episode of Titus was broadcast on TV3 at 8. 00pm on 22 October 2001. Titus is an American situation comedy series. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the use of the word "whore" in the programme breached standards relating to good taste and decency. He also considered that the broadcast had been incorrectly classified and that TV3 had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

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