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Decisions
Bacon and Radio New Zealand Ltd - 2000-050
2000-050

ComplaintBookmarks – book reading – offensive language; unsuitable for children FindingsPrinciple 1 – potential breach averted by words being beeped – no language or concepts which would offend – not targeted at children – no uphold This headnote does not form part of the decision. Summary An extract from the book "They who do not Grieve" by Sia Figiel was read by her on the Bookmarks programme broadcast on National Radio on 2 December 1999 beginning at 7. 00pm. Part of the extract was masked by an audible beep. Douglas Bacon complained to Radio New Zealand Ltd that the extract read was vulgar and that he could hardly believe the "obscenities" it contained. He said he took into account that it was broadcast during the early evening when younger people could be listening....

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
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
Milich and Television New Zealand Ltd - 2011-053
2011-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Decisions
Noble and Television New Zealand Ltd - 2014-030
2014-030

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Decisions
Faidley and Television New Zealand Ltd - 2013-052
2013-052

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Decisions
Sharp and Television New Zealand Ltd - 1993-034
1993-034

Download a PDF of Decision No. 1993-034:Sharp and Television New Zealand Ltd - 1993-034 PDF 335. 83 KB...

Decisions
Li and CanWest TVWorks Ltd - 2006-064
2006-064

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item investigating “claims that China harvests the organs of executed prisoners for transplants at a price” – included secret footage from transplant centre where staff admitted the practice – reported concerns of British transplant surgeons about lack of consent from prisoners – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to any person or organisation taking part or referred to – not upheld Standard 8 (programme information) – subsumed under Standards 5 and 6This headnote does not form part of the decision. Broadcast [1] On TV3 at 6pm on 20 April 2006, 3 News broadcast an item about organ harvesting in China....

Decisions
McElroy on Behalf of Women Against Pornography and Television New Zealand Ltd - 1999-234
1999-234

Summary An episode of Hollywood Sex, a two-part series dealing with the sex industry in Hollywood, was broadcast on TV2 on 2 September 1999 beginning at 9. 30pm. Rosemary McElroy, on behalf of Women Against Pornography, complained to Television New Zealand Ltd, the broadcaster, that in spite of the warning preceding the programme, the average adult viewer would not have expected what she described as the degree of "pornographic" content which it contained. She contended that the programme breached accepted norms of good taste and decency, and cited several examples of what she considered to be objectionable material. TVNZ noted that various aspects of the sex industry had been depicted, and that the emphasis had been on the curious and grotesque. While the nature of the sexual activity discussed had been indicated, there had been no scenes of sexual intercourse or any full frontal nudity, it observed....

Decisions
Hind and Television New Zealand Ltd - 2008-005
2008-005

Complaint under section 8(1B)(b)(i) Promo for F**k Off I’m Small – use of “F**k Off” in the promo – promo screened during PGR-rated programme – allegedly in breach of good taste and decency and programme classification standards Findings Standard 1 (good taste and decency) – swear word was not said or spelled out – contextual factors – not upheld Standard 7 (programme classification) – promo should have been rated PGR but was appropriately screened during PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme F**k Off I’m Small was broadcast on Tuesday 13 November 2007 at 7. 55pm on TV One during Coronation Street. F**k Off I’m Small was advertised as the premiere episode of a documentary series entitled Real Life, which was to screen at 9. 30pm on Wednesday....

Decisions
Atkinson and Television New Zealand Ltd - 1998-130
1998-130

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

Decisions
Baird and RadioWorks Ltd - 2013-041
2013-041

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....

Decisions
Sharp and Television New Zealand Ltd - 1993-026
1993-026

Download a PDF of Decision No. 1993-026:Sharp and Television New Zealand Ltd - 1993-026 PDF306. 1 KB...

Decisions
Clancy and Television New Zealand Ltd - 2012-086
2012-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
McBride and Television New Zealand Ltd - 1995-156
1995-156

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 156 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Newfield and Television New Zealand Ltd - 1996-054
1996-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-054 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER NEWFIELD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
DuPont (New Zealand) Ltd and TV3 Network Services Ltd - 1996-123, 1996-124
1996-123–124

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-123 Decision No: 1996-124 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DUPONT (NEW ZEALAND) LTD Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
CC and DD and TV3 Network Services Ltd - 1999-055, 1999-056, 1999-057
1999-055–057

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

Decisions
Harrison and Television New Zealand Ltd - 2008-066
2008-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Ugly Betty promo – classified G – contained sexual themes – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – content of promo required a higher classification of PGR – promo should not have screened during a G-rated programme – upheld Standard 9 (children’s interests) – content of promo was more suitable for a mature audience – should not have been broadcast during a G programme children were likely to be watching – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 No Order This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Ugly Betty was broadcast on TV2 at 7....

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....

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