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Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Decisions
Swinerd and TVWorks Ltd - 2012-030
2012-030

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homeland – programme contained brief nudity and sex scene – pre-broadcast warning for “sexual material” – allegedly in breach of good taste and decency, and responsible programming standards FindingsStandard 1 (good taste and decency) – warning for “sexual material” was adequate to cover the content in the programme – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and preceded by an adequate warning – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Homeland, a drama series in which the CIA investigates a possible terrorist threat, was broadcast on TV3 at 8. 30pm on 20 February 2012. At approximately 8. 50pm a woman was shown topless, being interviewed to be part of a Saudi prince’s harem....

Decisions
Simpson and TVWorks Ltd - 2013-031
2013-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – programme classified G and broadcast at 5. 30pm contained storyline involving the date rape of a teenage girl – allegedly in breach of responsible programming, and discrimination and denigration standards FindingsStandard 8 (responsible programming) – episode was unsuitable for unsupervised child viewers and incorrectly classified G – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Home and Away, an Australian soap opera, included a storyline that involved the date rape of a teenage girl. The episode was classified G and broadcast on TV3 at 5. 30pm on 11 April 2013. [2] David Simpson made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the episode was “highly offensive” and that themes of rape and HIV were inappropriate in a G-rated programme....

Decisions
Greer and Radio New Zealand Ltd - 1991-051
1991-051

Download a PDF of Decision No. 1991-051:Greer and Radio New Zealand Ltd - 1991-051 PDF815. 03 KB...

Decisions
Scarlett and The Radio Network Ltd - 2014-059
2014-059

Summary [This summary does not form part of the decision. ]During Canterbury Mornings with Chris Lynch, the host expressed frustration with the length of time it had taken police to decide whether to proceed with criminal investigations in relation to the collapse of the CTV building in the Christchurch earthquake. He said, ‘for Christ’s sake, police, you can do better than this’. The Authority did not uphold the complaint that the use of the word ‘Christ’ breached standards. The use of ‘Christ’ as an exclamation to express surprise or dismay has become an accepted part of colloquial speech and would not have offended most listeners. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During Canterbury Mornings with Chris Lynch, the host discussed the progress of an investigation into the collapse of the CTV building in the February 2012 Christchurch earthquake....

Decisions
Lace and Radio New Zealand Ltd - 2014-111
2014-111

Summary[This summary does not form part of the decision. ]The Authority declined to uphold a complaint that Radio New Zealand's Sunday Morning coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. The broadcast covered a range of topics including Dirty Politics, and as the book was one of the political 'hot topics' in the lead-up to the 2014 general election and widely reported on, listeners could reasonably be expected to be aware of other views. Not Upheld: Controversial Issues, Fairness, Responsible ProgrammingIntroduction[1] Stephen Lace complained that Radio New Zealand's Sunday Morning programme on 24 August 2014, and specifically the coverage of 'Dirty Politics issues', was unbalanced, irresponsible and unfair. He referred to a 'left wing bias' and a lack of serious analysis and discussion of proposed policy....

Decisions
Inland Revenue Department and Television New Zealand Ltd - 1999-164–167
1999-164–167

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

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
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
Sunde and Television New Zealand Ltd - 1999-243
1999-243

Summary A soccer game between Croatia and Yugoslavia ended in a riot, according to a news item on One Network News broadcast on TV One on 19 August 1999 between 6. 00–7. 00pm. The footage which accompanied the item showed baton-wielding police, players and spectators fighting on the soccer field. Gordon Sunde complained to Television New Zealand Ltd, the broadcaster, that the item had been fabricated and was totally misleading. The game, he said, had been played without incident. The video clip shown related to a game which had been played between the same two countries in 1991 and had no relationship to the one being reported. He sought an apology and correction. TVNZ responded to the complaint informally and advised that a correction would be prepared for broadcast. It explained that the footage had been used by mistake and apologised to Mr Sunde....

Decisions
Malcolm and Television New Zealand Ltd - 1997-107
1997-107

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-107 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN MALCOLM of Pukerau Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Binks and 20 Others and TVWorks Ltd - 2010-141
2010-141

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Outrageous Fortune – coarse language broadcast during the first ten minutes of the programme including the word “cunt” – broadcaster upheld breaches of good taste and decency and children’s interests standards in relation to the use of the word “cunt” – action taken allegedly insufficientFindingsStandard 9 (children’s interests) – guideline 9b – frequent use of language amounted to broadcast of strong adult material too close to 8. 30pm watershed – broadcaster did not adequately consider children’s interests – upheld Standard 8 (responsible programming) – frequent coarse language and use of the word “cunt” in first 10 minutes of the programme constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheldStandard 1 (good taste and decency) – frequent coarse language before 8....

Decisions
Williams and CanWest Radio NZ Ltd - 2002-052
2002-052

ComplaintChannel Z – competition about method of waking up another person – broadcast of male competitor who apparently woke female flatmate with her vibrator – serious criminal offence – offensive behaviourFindingsPrinciple 1 – offensive behaviour described – telephone call recorded – tape reviewed and approved for broadcast – serious error of judgment – upholdOrderBroadcast of approved statement Costs of $2,000 to CrownThis headnote does not form part of the decision. Summary[1] Novel ways of waking a person up were the subject of a competition run on Channel Z. At about 7. 30am on 14 December 2001, Channel Z broadcast a tape of a male competitor waking up a female flatmate in her bedroom by using her vibrator. The broadcast included her invective directed at the competitor when she awoke....

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
Hooker and TV3 Network Services Ltd - 2002-030
2002-030

ComplaintManhattan on the Beach – sexual/adult themes – 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] The final episode of Manhattan on the Beach was broadcast on TV3 at 8. 00pm on 18 September 2001. Manhattan on the Beach was a fly-on-the-wall documentary series which followed New Yorkers on holiday in the Hamptons – a resort location in up-state New York. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes and a "simulated sex act" which were outside accepted norms of good taste and decency....

Decisions
Exton and Television New Zealand Ltd - 2003-014
2003-014

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Decisions
Dulakiverata and National Pacific Radio Trust Inc - 2007-051
2007-051

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(b) of the Broadcasting Act 1989 Fijian Language Programme – interview with Adi Asenaca discussing the policies of the deposed SDL government – Ms Asenaca gave her views on the coup and the interim government – allegedly in breach of balance and social responsibility standards Findings No recording available – decline to determine complaint under s11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item broadcast on Niu FM during its Fijian Language Programme on 23 March 2007, contained an interview with former Fijian MP Adi Asenaca. [2] The interview focused on discussing several policies and laws introduced by the former Soqosoqo Duavata ni Lewenivanua (SDL) government in Fiji....

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
Butcher and The RadioWorks Ltd - 2002-057
2002-057

ComplaintThe Edge – ring-in competition – how to deal with unwanted singing hamster – some callers’ suggestions violent and cruel – offensive – illegal – inappropriate for childrenFindingsPrinciple 1 – insufficient information about context – decline to determinePrinciple 2 and Principle 7, guideline b – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] Listeners to The Edge were invited to phone in and suggest ways of dealing with an unwanted singing hamster. The suggestions broadcast between 7. 50–8. 10am on 21 December 2001 involved various degrees of violence and cruelty. [2] Mr Butcher complained to The RadioWorks Ltd, the broadcaster, that the methods were offensive, illegal and inappropriate for broadcast during children’s normal listening times. [3] When the broadcaster failed to respond to his formal complaint, Mr Butcher referred it to the Broadcasting Standards Authority under s....

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