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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
Tregurtha and Television New Zealand Ltd - 1991-012
1991-012

Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...

Decisions
Gillanders and Television New Zealand Ltd - 1996-058
1996-058

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-058 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANN GILLANDERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Fischer and Television New Zealand Ltd - 1995-130
1995-130

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 130/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Werder and Television New Zealand Ltd - 1998-115, 1998-116
1998-115––116

Summary The programme Police, broadcast weekly on TV2, depicts aspects of police work, including the apprehension of criminals. Episodes broadcast on 30 April and 14 May 1998 at 8. 00pm included angry exchanges where the word "fuck" and its derivatives were used on several occasions. Mr Werder complained to Television New Zealand Ltd, the broadcaster, that the language was offensive and should not have been broadcast at a time when children were watching television. In his view, the warning preceding the programmes was inadequate and did not absolve the broadcaster of its responsibility to be mindful of children. In its response, TVNZ pointed out that Police was a documentary about actual police work. It was all too common, it noted, that police encountered abusive people who gave vent to their feelings by using foul language....

Decisions
Brock and Television New Zealand Ltd - 2015-077 (28 January 2016)
2015-077

Summary[This summary does not form part of the decision. ]An episode of Shortland Street showed the death of a 14-year-old character, Pixie. Pixie had apparently been undergoing chemotherapy and was hospitalised for pneumonia. At the end of the episode, Pixie’s condition rapidly deteriorated and she died. The Authority did not uphold a complaint that the item should have been preceded by a warning because children could have been disturbed and upset by the content. Shortland Street is rated PGR and frequently features adult themes. While the fictional depiction of a child’s death was potentially upsetting, it was not outside audience expectations and parents had an opportunity to exercise discretion. Not Upheld: Responsible Programming, Children’s InterestsIntroduction[1] An episode of Shortland Street showed the death of 14-year-old character Pixie. Pixie had apparently been undergoing chemotherapy and had contracted pneumonia....

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
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
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...

Decisions
Minister of Health (Hon Jenny Shipley) and Television New Zealand Ltd - 1996-025
1996-025

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-025 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH (Hon Jenny Shipley) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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
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
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
Allen and Television New Zealand Ltd - 2011-057
2011-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – segment called “Good Sorts” profiled volunteer fireman – interviewee used the phrase “good bastard” twice – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – language used in complimentary way – not aggressive or abusive – contextual factors – not upheld Standard 9 (children’s interests) – One News was an unclassified news programme targeted at adults – contextual factors – not upheld Standard 8 (responsible programming) – One News was an unclassified news programme – standard not applicable – not upheld Standard 4 (controversial issues) – no discussion of a controversial issue – not upheld This headnote does not form part of the decision....

Decisions
McLean, Hardy, Bennett and Henry, and Pacific Coast FM - 2007-098
2007-098

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Decisions
Bhatnagar and RadioWorks Ltd - 2012-045
2012-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

Decisions
Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024
1993-010–024

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...

Decisions
Hooker and Television New Zealand Ltd - 2002-037
2002-037

Complaint60 Minutes – promo – clip of Norm Hewitt – use of word "shit" – offensive language – breach of good taste and decency – breach of classification codes and time bands – not mindful of the effect on children – explicit material unacceptable in a promo FindingsStandard G2 – quietly used vernacular figure of speech – context – no uphold Standard G8 – appropriate classification – no uphold Standard G12 – important social message for younger viewers – no uphold Standard G24 – no violence or other explicit material – not relevant This headnote does not form part of the decision. Summary [1] A promo for the current affairs programme 60 Minutes contained a 30-second clip of professional rugby player, Norm Hewitt. It was broadcast on 20 October 2001 at 6. 35pm during One News....

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
PS and Daisley and TV3 Network Services Ltd - 1996-130, 1996-131, 1996-132
1996-130, 1996-131,

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-130 Decision No: 1996-131 Decision No: 1996-132 Dated the 10th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by PS of Rotorua and C J DAISLEY of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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