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ComplaintOur World: The Farm that Time Forgot – Captain’s Log – commercial break in each programme included a Toyota bugger advertisement – programme presentation – offensive language FindingsSection 4(1)(a) and standard G2 – conjunction – advertisements in context – no uphold Standard G7 – no technical deception – no uphold Standards G8 and G12 – not unsuitable at 8. 40pm – no uphold This headnote does not form part of the decision. Summary [1] An episode of Our World entitled The Farm that Time Forgot was broadcast by TV One starting at 8. 05pm on Saturday 28 April 2001. During a commercial break at about 8. 40pm, a Toyota advertisement containing the word "bugger" was broadcast....

Complaint under section 8(1B)(b)(i) and (ii) of the Broadcasting Act 1989Te Ahi Kaa – discussed post-earthquake relief efforts in Christchurch – included audio extract from a previous news bulletin reporting on the earthquake – allegedly in breach of accuracy and responsible programming standards – broadcaster upheld complaint under responsible programming standard – action taken allegedly insufficient FindingsStandard 8 (responsible programming) – action taken by the broadcaster was sufficient – not upheld Standard 5 (accuracy) – use of audio extract not inaccurate or misleading when considered in context – not upheld This headnote does not form part of the decision. Broadcast [1] Te Ahi Kaa, a programme broadcast on Radio New Zealand National on Monday 14 March 2011 just after the 1am news bulletin, discussed some of the post-earthquake relief efforts in Christchurch....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Summary An episode of The Ricki Lake Show was screened on Labour Day - a public holiday. The episode was broadcast on TV2 on 25 October 1999, commencing at 2. 00pm. The programme was rated AO because it contained adult content. Ms Watkins complained to Television New Zealand Limited, the broadcaster, that TVNZ breached broadcasting standards by broadcasting an AO classified programme before 8. 30pm on a public holiday. TVNZ agreed that the episode should not have been shown during PGR time. It said that the mistake occurred because its scheduler had not checked the schedule adequately, given that the date was a public holiday, and its new computer system had not prompted its scheduler that the show had been scheduled outside its time band. TVNZ upheld the complaint, apologised to the complainant, and advised that steps had been taken to ensure that the incident would not recur....

Summary [This summary does not form part of the decision. ]The song 'Anaconda' by Nicki Minaj was broadcast on Humm FM 106. 2, a Hindi radio station, at 3. 30pm on a weekday. The Authority upheld the complaint that the broadcast of the song, which contained swearing and sexually explicit language, at this time of day, on this station, would be unexpected and offensive to most listeners. Upheld: Good Taste and Decency, Responsible ProgrammingNo OrderIntroduction[1] Humm FM 106. 2, a radio station broadcast primarily in Hindi, featured a song (in English) called 'Anaconda' by American rapper Nicki Minaj. It contained swearing and sexually explicit language and was broadcast at about 3. 30pm on a Friday. [2] Jaswin Narayan complained that the song was 'loaded' with 'sexual content and language' that was 'completely inappropriate' for broadcast during the day....

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – female character struck gang leader on the head with a hammer – later kicked him repeatedly as he was tied up on the ground – allegedly in breach of violence and programme classification standards Findings Standard 7 (programme classification) – violence was graphic and realistic – deserved higher classification – upheld Standard 10 (violence) – violence went beyond PGR classification – warning inadequate – broadcaster did not exercise sufficient care – upheld This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 20 January 2009. It began with a brief recap of violence that had taken place in the previous episode, continuing a long-running storyline concerning gang crime....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Hotel Babylon – sex scene broadcast one minute after the Adults Only watershed – broadcaster upheld complaint under three standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency), 7 (programme classification) and 9 (children’s interests) – broadcaster upheld complaint under three standards and counselled appraiser – action taken sufficient This headnote does not form part of the decision. Broadcast [1] An episode of Hotel Babylon, a BBC drama following the lives of workers at a five-star hotel, was broadcast on TV One at 8. 30pm on Wednesday 1 October 2008. The programme’s introductory sequence at 8. 31pm included a five-second scene showing a couple having sex. No breasts or genitals were shown, and, although the woman’s naked back could be seen as she straddled a man in bed, her buttocks were covered with a sheet....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the words “fuck” and “cunt” – allegedly in breach of discrimination and denigration, and responsible programming standards FindingsStandard 8 (responsible programming) – Authority has previously found that the movie was appropriately classified AO and screened at 8. 30pm – not upheld Standard 7 (discrimination and denigration) – complainant did not identify a section of the community which she considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Saturday 19 February 2011. [2] At approximately 8. 40pm, one of the characters used the word “fuck”....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Babel – young female movie character shown exposing her genitals at approximately 9. 01pm – allegedly in breach of good taste and decency, children's interests and responsible programming standards FindingsStandard 1 (good taste and decency) – genital nudity brief and indistinct – relevant to storyline – contextual factors – not upheld Standard 9 (children's interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – movie correctly classified AO – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Babel was broadcast on TV One at 8. 30pm on Saturday 14 August 2010. The film followed four seemingly unrelated stories about people living in different parts of the world that eventually intertwined and led back to a powerful gun bought by a Moroccan goat herder....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

Complaint3 News – armed gunmen in Fiji – new uprising or old army exercise? – developing news or old footage? – inaccurate and misleading – caused tourists to cancel trips to Fiji FindingsStandard G1 – inaccurate description of event as "latest incident" – uphold Standards G2, G6, G11, G14, G15, G16, G21 – overall, items not unbalanced or misleading or causing unnecessary panic alarm or distress – no uphold No Order This headnote does not form part of the decision. Summary Footage of Fijian men firing automatic rifles inside an Indian school complex in Labasa on the Fiji island of Vanua Levu, was the subject of two separate news items broadcast on 3 News at 6pm. The first news item, broadcast on 29 November 2000, referred to the footage as "the latest incident" in a terror campaign against Indian villagers....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

ComplaintThe Bits in Between – sexual/adult themes – offensive – 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 Bits in Between was broadcast on TV3 at 7. 30pm on 24 September 2001. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes which were outside accepted norms of good taste and decency. He also considered that the programme was incorrectly classified and that the broadcaster had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

SummaryThe New Zealand Film and Television School Ltd was the subject of items on Holmes broadcast at 7. 00pm on 15 and 16 December 1998. The item on the 15th suggested that some students had been expelled because they complained about aspects of the school’s programme. It also included an interview with Ms Marilyn Hudson, the School’s Managing Director. The item on the 16th included comments from other dissatisfied past and present students and their families, and an interview with a spokesperson from the New Zealand Qualifications Authority. On behalf of the School, Ms Hudson complained to Television New Zealand Ltd, the broadcaster, about both items. She said that the first item contained inaccuracies, and was unbalanced, misleading and unfair both to her and the School. The second item, Ms Hudson complained, also contained some inaccuracies, and again was unbalanced, misleading and unfair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skins – programme about a group of teenagers in Britain – showed teenagers drinking excessive amounts of alcohol and taking drugs – contained sexual material, nudity, violence and coarse language – allegedly in breach of good taste and decency, law and order, responsible programming, children’s interests, violence and liquor promotion standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme correctly classified AO9....

Complaint under section 8(1)(b) of the Broadcasting Act 1989 The Rock – stunt in which announcers let off fireworks to test “Jimmy’s ability to dodge fireworks” – allegedly in breach of law and order and social responsibility standardsFindings Principle 2 (law and order) – subsumed under Principle 7Principle 7 (social responsibility) – stunt was socially irresponsible – did not consider effects on child listeners – hosts’ manner trivialised the potential danger of aiming fireworks at another person – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast[1] In a segment called “Do Stuff to Jimmy” on The Rock, broadcast at approximately 8. 15am on 20 October 2006, the announcers commented on the recent call to ban fireworks for public sale....