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Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....

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....

ComplaintPromo – 60 Minutes – "pissed off" – offensive language – incorrect classification – broadcaster not mindful of the effects of broadcast on children – broadcaster not mindful of explicit material in promo FindingsStandard G2 – context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for 60 Minutes was broadcast on TV One at 6. 50pm on 10 November 2001. The promo was for an item on Dean Barker, New Zealand’s America’s Cup skipper. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about Mr Barker’s use in the promo of the phrase "pissed off". [3] TVNZ declined to uphold the complaint....

Complaint under section 8(1C) of the Broadcasting Act 1989Promo for Friday Night of Comedy – contained footage from programme episodes that had already screened – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – comedy promo not a factual programme to which the accuracy standard applies – not upheld Standard 8 (responsible programming) – promo was generic and promoted programme series, as opposed to specific upcoming episodes – promo did not deceive or disadvantage viewers as envisaged by the standard – not upheld This headnote does not form part of the decision. Introduction [1] A promo for Friday Night of Comedy highlighted multiple programmes that were scheduled to screen that evening, and contained footage from the different programme series. The promo was broadcast on TV One at about 6. 20pm on 24 August 2012....

ComplaintHolmes – air accident – advice for travellers to dress as for a bonfire – offensive – sensational – distasteful FindingsStandard G14 – not applicable Standard G16 – perhaps flippant comments but would not cause alarm Standard G20 – not relevant This headnote does not form part of the decision. Summary An item on Holmes, broadcast on TV One on 3 November 2000 beginning at 7. 00pm, gave advice to travellers about how to improve their chances of surviving an aircraft disaster. The item followed an aircraft accident in Taipei. R P Worthington complained to Television New Zealand Ltd, the broadcaster, that the subject matter had been handled in a distasteful manner, and was inflammatory and biased. In the complainant’s view, the way in which the item had been written was particularly offensive....

Summary [This summary does not form part of the decision. ]Fair Go reported on an elderly man who had difficulties with his dentures and explored his legal rights. The Authority declined to uphold a complaint from the dentist who made the dentures, finding that he was only identifiable to a very limited group of people, no private facts were disclosed about him and the disclosure was not highly offensive as he was not portrayed in an overly negative light. Not Upheld: Fairness, Privacy, Controversial Issues, Responsible ProgrammingIntroduction[1] An item on Fair Go discussed the case of an elderly man, X, who complained of difficulties with his new dentures. [2] X's dentist, DD, complained that the item reflected negatively on his dental practice and the services offered to X, which breached his privacy and was unfair....

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....

SummaryA news item broadcast by National Radio at 6. 00pm on 5 November 1998 concerned an appeal against life imprisonment by one of Britain’s "Moors" murderers, Myra Hindley. In his letter of complaint to the broadcaster, Radio New Zealand Ltd, Mr Butler wrote that the item appeared to have been selected for broadcast because of its prurient nature and, as the murders were committed 30 years ago in England, he contended that they were no longer of any interest to New Zealanders. He expressed particular concern about what he believed to be gratuitous detail about the murders at the conclusion of the item. The concluding statement, he reported, had included the words "they tortured some of their victims and recorded their screams". RNZ advised that it did not consider Mr Butler’s letter of complaint to be a formal one....

Summary A competition which invited listeners to relate how and at what age they had lost their virginity was broadcast on 91 ZM in Christchurch on 23 June 1999 at about 4. 30pm. Mr Eccleton complained to the station manager that by promoting the competition, the announcer was being irresponsible and cheap. He said he considered it to be "simply tacky" to promote the competition. When he did not have a response from the station within 20 working days, Mr Eccleton referred the matter to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. At the Authority’s request, the station responded to the complaint. First it advised that it had not received the original letter of complaint, and secondly, that when the second letter was referred to it, it had not treated the matter as a formal complaint....

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

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....

ComplaintThe Rock – Morning Rumble – competition – the worst things that had ever happened to you when you’ve been drinking – story about drunk youth – stripped – drawn on – urinated over – crutch pushed into rectum – photos taken – person embarrassed and later left school – encourages abuse FindingsPrinciple 1 – story offensive – uphold Principle 7 guideline 7b – 7. 15–8. 15am normally accepted listening time for children – uphold OrderCosts of $2,500 to the Crown This headnote does not form part of the decision. Summary [1] A competition entitled "The worst things that have ever happened to you when you’ve been drinking" was run on The Rock between 7. 15–8. 15am on 31 July 2001....

Summary"You and me baby, we ain’t nothing but mammals, so let’s do it like they do on the Discovery Channel" is a line from a song by The Bloodhound Gang played on 91 ZM on 20 November 1999 at 7. 45am. Vaughan and Diane Barrow complained to The Radio Network Ltd, the broadcaster, that the lyrics of the song breached current norms of decency and good taste, were harmful to children, and transgressed broadcasters’ obligation to be socially responsible. The Radio Network considered the complaint only under the good taste standard and, noting that the song contained innuendo and double entendres, argued that such content was nevertheless the norm for music targeted at youth. It noted that the song had had heavy airplay for at least three months and that it had received no other complaint about its content. It declined to uphold the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE IRVINE of Auckland Broadcaster 95 bFM Auckland University J M Potter Chairperson L M Loates W J Fraser R McLeod...

Summary[This summary does not form part of the decision. ]An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship match, in which he was kicked and punched repeatedly in the head. The Authority declined to uphold two complaints that the footage was excessively violent because the level of physicality was not unexpected and acceptable in the context of a sport news story covering a fight. Not Upheld: Good Taste and Decency, Responsible Programming, Children's Interests, ViolenceIntroduction[1] An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship (UFC) match, in which he was kicked and punched repeatedly in the head until the referee stopped the fight....

SummaryA comment made in an item on the programme Midday which was broadcast on TV One on 9 June 1998 referred to the relationship between mortgage rates and wholesale interest rates. Mr Rawson complained to Television New Zealand Ltd that because New Zealand banks operated under a fractional reserve system, the comment was inaccurate and misleading. TVNZ advised Mr Rawson that it had undertaken research into his complaint which had verified the item’s statement that banks borrowed from the wholesale money market to lend to their customers, and that when wholesale interest rates rose, lending rates for mortgages generally rose too. Accordingly, it declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Rawson 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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Prime News – pre-recorded BBC item reported on controversial comments by television presenter Jeremy Clarkson that striking workers should be shot – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 5 (accuracy) – focus of the item was the comment made by Mr Clarkson which caused controversy – therefore not misleading to omit footage of other comments – not upheld Standard 4 (controversial issues) – item was a brief snapshot of the response to Mr Clarkson’s comments – did not amount to a discussion of a controversial issue that was of public importance in New Zealand – not upheld Standard 6 (fairness) – higher threshold for finding unfairness to public figure – Mr Clarkson was not treated unfairly – not upheld Standard 8 (responsible programming) – viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments – not…...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-105 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M D STEMSON of Coromandel Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...