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Decisions
Frewen and Television New Zealand Ltd - 2004-053, 2004-054
2004-053–054

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....

Decisions
Robbins and Bright and The Beach 94.6FM - 2004-108, 2004-109, 2004-110, 2004-111
2004-108–111

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Decisions
New Zealand Rugby Football Union Inc and Television New Zealand Ltd - 2001-005, 2001-006, 2001-007
2001-005–007

ComplaintOne News – 4, 5, 10 August – NZRFU receptionist advised caller of the availability of scalped tickets – receptionist described as a "go-between" and later as "at the centre" of the scam – covert recording of telephone conversation – inaccurate and unfair FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to use covert call given public interest – no uphold; unfair not to broadcast full summary of covert call – uphold Standards G7, G13, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary Following up on information received, a TVNZ journalist, without identifying himself, telephoned the New Zealand Rugby Union (NZRFU) to ask about the availability of a ticket for a forthcoming test match. The call was recorded covertly....

Decisions
Children's Media Watch and TV3 Network Services Ltd and TV4 Network Ltd - 2002-110–114
2002-110–114

ComplaintPromos – Cyberzone – Angel – Star Hunter – Freakylinks – The Strip – nudity – undressing – scary faces – stripping – unsuitable for children – promos for AO programmes screened in G and PGR time bands FindingsStandard 1 – context including programme in which promo broadcast – no uphold in each case Standard 9 – adult themes and adult language in promo for The Strip broadcast in G time slot – uphold; other promos complied with PGR rating No Order This headnote does not form part of the decision. Summary [1] A promo for Cyberzone was broadcast during 7th Heaven screened on TV4 between 7. 30–8. 30pm on 10 April 2002. Promos for Angel, Star Hunter and Freakylinks were broadcast during 7th Heaven screened at the same time on 17 April. A promo for The Strip was broadcast during 3 News screened on TV3 between 6. 00–7....

Decisions
Cone and Radio New Zealand Ltd - 2003-038
2003-038

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Decisions
Mathewson and Television New Zealand Ltd - 2012-128
2012-128

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – reported on man who faced losing two of his fingers if he chose to continue smoking cigarettes – presenter jokingly asked man if he wanted a cigarette – presenter’s comments allegedly in breach of standards relating to good taste and decency, fairness and responsible programming FindingsStandard 1 (good taste and decency), Standard 6 (fairness), and Standard 8 (responsible programming) – presenter’s offer of a cigarette was hypothetical and intended to highlight the man’s triumph in giving up smoking – not intended to “taunt” the man – man was a willing participant and took the comments with good humour – comments would not have offended or distressed most viewers – man treated fairly – broadcast not socially irresponsible – not upheld This headnote does not form part of the decision....

Decisions
Harper and Television New Zealand Ltd - 1994-012
1994-012

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 12/94 Dated the 5th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHARLES B. HARPER of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Halliwell and Television New Zealand Ltd - 1998-076, 1998-077
1998-076–077

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-076 Decision No: 1998-077 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALICE HALLIWELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hooker and TV3 Network Services Ltd - 2002-043
2002-043

ComplaintPromo – Bitches and B*stards – offensive language – promo for AO rated programme screened at 8. 00pm – inappropriately classified FindingsStandard G2 – contextual matters – no uphold Standard G8 – promo appropriately classified – no uphold Standard G12 – taking into account classification and theme of programme in which promo screened – no uphold Standard G22 – see G8 – no uphold Standard G24 – no violent or explicit material – no uphold This headnote does not form part of the decision. Summary [1] A promo for the AO rated programme Bitches and B*stards was broadcast by TV3 at 8. 00pm on 15 November 2001, during the PGR rated programme Family Confidential. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the broadcast of offensive language at that time was unacceptable and in breach of the broadcasting standards....

Decisions
Banbury and Curley and TV3 Network Services Ltd - 1999-060, 1999-061
1999-060–061

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

Decisions
Couper-Wain and TVWorks Ltd - 2010-080
2010-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – contained footage of spiders and skeletal remains – broadcast during 3 News at approximately 6. 55pm – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo correctly classified G – not upheld Standard 9 (children’s interests) – promo correctly classified – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Bones was broadcast at approximately 6. 55pm on 25 April 2010 during 3 News on TV3. [2] Bones was a drama series about a forensic anthropologist called upon by the FBI to solve complex murder cases....

Decisions
Lord and Television New Zealand Ltd - 1997-165
1997-165

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-165 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Sheaf and TV3 Network Services Ltd - 2000-009
2000-009

SummaryIn a segment of Target which was broadcast on TV3 on 19 September 1999 beginning at 7. 00pm, viewers were advised how to remove graffiti from a variety of surfaces when "little parliamentarians" had been naughty. The graffiti which was removed included a number of messages couched in schoolyard language such as "Jenny and Winston 4 eva", "Jenny © Timberlands", and "Jenny and Timberlands up a tree L. O. G. G. I. N. G. "Stephen Sheaf complained to TV3 Network Services Ltd, the broadcaster, that the messages contained in the graffiti phrases were both childish and totally inexcusable. Apart from what he called the obvious political overtones, they had contained "emotional smear tactics", he wrote. The segment, TV3 advised, was a light-hearted piece which explained how common household products could be used to remove graffiti....

Decisions
RT and Television New Zealand Ltd - 2007-087
2007-087

Complaint under section 8(1)(b) of the Broadcasting Act 1989Sunday – item allegedly inaccurate, unbalanced, unfair, and in breach of privacy and programme information standards Findings Standard 3 (privacy) – decline to determine under section 11(b) of the Broadcasting Act 1989 Standards 4 (balance) – not upheld Standards 5 (accuracy) and 6 (fairness) – majority uphold Standard 8 (programme information) – subsumed into consideration of Standards 5 and 6 No Order This headnote does not form part of the decision. Broadcast [1] RT made a formal complaint to Television New Zealand Ltd about an item broadcast on TV One’s Sunday programme at 7. 30pm on 1 July 2007. It was alleged that the programme breached Standards 3, 4, 5, 6 and 8 of the Free-to-Air Television Code. [2] The complainant referred the complaint to the Authority under section 8(1)(b) of the Broadcasting Act 1989....

Decisions
Hastie and The Radio Network Ltd - 2013-060
2013-060

Summary [This summary does not form part of the decision. ]The hosts of the Jase and Dave Drive Show on Classic Hits joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through. The Authority did not uphold the complaint that the use of sexual innuendo was inappropriate for broadcast. No coarse language was used and inexplicit sexual innuendo is permissible during children’s listening times. The host also indicated the topic may be unsuitable for younger listeners, giving parents and caregivers an opportunity to exercise discretion. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During the Jase and Dave Drive Show, broadcast on Classic Hits on the evening of Tuesday 27 August 2013, the hosts joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through....

Decisions
Osborne and CanWest TVWorks Ltd - 2007-027
2007-027

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Simpsons – Halloween episode called "Treehouse of Horror XV" – broadcast at 7pm – allegedly in breach of good taste and decency, children's interests, and programme classification standards FindingsStandard 1 (good taste and decency) – subsumed under Standard 9 Standard 7 (programme classification) – appropriately classified PGR – not upheld Standard 9 (children's interests) – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A Halloween episode of The Simpsons called "Treehouse of Horror XV" was broadcast on TV3 at 7pm on Tuesday 16 January 2007. The episode contained three stories. The first, "The Ned Zone", involved the character Ned Flanders being hit by a bowling ball and thereafter being able to see how people would die....

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

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
Malcolm and Radio New Zealand Ltd - 2016-018 (27 June 2016)
2016-018

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....

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