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Jenkin and Television New Zealand Ltd - 1997-170
1997-170

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-170 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOUGLAS JENKIN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Boyce and Television New Zealand Ltd - 2005-055
2005-055

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Question of Justice – documentary examining the ongoing controversy surrounding the conviction of David Bain for the murders of five family members – included police video, photographs of the crime scene, and re-enactments of the murders – allegedly unfair and in breach of the violence standardFindingsStandard 6 (fairness) – programme explored all different perspectives – not unfair to David Bain – not upheld Standard 10 (violence) – murder scenes not gratuitous – not upheldThis headnote does not form part of the decision. Broadcast [1] A Question of Justice, broadcast on TV One at 8. 30pm on 12 May 2005, examined the ongoing controversy surrounding the conviction of David Bain for the murders of five family members. The programme included police video and photographs of the crime scene, plus re-enactments of the murders and other scenes....

Decisions
Holt and TV3 Network Services Ltd - 2001-212
2001-212

This decision was successfully appealed in the High Court: AP 147-01 PDF 1. 5 MB Complaint3 News – bottle store robbery – footage from security camera showed man being stabbed – gratuitous – violentFindingsV12 – use of footage twice was gratuitous – footage graphic and distressing – warning required – upholdOrderBroadcast of statementThis headnote does not form part of the decision. Summary[1] The attempted robbery of an Auckland liquor store was dealt with in an item on 3 News broadcast on TV3 at 6. 00pm on 5 August 2001. The item included footage from a security camera which showed a man being stabbed twice. The footage was screened twice. [2] Rebekah Holt complained to TV3 Network Services Ltd, the broadcaster, that the footage was gratuitous, and inappropriate before 8. 30pm....

Decisions
Luiten and CanWest TVWorks Ltd - 2005-063
2005-063

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Minister of Police had declined to be interviewed – host said that when Cabinet Ministers refused to front up and discuss serious issues, they would receive the “no-show pie” – animation showing a photograph of the Minister of Police with a cream pie being pushed into his face – allegedly in breach of good taste and decency, unfair and in breach of the violence standardFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – not unfair to the Minister – not upheld Standard 10 (violence) – no issue of violence – not upheldThis headnote does not form part of the decision....

Decisions
Beban and NZME Radio Ltd - 2019-063 (22 January 2020)
2019-063

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

Decisions
Cochran and Radio New Zealand Ltd - 2021-066 (15 September 2021)
2021-066

The Authority has not upheld a complaint about a promo for Checkpoint, broadcast after the 8am news on 11 May 2021, which included soundbites, showcasing the previous day’s news, concerning a supermarket stabbing in Dunedin. The complaint alleged the promo sensationalised news that was no longer current, suggesting another stabbing had occurred, and unnecessarily repeated scenes of violence when affected families were still suffering and children were likely to be listening. In its context, the Authority found the promo content was not likely to cause widespread undue offence or distress and did not breach the children’s interests standard. The programme information, violence and balance standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Programme Information, Children’s Interests, Violence, Balance...

Decisions
Preston and Discovery NZ Ltd - 2021-011 (11 August 2021)
2021-011

Warning: This decision contains language that some readers may find offensive The Authority has upheld a complaint about the classification and scheduling of an episode of SAS Australia which was classified ‘M’ and screened at 7. 30pm. The episode featured aggression, potentially distressing psychological elements and frequent coarse language (more than 35 instances or variations of ‘fuck’). The Authority found this content warranted a higher classification of ‘16’ rather than ‘M’, a stronger warning for frequent language and a later time of broadcast outside of children’s normally accepted viewing times (after 8. 30pm). It therefore upheld the complaint under the good taste and decency and children’s interests standards, as viewers were not given sufficient reliable information to make an informed viewing choice or exercise discretion. Upheld: Good Taste and Decency, Children’s Interests Not Upheld: Violence No order...

Decisions
Lee and TV3 Network Services Ltd - 1995-160
1995-160

THE BROADCASTING STANDARDS AUTHORITY Decision No: 160/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALICIA LEE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Sharplin and Television New Zealand Ltd - 2022-031 (30 May 2022)
2022-031

The Authority has not upheld a complaint about a 1 News item recapping the match between champion heavyweight boxers Tyson Fury and Deontay Wilder. The broadcast was within audience expectations of sports reporting and footage of the knockout punch was justified in the context of a boxing match. The Authority did not consider the broadcast of this sporting event promoted, glamorised or condoned criminal or serious antisocial activity. Not Upheld: Good Taste and Decency, Violence, Law and Order...

Decisions
Smits and TV3 Network Services Ltd - 1994-040
1994-040

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 40/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Lennon and Television New Zealand Ltd - 1998-011
1998-011

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-011 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by YVONNE LENNON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Stranaghan and Television New Zealand Ltd - 2004-013, 2004-014
2004-013–014

ComplaintCoronation Street – two episodes included domestic discord – males struck by females – unnecessary violence – gender discrimination Findings Standard 6 and Guideline 6g – characters treated unequally in fictional series – standard not applicable – not upheld Standard 10 – violence displayed appropriate to dramatic storylines – not upheldThis headnote does not form part of the decision Summary [1] Domestic incidents showing physical abuse of men by their women partners were included in episodes of Coronation Street broadcast on TV One at 7. 30pm on 25 September and 7 October 2003. [2] Edwin Stranaghan complained to Television New Zealand Ltd, the broadcaster, that each incident involved unnecessary violence and gender discrimination. He contended that it was discrimination to show women assaulting men, when it was unacceptable to show men assaulting women. He also argued that the programme should be broadcast later in the evening....

Decisions
Irwin and Television New Zealand Ltd - 2010-087
2010-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Decisions
Bancilhon and Television New Zealand Ltd - 2007-085
2007-085

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

Decisions
Ripley and Television New Zealand Ltd - 1999-143
1999-143

Summary A news item on Midday reported on increasing lawlessness and the use of vigilante justice amongst black communities in South Africa. It focussed on a group of vigilantes avenging the alleged pack rape of a young woman, and included footage of the accused men being beaten by the woman and some vigilantes. The item was broadcast on TV One on 29 April 1999, and repeated in One Network News at 6. 00 pm. Mrs Ripley complained to Television New Zealand Limited, the broadcaster, that graphic footage of defenceless people being beaten and kicked, preceded only by what she said was a "quiet warning from the news-reader", should only be shown in the late news, if at all. Such violent scenes should not be shown at a time when children and young teenagers were able to watch, she wrote....

Decisions
England and Television New Zealand Ltd - 1994-106
1994-106

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R J ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
MacPherson and TV3 Network Services Ltd - 1997-175
1997-175

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-175 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MACPHERSON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S Maling Chairperson L M Loates R McLeod J Withers...

Decisions
McIntyre and Television New Zealand Ltd - 1999-075
1999-075

Summary Mad Max 2 – The Road Warrior, starting at 9. 15pm, was broadcast on TV2 on 10 April 1999. Referring to a scene which showed a motorcycle gang member raping a woman and then shooting her, B McIntyre complained to Television New Zealand Ltd that the broadcast breached broadcasting standards. Explaining that the fantasy-adventure film was classified AO, and that it began 45 minutes after the watershed, TVNZ declined to uphold the complaint. The violence was justifiable in context, it said, and the sexual content in the scene was not explicit. Dissatisfied with TVNZ’s decision, B McIntyre 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. Decision The members of the Authority have viewed the item complained about and have read the correspondence which is listed in the Appendix....

Decisions
Barclay and Radio New Zealand Ltd - 2019-003 (20 May 2019)
2019-003

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one. ’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally....

Decisions
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

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