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Decisions
Hueting and Television New Zealand Ltd - 2004-192
2004-192

Complaint under section 8(1)(a) of the Broadcasting Act 1989One Tree Hill – fictional series built around two young men with the same father – episode dealing with drink spiking and an attempted rape – contrary to children’s interests, incorrectly classified and insufficient warning – complaint upheld by broadcaster – action taken allegedly insufficientFindingsAction taken – sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of One Tree Hill screened on TV2 at 3pm on Sunday 5 September 2004. One Tree Hill is a teen drama series built around two young men who share the same father, and it deals with issues which confront teenagers growing up in a modern society. [2] This episode included a sequence in which a young woman narrowly avoided being raped after having her drink spiked at a party....

Decisions
NT and Television New Zealand - 2019-028 (19 August 2019)
2019-028

Warning: This decision contains content that some readers may find distressing. Following the 15 March 2019 attacks on two mosques in Christchurch, 1 News at 6pm twice broadcast an edited clip taken from the alleged attacker’s 17‑minute livestream video. The Authority did not uphold a complaint that the broadcast was in breach of the good taste and decency and violence standards. The content of the clip, and the broadcast as a whole, was newsworthy and had a high level of public interest. The very brief clip was an edited segment of the livestream video which provided information to audiences, but which did not contain explicit graphic or violent content and did not promote or glorify the actions of the attacker. Specific warnings and extensive signposting ensured audiences were sufficiently informed about the disturbing nature of the content....

Decisions
Jenkin and TV3 Network Services Ltd - 1997-169
1997-169

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-169 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 TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

Decisions
Mitchell and Television New Zealand Ltd - 1998-122
1998-122

SummaryA special Assignment programme broadcast on TV One on 31 May 1998 at 6. 30pm focused on the trial of Malcolm Rewa, accused and found guilty of a large number of sexual attacks on women. It replaced the advertised Our World programme. Mrs Mitchell complained to Television New Zealand Ltd, the broadcaster, about the time of the broadcast, which she said breached standards of good taste and decency, and the fact that it replaced a programme watched unsupervised by many children. She noted that no warning had been given about the change to the schedule, but even if it had, she observed, many families would not have been aware of the warning. In its response, TVNZ noted that Rewa’s trial, which had concluded the previous day, had elicited a great deal of public interest....

Decisions
Hindu Council of New Zealand and Triangle Television Ltd - 2007-070
2007-070

Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2006-033
2006-033

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about prisoner abuse at Abu Ghraib prison in Iraq – included pictures of tortured and humiliated prisoners – allegedly excessively violent and unsuitable for childrenFindingsStandard 9 and guidelines 9a, 9e, 9f (children’s interests) – major news item – sombre introduction included warning – children’s interests considered – not upheld Standard 10 and guideline 10g (violence) – care and discretion exercised – warning included – not upheldThis headnote does not form part of the decision. Broadcast [1] Previously unseen pictures of prisoner abuse at Abu Ghraib prison in Iraq were screened in an item on One News broadcast on TV One beginning at 6. 00pm on 16 February 2006. The item reported the way the American guards had allegedly tortured and humiliated the Iraqi prisoners....

Decisions
Sandford and SKY Network Television Ltd - 2010-105
2010-105

Complaint under section 8(1C) of the Broadcasting Act 1989SKY Sport 1 – Rugby test match between New Zealand and South Africa – a South African player was shown head-butting a New Zealand player – footage repeated three times – allegedly in breach of violence standardFindingsStandard P4 (Violence) – footage not repeated gratuitously – not upheldThis headnote does not form part of the decision. Broadcast[1] A rugby test match between New Zealand and South Africa was broadcast on SKY Sport 1 at 7. 30pm on Saturday 10 July 2010. [2] In the opening minutes of the match, one of the South African players head-butted a New Zealand player in the back of the head after tackling him from behind. The referees did not see the infringement and the game continued. Shortly after, play was stopped due to a penalty and footage of the head butt was repeated three times....

Decisions
Zacharias and Television New Zealand Ltd - 2021-104 (27 October 2021)
2021-104

The Authority has not upheld a complaint that an episode of The Simpsons breached the good taste and decency, children’s interests and violence standards. Considering the relevant contextual factors, the Authority found the episode was unlikely to cause widespread undue offence or distress, to undermine widely shared community standards or to cause harm to children. The Authority considered the episode did not contain material beyond what viewers could reasonably expect from the programme. The Authority also found the item did not contain any graphic depictions of violence. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

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...

Decisions
Feral and MediaWorks TV Ltd and Television New Zealand Ltd - 2014-143
2014-143

Summary [This summary does not form part of the decision. ]The Authority declined to uphold complaints that three broadcasts showing fishing and hunting were barbaric and cruel. As the Authority has noted in previous decisions on similar complaints from the complainant, killing and preparing animals to eat is a fact of life and her concerns are based primarily on personal lifestyle preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about three episodes of fishing and hunting programmes. In general, her complaints were that fishing and hunting are barbaric and cruel. More specifically, she objected to the practices of catch-and-release fishing, live baiting and boar hunting. [2] The issue is whether the broadcasts breached any of the standards set out in the Free-to-Air Television Code of Broadcasting Practice....

Decisions
Torrey & Mayell and Television New Zealand Ltd - 2019-102 (7 May 2020)
2019-102

A 1 News item reported on the confessions of a man identified as America’s most prolific serial killer, Samuel Little. The Authority did not uphold complaints that the inclusion of a statement by the man breached the good taste and decency, children’s interests and violence standards. The Authority determined that the content was justified by context and in the public interest. The Authority acknowledged the high value in news and current affairs reporting and noted that the introduction to the item (which included reference to a ‘chilling’ police interview) was adequate to inform viewers of the nature of the coverage enabling them to adequately protect themselves and their children from the content by choosing not to watch....

Decisions
Kiro and Television New Zealand Ltd - 2007-111
2007-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

Decisions
Singh and Television New Zealand Ltd - ID2019-050 (30 September 2019)
ID2019-050

The Authority received a complaint about a promo for a scheduled programme Seven Sharp which was viewed on TVNZ’s Facebook page. The Authority declined to determine the complaint under s11(b) of the Broadcasting Act 1989. The Authority acknowledged that it raised complex issues of jurisdiction arising from the online environment, which had not yet been determined by the Authority. Taking into account its assessment of the substance of the complaint, which it considered was unlikely to result in a finding of a breach of standards, the Authority declined to determine the complaint. Declined to determine: Violence, Law and Order, Discrimination and Denigration...

Decisions
MacPherson and TV3 Network Services Ltd - 1997-155
1997-155

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-155 Dated the 27th day of November 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 R Maling Chairperson L M Loates R M McLeod J Withers...

Decisions
Young and CanWest TVWorks Ltd - 2007-058
2007-058

Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....

Decisions
Wells and Television New Zealand Ltd - 1993-077
1993-077

Download a PDF of Decision No. 1993-077:Wells and Television New Zealand Ltd - 1993-077 PDF301. 25 KB...

Decisions
O’Hagan and MediaWorks Radio Ltd - 2021-136 (25 January 2022)
2021-136

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

Decisions
Crow and MediaWorks TV Ltd - 2020-021 (21 July 2020)
2020-021

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

Decisions
Foster and RDU 98.5FM Limited - 2021-035 (11 August 2021)
2021-035

The Authority has declined to determine a complaint that a hip hop song contained racial slurs (including the n-word). The Authority noted the broadcaster apologised to the complainant for the offence caused and removed the song from its playlist. The Authority considered this action was sufficient and, in all the circumstances, it was not necessary to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Privacy...

Decisions
Rape Prevention Group and Television New Zealand Ltd - 1994-008
1994-008

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 8/94 Dated the 21st day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAPE PREVENTION GROUP of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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