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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 47/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN RUSH of Gisborne Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-020 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHILDREN'S MEDIA WATCH of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Between the Sheets – promo broadcast during One News at about 6. 30pm – allegedly gratuitously violent Findings Standard 10 and Guideline 10a (gratuitous violence) – in view of brevity of the relatively innocuous incident included in a promo broadcast during the news, broadcaster showed care and discretion – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified Between the Sheets was broadcast during One News on TV One beginning at 6. 00pm on 4 January 2004. The promo briefly showed one man striking another, who fell back after being struck on the jaw or lower face. Complaint [2] Cliff Turner complained to Television New Zealand Ltd, the broadcaster, that the violence was gratuitous and unacceptable at that hour....

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

Download a PDF of Decision No. 1992-017:Buck and Television New Zealand Ltd - 1992-017 PDF361. 78 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 40/95 Dated the 29th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Bogan’s Heroes – extreme satire about prison life – allegedly in breach of standards relating to good taste and decency and violenceFindingsStandard 1 – majority considers contextual factors sufficient to avoid a breach – not upheld Standard 10 – majority considers violence unrealistic and farcical – not upheldThis headnote does not form part of the decision. Broadcast [1] On 20 July 2005 at 11. 25pm, TV2 broadcast Bogan’s Heroes, a satire about criminals and life in prison. Complaint [2] Mr Cozens complained to Television New Zealand Ltd, the broadcaster, that the programme was tasteless and offensive. He noted that the programme was described in the Listener as an AO-rated “extreme prison based comedy”. [3] He considered that the programme was excessively violent, indecent, and extremely offensive....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline – item reported that Jeremy Clarkson had apologised for his comments that striking workers should be shot – allegedly in breach of law and order, discrimination and denigration, and violence standards FindingsStandard 2 (law and order) – item was a straightforward news report about Mr Clarkson’s comments – broadcasting the comments did not encourage viewers to break the law – not upheld Standard 7 (discrimination and denigration) – re-broadcasting Mr Clarkson’s comments did not encourage the denigration of, or discrimination against, a section of the community – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of the decision Introduction [1] An item on Nightline, broadcast on TV3 at 10....

An item on Seven Sharp featured a community hunting event for children under the age of 16. The item included footage of children using firearms, children carrying dead animals, and animal carcasses hanging by their hind legs. Taking into account the relevant contextual factors including the programme’s target audience and audience expectations, the Authority did not uphold a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority noted that the item did not depict animals dying or being killed, and the content was clearly signposted by the presenters. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed a five-week, outdoor ‘life skills’ camp held for high school students on Great Barrier Island. Footage of a sheep being restrained to be killed for food, the sheep’s dead body and blood, and the gutting of the sheep was shown. The Authority did not uphold a complaint that the killing of the sheep was ‘brutal’ and unacceptable for broadcast. While the footage was graphic and would not have appealed to all viewers, it was adequately signposted during the item, which enabled viewers to exercise discretion and decide whether to continue watching. The actual killing of the sheep was not shown, and the footage appeared to show standard, accepted practices of killing animals for food in New Zealand....

Download a PDF of Decision No. 1992-025:Sharp and Television New Zealand Ltd - 1992-025328. 32 KB...

Download a PDF of Decision No. 1993-127:Turner and Television New Zealand Ltd - 1993-127 PDF215. 44 KB...

During a segment of The AM Show, which discussed how different sections of the community had united in the wake of the Christchurch mosque attacks, host Duncan Garner said he’d like ‘the gangs’ to nominate a person to ‘look after’ the alleged attacker. The Authority did not uphold a complaint that Mr Garner’s comment breached broadcasting standards. The Authority found, upon consideration of contextual factors, including the glib nature of the comment, that while it was discordant with the tone of the broadcast and may have caused offence to some, it did not go beyond audience expectations of Mr Garner or The AM Show. The Authority concluded that any restriction of the broadcaster’s right to freedom of expression on this occasion would be unreasonable.   Not Upheld: Good Taste and Decency, Violence, Law and Order...

SummaryAn item on Real TV, broadcast on TV3 on 14 July 1998 commencing at 9. 30 pm, focussed on an accident at Western Springs Speedway in 1997 when parts of a racing car broke away, flew among the spectators and injured a number of people. The item included footage of an injured child being assisted after the accident, and an interview with the child’s mother. Ms Mansson, the mother of the child, complained to TV3 Network Services Limited, the broadcaster, about the use of the footage which had originally been filmed for news coverage. She wrote that the accident had been a frightening and life threatening experience, the memories of which continued to mentally and physically affect her family. The repeated use of the footage had added to the family’s ongoing distress, she contended....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....