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Decisions
Curran and NZME Radio Ltd - 2021-165 (11 April 2022)
2021-165

At the beginning of the Weekend Sport programme on Newstalk ZB, host Miles Davis referred to the ‘gridlock’ protest regarding COVID-19 restrictions. Davis said he had a message for the protestors, critiquing their form of protest and expressing what he would do if the protest blocked Davis on the road, including they would gain ‘a tyre iron’ through their windows followed up with some ‘football hooliganism’. The complainant stated this portion of the programme breached the good taste and decency, violence, and law and order standards as it incited violence. The majority of the Authority declined to uphold the complaint, finding the comments, on balance, constituted satire and humour and did not reach a threshold justifying regulatory intervention. The minority found the comments were likely to incite violence and breached all standards raised. Not Upheld by Majority: Good Taste and Decency, Law and Order, Violence...

Decisions
Sarah and Television New Zealand Ltd - 2018-079 (27 November 2018)
2018-079

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

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
Grant and Phillips and Television New Zealand Ltd - 2019-013 (19 August 2019)
2019-013

Warning: This decision contains content that some readers may find distressing. On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied....

Decisions
Byrne and Television New Zealand Ltd - 2018-071 (14 November 2018)
2018-071

Summary[This summary does not form part of the decision. ]A complaint about a promo for Children Who Kill, broadcast at 5:30pm on a weekday during an episode of The Chase, has not been upheld by the Authority. The promo featured footage of a young boy and girl, with a voiceover explaining that the young boy murdered the girl and asking ‘should children who commit murder die behind bars? ’ The Authority did not uphold this complaint under the children’s interests or violence standards. The Authority found the promo did not go beyond the expectations of The Chase or TVNZ 1’s mature target audience. The Authority further noted that while murder and death are adult themes, the promo itself did not contain any unduly disturbing or graphic images or detail that required the restriction of the broadcaster’s right to freedom of expression....

Decisions
Wood and Radio New Zealand Ltd - 2019-036 (17 September 2019)
2019-036

The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration...

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
Pratt and Television New Zealand Ltd - 2004-120
2004-120

Complaint under section 8(1)(a) of the Broadcasting Act 1989 One News Update – included images of abused Iraqi prisoners – pictures shown during general programming – allegedly unsuitable for children – failure to consider children’s viewing interests Findings Standard 9 (children’s interests) – interests of children considered – not upheld Standard 10 (violence) – violent disturbing material not shown – not upheld This headnote does not form part of the decision. Broadcast [1] One News Update is broadcast on TV One highlighting news stories of the day which usually then screen on the evening news programmes. On 8 May 2004 at approximately 4. 55pm a One News Update broadcast images of tortured Iraqi prisoners. Complaint [2] Karen Pratt complained about the images shown of the Iraqi prisoners....

Decisions
Reekie and Mediaworks TV Ltd - 2019-033 (23 August 2019)
2019-033

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...

Decisions
Smith and Sammut-Smith and Television New Zealand Ltd - 1997-105
1997-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-105 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MELANIE SMITH and TERESA SAMMUT-SMITH of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

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....

Decisions
Wightman, Turley and Buchanan and Television New Zealand Ltd - 1999-145, 1999-146, 1999-147
1999-145–147

SummaryAn episode of The Lakes broadcast on TV One on 26 May 1999 beginning at 9. 05pm contained a scene depicting a violent gang rape. Ms Wightman of Wellington, Mr Turley of Nelson and Ms Buchanan of Christchurch each complained to Television New Zealand Ltd, the broadcaster, about the episode. Ms Wightman contended that it was unacceptable to show sexual violence on public television, particularly when no warning was given prior to the programme that it would contain rape scenes. Mr Turley’s complaint focused not just on the rape scene, which he deemed unacceptable, but also on what he called the gratuitously offensive language used, and the programme’s focus on depraved and offensive sexual activity. Ms Buchanan objected to the fact that in the course of a single programme the content included murder, a gang rape and the prospect of fornication between a parishioner and a priest....

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
Moffatt-Vallance and TV3 Network Services Ltd - 1993-120
1993-120

Download a PDF of Decision No. 1993-120:Moffatt-Vallance and TV3 Network Services Ltd - 1993-120 PDF383. 9 KB...

Decisions
Parlane and Radio New Zealand Ltd - 2019-075 (4 February 2020)
2019-075

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...

Decisions
Eden and Television New Zealand Ltd - 1998-034
1998-034

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-034 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARK EDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Coates and Television New Zealand Ltd - 2009-116
2009-116

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

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
Millar and Discovery NZ Ltd - 2021-064 (24 August 2021)
2021-064

The Authority has not upheld a complaint about a comment referring to a sex act during an episode of New Zealand Today, which the host and interviewee both laughed at. The programme was classified 16-LSC, preceded by a full-screen warning and screened at 9pm. Given audience expectations for the programme, the classification, the warning and the scheduling, the Authority found the comment would not cause widespread undue offence and audiences were able to make their own viewing choices. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Discrimination and Denigration...

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