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Decisions
Darcy and SKY Network Television Ltd - 2001-114
2001-114

ComplaintSky Digital programme guide – English Premier League – incorrect promo of forthcoming game – Standard A9 – upheld by broadcaster – action taken insufficient FindingsAction taken – explanation and apology – sufficient – no upholdThis headnote does not form part of the decision. SummaryA live game from the Premier Football League in England is broadcast each Monday at 2. 55am on Sky Sports 2. The programme guide screened on Sky Digital at 6. 00pm on Sunday 22 April advised that the advertised game would not be broadcast the following morning as the game was not being played. Mr Darcy complained to Sky Network Television Ltd, the broadcaster, that the guide was incorrect. The game he had been expecting to watch was in fact played, in New Zealand time, at 2. 55am on Monday 23 April. In response, Sky upheld the complaint....

Decisions
Thomas and SKY Network Television Ltd - 2017-082 (27 October 2017)
2017-082

Summary[This summary does not form part of the decision. ]A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5. 20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code)....

Decisions
Frame and Sky Network Television Ltd - 2021-098 (27 October 2021)
2021-098

The Authority has not upheld a complaint alleging sports commentary of the ICC World Test Championship final breached the discrimination and denigration standard. The comments ‘it's a story that's akin to David versus Goliath…and living proof that sometimes, just sometimes, nice guys do finish first’ did not refer to a particular section of the community as contemplated by the standard. In any event, it was typical of sports commentary and did not have a prejudicial meaning. Not Upheld: Discrimination and Denigration...

Decisions
Greetham and Sky Network Television Ltd - 2019-059 (2 December 2019)
2019-059

The Authority has not upheld a complaint that a comment referring to a rugby player as a ‘Jew’ because he was unwilling to pay for his wedding breached the discrimination and denigration standard. The Authority observed that the comment was an example of casual anti-Semitism and such comments can contribute to the normalisation of racism. However, while the Authority considered the comment to be ignorant and disrespectful, in the context it did not reach the threshold for regulatory intervention. Not upheld: Discrimination and Denigration...

Decisions
Buchanan and Sky Network Television Ltd - 2021-106 (17 November 2021)
2021-106

During the coverage of the 2020 Tokyo Olympics, host Goran Paladin provided pre- and post-match comments for the boxing match between David Nyika and Uladzislau Smiahlikau. The Authority did not uphold a complaint alleging the broadcast breached the good taste and decency standard due to the host mispronouncing and mocking Uladzislau Smiahlikau’s name. The Authority was satisfied the comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

Decisions
Dandy and Sky Network Television Limited - 2023-055 (3 October 2023)
2023-055

The Authority has not upheld a complaint that the broadcast of UFC 286 Prelims Live on Prime between 8am and 10am, and re-broadcast on Prime+1 between 9am and 11am, breached the offensive and disturbing content and children’s interests standards. The complainant considered the broadcast of mixed martial arts (MMA) fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised. The Authority found, taking into account the context, including that UFC 286 Prelims Live was; an unclassified live sports broadcast; preceded by a warning that it would feature live MMA and would contain content that viewers may find distressing; had an adult target audience; and had a buffer of programmes unlikely to be of interest to children, the broadcast did not breach the nominated standards. Not Upheld: Offensive and Disturbing Content, Children’s Interests...

Decisions
Clode and Sky Network Television Ltd - 1997-150
1997-150

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-150 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAEME CLODE of Dunedin Broadcaster SKY NETWORK TELEVISION LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Greenwood and SKY Network Television Ltd - 2010-154
2010-154

Complaint under section 8(1C) of the Broadcasting Act 1989Penis Envy promo – promo for AO-classified documentary broadcast during PGR-rated television series Stephen Fry in America – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – promo would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for a documentary, Penis Envy, was broadcast on Prime TV at 8. 10pm on Monday 27 September 2010, during the television programme Stephen Fry in America which was rated PGR. Penis Envy was classified Adults Only and was broadcast on Wednesday 29 September at 9. 30pm....

Decisions
Darcy and SKY Network Television Ltd - 1995-083
1995-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 83/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L J DARCY of Timaru Broadcaster SKY NETWORK TELEVISION LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
UJ and SKY Network Television Ltd - 2019-030 (19 August 2019)
2019-030

Warning: This decision contains content that some readers may find distressing. During coverage of the 15 March 2019 attacks on two mosques in Christchurch, SKY Network Television channel 085, Sky News New Zealand, included a number of edited clips taken from the alleged attacker’s 17‑minute livestream video. The Authority upheld a complaint that the broadcast was in breach of the violence and law and order standards. While the broadcast as a whole was newsworthy and had a high level of public interest, the clips themselves contained disturbing violent content, which had the potential to cause significant distress to members of the public, and particularly to the family and friends of victims and the wider Muslim community in New Zealand. In the context of the attacks, the content of these clips also risked glorifying the alleged attacker and promoting his messages....

Decisions
Walls and SKY Network Television Ltd - 2010-139
2010-139

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sex and the City – fictional series about professional women living in New York City – scene broadcast at 8. 25pm showed woman walking in on her boyfriend performing oral sex on another woman – allegedly in breach of good taste and decency and children’s interests standardsFindingsStandard P2 (good taste and decency) – contextual factors – not upheldStandard P1 (content classification, warning and filtering) – programme rated “16” and had warning label for content that may offend – parental lock set to M would have blocked viewing without a pin number – not upheldStandard P3 (children) – broadcaster sufficiently protected child viewers from unsuitable content – not upheldThis headnote does not form part of the decision. Broadcast[1] An episode of Sex and the City was broadcast on Comedy Central at 8pm on Saturday 28 August 2010....

Decisions
Harris and Sky Network Television Ltd - 2023-053 (30 August 2023)
2023-053

The Authority has not upheld two complaints about Prime News’ coverage of King Charles’ coronation on 1 and 2 May 2023. The complainant alleged the first broadcast was unbalanced as it only included interviews with people who were opposed to the idea of the public being asked to participate in a pledge of allegiance to the King. They further considered the second broadcast was inaccurate as the reporter did not back up their introductory statement ‘Love him or loathe him, in London right now, you can't escape him’ with evidence that people did loathe King Charles, and described a souvenir of the King ‘as a clown’....

Decisions
McCaw and SKY Network Television Ltd - 2015-011
2015-011

Summary[This summary does not form part of the decision. ]The music video for Nicki Minaj's song 'Only' was broadcast on MTV at 6. 50pm, in a segment classified MC. The Authority upheld the complaint that the numerous expletives and sexual references in the video were distasteful and unsuitable for uncensored broadcast at a time when younger viewers were watching. The video was incorrectly classified MC when it should have been 16LC and the explicit adult content exceeded audience expectations of the MC classification. The incorrect classification also meant that filtering technology would not have been as effective in preventing children from viewing the video as it should have been....

Decisions
HW and Sky Network Television Ltd - 2022-120 (30 May 2023)
2022-120

The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....

Decisions
Evans and Sky Network Television Ltd - 2023-091 (2 October 2023)
2023-091

The Authority has not upheld a complaint about an election advertisement for the Labour Party which included questions on possible funding cuts a National-led government might make. The complaint was that these statements were an inaccurate portrayal of National’s proposed cuts. The Authority found the statements were clearly questions and advocacy promoting the Labour Party, rather than statements of fact, and that viewers were unlikely to be misled. The harm alleged was not sufficient to outweigh the importance of freedom of expression and free political speech in the lead up to the general election, or to justify regulatory intervention. Standard E4: Misleading Programmes did not apply. Not Upheld: E1: Election Programmes Subject to Other Code (Accuracy), E4: Misleading Programmes...

Decisions
Stevenson and SKY Network Television Ltd - 2002-086
2002-086

ComplaintThe Mating Habits of the Earthbound Human – film – unsuitable for children – 7. 00pmFindingsStandard S2 – context – similar to Shortland Street broadcast at same time – no upholdStandards S20 and S23 – film unlikely to attract young children – not normal viewing time for young children alone – no upholdThis headnote does not form part of the decision. Summary[1] The Mating Habits of the Earthbound Human was screened on the Sky Movie Channel at 7. 00pm on 14 January 2002. The film dealt with human sexuality from the perspective of an alien and the mating habits are narrated in the style of a wildlife documentary. [2] J F Stevenson complained to Sky Network Television Ltd, the broadcaster, that given the contents of the film, it was screened at an inappropriate time....

Decisions
Te Rangiita and SKY Network Television Ltd - 2011-113
2011-113

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for A Nightmare on Elm Street – broadcast on SKY Sport channels – contained brief images from the film of Freddy Krueger – allegedly in breach of children’s interests standardFindingsStandard P3 (children) – images were brief and not disturbing in themselves – broadcaster adequately considered children’s interests – not upheldThis headnote does not form part of the decision. Introduction[1] A promo for upcoming movies on SKY was broadcast on 3, 10 and 15 July at various times on SKY Sport channels. One of the movies being promoted was A Nightmare on Elm Street, and two brief images were shown of the serial killer in the film, Freddy Krueger. [2] Nicola Te Rangiita made a formal complaint to SKY Network Television Ltd, the broadcaster, alleging that the promo breached Standard P3 (children)....

Decisions
Lambert and SKY Network Television Ltd - 2010-180
2010-180

Complaint under section 8(1C) of the Broadcasting Act 1989The Soviet Story – documentary about the Soviet regime – contained graphic and violent details, as well as photographs and video footage of torture, mass graves, murder and starvation – allegedly in breach of standards relating to children’s interests and violenceFindingsStandard P4 (violence) – violent content not carefully classified – upheldStandard P3 (children) – broadcaster sufficiently protected child viewers from unsuitable content – not upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] The Soviet Story, a documentary about genocide and mass murder under the Soviet regime, was broadcast at 7. 30pm on The History Channel on Friday 29 October 2010. The documentary canvassed alleged political and philosophical connections between the Nazi and Soviet systems before and during the early stages of World War II....

Decisions
White and SKY Network Television Ltd - 2015-066 (28 January 2016)
2015-066

Summary[This summary does not form part of the decision. ]An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. The Authority did not uphold a complaint that the documentary was unbalanced and misleading because it did not discuss the success of certain nationwide bullying prevention programmes. The documentary did discuss various anti-bullying programmes and was not otherwise misleading. Which anti-bullying initiatives to feature, and in what detail, was a matter of editorial discretion for the broadcaster. Not Upheld: Controversial Issues, AccuracyIntroduction[1] An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. [2] David White complained that the documentary was unbalanced and misleading because it did not discuss the success of nationwide bullying prevention programmes. [3] The issue is whether the broadcast breached the controversial issues and accuracy standards as set out in the Free-to-Air Television Code of Broadcasting Practice....

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