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An item on Prime News inadvertently contained an uncensored image of the word ‘cunt’. The Authority has not upheld a complaint alleging the action taken by the broadcaster in response to this error was insufficient. The broadcaster upheld the complaint under the good taste and decency standard and took steps to address the error with its news producers. The broadcaster also apologised to the complainant. Not Upheld: Good Taste and Decency (Action Taken)...

The Authority found it had no jurisdiction to determine a complaint about the movie Overlord as the complaint to the broadcaster did not amount to an allegation that the programme was in breach of broadcasting standards. The Authority found that the broadcaster did not have to accept this as a valid formal complaint, on the grounds the complaint was about the storyline and genre, rather than an allegation that the programme was in breach of broadcasting standards. Declined jurisdiction...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Australian Tennis Open – some footage included a “Live” watermark even though the matches had already been played – allegedly inaccurateFindings Standard P8 (accuracy) – not a “significant error of fact” – not upheldThis headnote does not form part of the decision. Broadcast[1] From 14 to 27 January 2008, footage of the Australian Tennis Open was broadcast on SKY Sport 2 between 1pm and 12am. Between matches that were broadcast live, historical footage, simultaneous matches, and highlights from matches which had already taken place were screened to fill in the scheduled breaks. Some of these were introduced by commentators as footage that was filling the time between matches, or identified as games that had already been played earlier in the tournament. For example:. . . Later on, we’ve got the second of the men’s singles semi-finals. . ....

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....

Summary[This summary does not form part of the decision. ]A Prime News item reported on the trial of a former Nazi guard at Auschwitz and referred to the camp as a ‘Polish camp’. The complainant alleged this statement was inaccurate because it was not a ‘Polish camp’, but was rather a Nazi camp located in Poland. The Authority recognised that the labelling of concentration camps as part of the Nazi regime remains a sensitive issue and one of historical importance, which broadcasters should be mindful of when choosing the language to be used. Nevertheless, in the context of the item the Authority did not consider that viewers would have been misled. Not Upheld: Accuracy, FairnessIntroduction[1] An item on Prime News reported on the trial of a former Nazi guard as follows: A former Auschwitz guard has gone on trial in Germany for 170,000 counts of accessory to murder. ....

ComplaintSky Digital Juice Channel 21 – music video – "My Favourite Game" by The Cardigans – lead member driving dangerously while singing – encouraging young people to drive dangerouslyFindingsStandard S2 – content not unsuitable for broadcast in context – no upholdStandard S5 – no disrespect shown for principles of law – no upholdThis headnote does not form part of the decision. SummaryThe music video "My Favourite Game" by The Cardigans, was broadcast on the Sky Digital Juice Channel 21 on 9 April 2001 at 10. 50pm. The video depicts the lead singer driving a convertible car along a desert highway. The singer places a rock on the accelerator to keep the pedal down, and is seen at various stages using her feet to turn the steering wheel. Her driving causes other car drivers to crash their cars on the highway....

Summary [This summary does not form part of the decision. ]Ultimate Fighting Championship (UFC), featuring cage fighting, was broadcast on SKY Sport. The Authority did not uphold the complaint that the sport was too violent and inappropriate for broadcast at 5pm. This was a legitimate sport, broadcast on a niche channel dedicated to sport, and was appropriately classified M, indicating it was suitable for mature audiences aged 16 and over. Filtering technology allowed parents to block the content if they wished. Not Upheld: Children, Violence, Law and OrderIntroduction[1] An Ultimate Fighting Championship (UFC) tournament, featuring cage fighting, was broadcast at 5pm on a SKY Sport channel, on Monday 21 April 2014. It was classified M (suitable for mature audiences 16 years and over)....

Summary[This summary does not form part of the decision. ]The Five on Fox News featured a panel discussion about the closing of the prison at Guantánamo Bay. One of the panellists twice commented that a solution for the remaining Guantánamo Bay inmates would be to ‘kill them all’. The Authority did not uphold a complaint alleging the comment incited mass murder. The comment did not amount to promotion of serious illegal activity to a New Zealand audience, and in the context of the discussion and the nature of the programme and channel it was unlikely to be taken literally by reasonable viewers. Not Upheld: Law and OrderIntroduction[1] The Five on Fox News featured a panel discussion about the closing of the prison at Guantánamo Bay. One of the panellists twice commented that a solution for the remaining Guantánamo Bay inmates would be to ‘kill them all’....

Warning: This decision contains language that some readers may find offensive. The Authority has upheld a complaint that the frequent use of ‘fuck’ (and variations) during A Life on the Road breached the good taste and decency standard. The episode featured Brian Johnson of AC/DC talking to Lars Ulrich of Metallica about touring in the early 90s, along with footage from the tours and interviews with Metallica crew and fans. It was broadcast at 12pm with a ‘PGL’ rating (Parental Guidance; language may offend). The Authority found this did not provide sufficient reliable information to signpost the level and frequency of language in the programme and did not give the audience an adequate opportunity to exercise choice and control – meaning they were more likely to be surprised and offended by the content....

The Authority upheld complaints that the broadcast of potentially offensive language in two episodes of Inside the Red Arrows breached the good taste and decency and children’s interests standards. The complainant made separate complaints about each episode. The broadcaster did not respond within the required 20 working day statutory timeframe, although once the complaint was referred to the Authority, it responded to Mr Francis advising that his complaint about the first episode was upheld. It later advised the Authority that the second complaint was also upheld. Upon considering the substance of the complaints, the Authority recognised the value of the documentary series, however, it found that as the episodes were broadcast at 7. 30pm, which is a time that children may be watching, and they were not preceded by any warning for language, the broadcasts breached the good taste and decency and children’s interests standards....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a story on Prime News, reporting on incorrect deductions that were made from a solo mother’s benefit, was inaccurate and resulted in Work and Income New Zealand (WINZ) being treated unfairly. The featured mother was repaid $7,000 from WINZ after discovering that deductions had been made from her benefit in error, as she qualified for an exemption from a policy requiring her to identify the father of her child. The Authority considered that the item was a fair and accurate report on the issue. WINZ was the agency responsible for administering the woman’s benefit and for making the deductions under legislation. It was therefore reasonable for the broadcaster to refer to WINZ and to rely on comment from the Minister for Social Development in response....

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....

ComplaintBulworth – film – two screenings – obscene language – fuck – cock sucker FindingsStandard S2 – context – no upholdThis headnote does not form part of the decision. Summary[1] The film Bulworth, a political satire, was broadcast on Sky Movie Max at 6. 10pm on 13 June 2001 and at 4. 40pm on 18 June 2001. It contained a scene during which a young boy swore at a police officer and called him a "fucking pig cock sucker". [2] Phillip Smits complained to Sky Network Television Limited, the broadcaster, that the language was "obscene". [3] Sky did not uphold the complaints. It considered that the language used, when considered in context, did not breach currently accepted norms of decency and taste in language. [4] Dissatisfied with Sky’s response, Mr Smits referred the complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

In an episode of Rugby Nation, commentator Tony Johnson made a reference to Israel Folau using the phrase ‘the F word’. The Authority has not upheld a complaint that this breached the discrimination and denigration standard. The complainant argued that the broadcast was harmful to Mr and Mrs Folau. However, as two individuals they are not a recognised section of the community as required by the standard. The discrimination and denigration standard therefore did not apply. The Authority declined to imply the good taste and decency or fairness standards into the complaint on the basis that the original complaint did not raise arguments consistent with an alleged breach of those standards. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint alleging comments made by commentators during a golf tournament breached the law and order standard. While discussing the difficulty of the course, a commentator suggested ‘Charles Manson put this [pin position] in! ’ Later in the tournament, the commentator said, ‘whoever set that flag, I can just picture him in his room at night catching flies and pulling the wings off them and watching them suffer’. The Authority found this would not have encouraged, promoted or glamorised illegal or anti-social behaviour in breach of the standard. Not Upheld: Law and Order...

Summary[This summary does not form part of the decision. ]Promos for 60 Minutes, The Brokenwood Mysteries, Poldark and 11. 22. 63 were broadcast on Prime, during an unclassified All Blacks rugby match against Ireland. The Authority did not uphold a complaint alleging that it was inappropriate to broadcast promos for PGR and AO programmes during G-rated host programmes. The Authority noted that the All Blacks match was unclassified, meaning any promos needed to be classified either G or PGR to comply with broadcasting standards. While the promos featured or alluded to adult themes, the depiction of those themes was consistent with the G classification. The promos were unlikely to disturb or offend viewers, including any child viewers who were watching the rugby. Not Upheld: Good Taste and DecencyIntroduction[1] Promos for 60 Minutes, The Brokenwood Mysteries, Poldark and 11. 22....

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989National Party Infrastructure Advertisement – contained images of infrastructure that was allegedly planned, consented, funded and mostly completed under the previous Labour Government – allegedly in breach of accuracy and fairness standards FindingsStandard E1 (election programmes subject to other Codes) – Standards 5 (accuracy) and 6 (fairness) of the Free-to-Air TV Code – advertisement created impression that the National-led Government had a role in the examples of infrastructure shown – however language in the advertisement was couched in present and forward-looking terms rather than looking at past achievements – not inaccurate – fairness standard only applies to individuals or organisations taking part or referred to – not upheld This headnote does not form part of the decision....

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...