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Complaint under section 8(1C) of the Broadcasting Act 198960 Minutes – personal story about a same-sex couple and their experience of parenthood through surrogacy – allegedly in breach of controversial issues standardFindingsStandard 4 (controversial issues) – item focused on one same-sex couple and their personal experience of parenthood through the use of an off-shore surrogate – it did not amount to a discussion of a controversial issue of public importance requiring the presentation of alternative viewpoints – not upheld This headnote does not form part of the decision. Introduction [1] An item on 60 Minutes, titled “The Two Dads Story”, reported on a same-sex couple and their personal experience of parenthood through the use of an off-shore surrogate. The item screened as a follow-up to a story that aired on Channel 9’s 60 Minutes in Australia in 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shameless – programme contained sex scenes, swearing and violence – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld complaint under content classification, warning and filtering standard FindingsAction Taken: Standard P1 (content classification, warning and filtering) – action taken by the broadcaster was sufficient – not upheld Standard P2 (good taste and decency) – incorrect classification and inadequate warning label meant that viewers were not sufficiently informed of the programme’s likely content – viewers were therefore denied the opportunity to make a different viewing choice and were more likely to be offended – upheld Standard P3 (children’s interests) – broadcaster sufficiently protected child viewers from unsuitable content by classifying the programme 16 – not upheld No OrderThis headnote does not form part of the decision....

ComplaintEmmanuelle 7 – adult movie – rape scene – offensive Findings Standard S2 – eroticised rape scene – unacceptable in context of adult movie – upheld Standard S29 – rape theme not treated with utmost care – upheldNo OrderThis headnote does not form part of the decision. Summary[1] The adult movie Emmanuelle 7 was screened at 12. 30am on 13 September 2003 on SKY 1. The movie is rated “18”. [2] Rudy Hueting complained to SKY Network Television Ltd, the broadcaster, that a rape scene in the movie was unsuitable for broadcast. [3] Declining to uphold the complaint, SKY maintained that in context the scene did not offend against broadcasting standards relating to good taste and decency or programmes which have rape as a theme. [4] Dissatisfied with SKY's decision, Mr Hueting referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

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...

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...

Complaint"A Tale of Tofu" – National Geographic documentary – unbalanced coverage of controversial topic – inaccurate FindingsSection 4(1)(d) – item dealt with tofu’s cheapness, versatility and availability, not health issues – not controversial topic – no uphold This headnote does not form part of the decision. Summary "A Tale of Tofu" was broadcast by Sky Network Television Ltd on the National Geographic channel on 8 October 2000 at midday. It provided a cultural and historical overview of the role of tofu in Chinese life. Mr R F James complained to Sky Network Television that the broadcast was unbalanced because it presented tofu in a positive light, and failed to acknowledge that there was a significant body of evidence which showed that it was not healthy, and that it posed irreversible dangers to consumers....

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....

Summary[This summary does not form part of the decision. ]An episode of a documentary series Shocking Lives, titled The Grandmother Lovers, explored relationships between younger men and older women. It contained sexual content and nudity. The Authority did not uphold a complaint that the documentary breached the good taste and decency standard. The documentary did not contain overly explicit or graphic material. Sexual activity was largely implied, and the programme featured only limited nudity. The broadcaster took sufficient steps to inform viewers about the content of the programme, which was classified AO, broadcast at 9. 30pm and preceded by a warning for sexual content and nudity. The documentary focused on relationships between consenting adults and in the context of the broadcast this did not undermine general community standards of good taste and decency....

The Authority has not upheld a complaint that it was inaccurate for a news item to include footage which allegedly featured a ‘crisis actor’. The Authority found that whether or not the footage was propaganda as claimed by the complainant, its inclusion would not have materially affected the audience’s understanding of the item overall. Not Upheld: Accuracy...

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....

The Authority1 has not upheld a complaint an item on Prime News, reporting on reactions to comments made by ACT Party Leader David Seymour on the Ministry for Pacific Peoples, as well as an incident where two men went to the Ministry and filmed staff while asking about expenditure, breached the accuracy standard. The complainant considered the broadcast breached the standard as it gave the misleading impression that two men had threatened staff at the Ministry as a result of Seymour’s statements, and it was inaccurate to suggest the men ‘threatened’ staff when ‘they only filmed staff while asking about spending’. The Authority agreed the broadcast’s introduction could have given the impression the two men went to the Ministry as a direct result of Seymour’s comments (when this occurred prior)....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989True Stories Uncut: Tantastic – contained shots of naked man – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was not titillating or salacious – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A documentary titled True Stories Uncut: Tantastic was broadcast on Prime Television at 9. 35pm on Friday 30 January 2009. The programme spoke to a number of people, described as “tanorexics”, who were obsessed with tanning, either naturally or through the use of sun beds or spray tans in salons. [2] At approximately 9. 55pm, the programme featured a middle-aged man who liked to sunbathe naked. He was shown undressing then lying naked in his backyard, mowing the lawns naked, and then walking down a beach naked....

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Summary [This summary does not form part of the decision. ] A Prime News item summarised the findings of a report released by the Auckland City Council on former mayor Len Brown’s spending while in office, and said, ‘Mr Brown received nine free stays at hotels worth more than $6,000 and 64 hotel upgrades worth nearly $33,000’. The Authority did not uphold the complaint that the item was inaccurate to report the ‘freebies’ in terms of free nights, when in fact they were mostly room upgrades. The value of the free rooms as compared to room upgrades was clearly outlined and accurately reflected the report. Viewers were not misled. Not Upheld: Accuracy Introduction [1] An item on Prime News summarised the findings of an Ernst and Young (EY) report released by the Auckland City Council on former mayor Len Brown’s spending while he was in office....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 11/95 Dated the 6th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster SKY NETWORK TELEVISION LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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)....

Complaint under section 8(1C) of the Broadcasting Act 1989Kalgoorlie Cops – included footage of barmaids wearing lingerie and skimpy outfits as well as a topless barmaid using her bare breasts to entertain patrons – allegedly in breach of standards relating to good taste and decencyFindingsStandard P2 (good taste and decency) – content intended to be light-hearted and humorous – channel and programme targeted at adults – episode classified “M” and preceded by a clear warning for nudity and mature themes – filtering technology available on SKY – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast[1] An episode of the reality TV series Kalgoorlie Cops was broadcast on the Crime and Investigation Channel at 2pm on Monday 20 June 2011. The narrator introduced the programme as follows: This is Kalgoorlie, sitting on the edge of Australia’s biggest gold mine....

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’....

The Authority has not upheld a complaint concerning an election programme for the National Party. The complainant considered the programme’s reference to delivering tax relief was misleading as the Party’s policy of ‘tax cuts for the majority of families…[has] been proven to be incorrect by independent economists’. The Authority considered viewers would have understood the statement to be advocacy or opinion rather than fact, encouraging the public to vote for National, and the relevant statement reflected National Party policy; it is not a quantified promise, a guarantee, or a statement of fact. Not Upheld: E1: Election Programmes Subject to Other Standards (Accuracy), E2: Election Programme Advocacy – Distinguishing Factual Information from Opinion or Advocacy...