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Decisions
Worthington and SKY Network Television Ltd - 2014-082
2014-082

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)....

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
Arlidge and SKY Network Television Ltd - 2016-009 (12 May 2016)
2016-009

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’....

Decisions
Van Son and SKY Network Television Ltd - 2006-075
2006-075

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Crowd Goes Wild – included review of Soccer World Cup game between Portugal and the Netherlands – one presenter used phrase “Filthy Dutchman” four or five times – allegedly denigratory and in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – subsumed under Standard 6 – denigration of Dutch was essence of complaint – not upheld Standard 6 and Guideline 6g (denigration) – high threshold for denigration not met – not upheld. This headnote does not form part of the decision. Broadcast [1] The Crowd Goes Wild, broadcast on weekdays by Prime at 7. 00pm, is hosted by two presenters who take a light-hearted approach to recent sporting events....

Decisions
Ransfield and SKY Network Television Ltd - 2010-187
2010-187

Complaint under section 8(1A) of the Broadcasting Act 1989Heartland – programme included image of the complainant – allegedly in breach of privacyFindingsStandard P9 (privacy) – complainant was identifiable but no private facts were disclosed – disclosure of the footage of him would not be highly offensive to an objective reasonable person – not upheld This headnote does not form part of the decision. Broadcast[1] A episode of Heartland called “Grey Lynn: Summer in the City” was broadcast on TVNZ Heartland at 10. 10pm on 27 November 2010, and repeated at 8am on 28 November 2010. Near the beginning of the programme, a shot of the complainant leaning out a window in his house was briefly shown. Referral to the Authority[2] Te Awhitu Ransfield lodged a direct privacy complaint with the Authority under section 8(1A) of the Broadcasting Act 1989....

Decisions
Kirkland and Sky Television Network Ltd - 2023-095 (31 January 2024)
2023-095

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)....

Decisions
Stowe and SKY Network Television Ltd - 2012-025
2012-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Prime News – pre-recorded BBC item reported on controversial comments by television presenter Jeremy Clarkson that striking workers should be shot – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 5 (accuracy) – focus of the item was the comment made by Mr Clarkson which caused controversy – therefore not misleading to omit footage of other comments – not upheld Standard 4 (controversial issues) – item was a brief snapshot of the response to Mr Clarkson’s comments – did not amount to a discussion of a controversial issue that was of public importance in New Zealand – not upheld Standard 6 (fairness) – higher threshold for finding unfairness to public figure – Mr Clarkson was not treated unfairly – not upheld Standard 8 (responsible programming) – viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments – not…...

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
Gibson and SKY Network Television Ltd - 2005-047
2005-047

Complaint under section 8(1)(a) of the Broadcasting Act 1989Parliamentary Question Time – showed Deputy Prime Minister at times when he was not answering or asking questions – allegedly unbalancedFindingsStandard S6 (balance) – programme did not approach the proceedings from any particular perspective – balance not required – not upheldThis headnote does not form part of the decision. Broadcast[1] Coverage of Parliamentary Question Time was broadcast on Sky News at 2pm on 7 April 2005. Complaint[2] Michael Gibson complained that the broadcast was unbalanced because it focused on the Deputy Prime Minister, Dr Michael Cullen, at times when he was not asking or answering questions. The coverage had shown Dr Cullen “grinning and derisively showing a dismissive attitude towards the Opposition”, he said. [3] Mr Gibson argued that the broadcaster had broken the same rules which had caused TV3 to be banned from filming in Parliament recently....

Decisions
Hurrell and SKY Network Television Ltd - 2016-094 (8 March 2017)
2016-094

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....

Decisions
Women Against Pornography (WAP) and SKY Network Television Ltd - 1996-051
1996-051

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-051 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN AGAINST PORNOGRAPHY of Auckland Broadcaster SKY NETWORK TELEVISION LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Wood and SKY Network Television Ltd - 2011-135
2011-135

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....

Decisions
Godinet and SKY Network Television Ltd - 2015-021
2015-021

Summary[This summary does not form part of the decision. ]The E! channel featured an 'Entertainment Special' entitled The Real 50 Shades of Grey about couples who engage in BDSM (Bondage/ Discipline/ Dominance/ Submission/ Sadism/ Masochism). The Authority did not uphold a complaint that the programme encouraged sexual violence and normalised BDSM practice. The content was discussed only in fairly innocuous terms and no explicitly sexual or violent material was shown. However, the Authority upheld the complaint that the programme should have included warning labels for sexual and other potentially offensive content, as the subject matter had the potential to offend viewers. Upheld: Content Classification, Warning and FilteringNot Upheld: Good Taste and Decency, ViolenceNo OrderIntroduction[1] The E! channel featured an 'Entertainment Special' on The Real 50 Shades of Grey. Couples who engaged in BDSM (Bondage/ Discipline/ Dominance/ Submission/ Sadism/ Masochism) and experts on the subject were interviewed....

Decisions
Holubicki and Sky Network Television Ltd - 2016-020 (27 June 2016)
2016-020

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. ....

Decisions
Waddington and SKY Network Television Ltd - 2014-140
2014-140

Summary [This summary does not form part of the decision]An episode of The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome as a lead suspect in a murder. The Authority did not uphold the complaint that the broadcast denigrated people with Asperger Syndrome. The programme legitimately employed dramatic licence to develop this fictional character, and the character was not intended as a comment on, or a reflection of, all people with Asperger Syndrome. Not Upheld: Discrimination and Denigration, Accuracy, FairnessIntroduction[1] An episode of a local murder mystery series, The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome (Amanda) as a lead suspect in a murder. Amanda was portrayed as intense and socially awkward, which other characters attributed to her possible Asperger Syndrome. Amanda was later proven not to be the murderer....

Decisions
Francis and SKY Network Television Ltd - 2019-088 (9 March 2020)
2019-088

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....

Decisions
Brown and SKY Network Television Ltd - 2019-098 (18 February 2020)
2019-098

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...

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
Morris and SKY Network Television Ltd - 2018-050 (24 August 2018)
2018-050

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....

Decisions
Dove and Sky Network Television Ltd - 2017-016 (15 May 2017)
2017-016

Summary[This summary does not form part of the decision. ]The music videos for ‘Starboy’ by The Weeknd and ‘Sexual’ by Neiked were screened between 9pm and 10pm on MTV’s Top 20 Hits. The introduction to the music video for ‘Starboy’ featured singer The Weeknd being suffocated to death with a plastic bag. The music video for ‘Sexual’ featured a variety of animated sexual imagery, including animals having sex and a girl lifting her shirt to expose her breasts. The Authority did not uphold a complaint that these videos were offensive and disturbing. It recognised that the content was challenging and understood the complainant’s concerns regarding the graphic content of such music videos and their impact on young audiences. However, the videos were classified 16C and broadcast between 9pm and 10pm on a Sunday evening, and the programme featured an audience advisory for content....

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