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Edwards and SKY Network Television Ltd - 2004-092, 2004-093
2004-092–093

Complaint under section 8(1)(a) of the Broadcasting Act 1989The 5th Wheel – two broadcasts – overt sexual content and nudity – allegedly bad taste – allegedly inadequately classified – allegedly unacceptable themes for childrenFindings Standard S2 (good taste and decency) – context – complaint about 6. 30pm broadcast upheldStandard S2 (good taste and decency) – context – complaint about 1. 20pm broadcast not upheldStandard S20 (children) – complaint about 6. 30pm broadcast – unacceptable for broadcast during children’s normally accepted viewing times – upheldStandard S20 (children) – complaint about 1. 20pm broadcast not upheldOrder Section 16(4) – $1,500 costs to the CrownThis headnote does not form part of the decision. Broadcast[1] An episode of The 5th Wheel, an American dating show which featured overt sexual content, was broadcast on Sky1 at 6. 30pm on 9 February 2004 and repeated on 10 February 2004 at 1. 20pm....

Decisions
Gale and Sky Network Television Ltd - 2019-084 (9 June 2020)
2019-084

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...

Decisions
Smits and SKY Network Television Ltd - 2001-134, 2001-135
2001-134–135

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....

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
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
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
Roberts and SKY Network Television Ltd - 2020-155 (13 May 2021)
2020-155

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....

Decisions
Ungemuth and Sky Network Television Ltd - 2018-095 (13 March 2019)
2018-095

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that statements made during Uncharted with Sam Neill were inaccurate. A complaint was made that host Sam Neill and an interviewee during the programme implied that missionaries primarily came to New Zealand for the purpose of acquiring land, which was misleading and misrepresented their good work. The Authority considered that the programme was clearly framed from the outset as a chance for untold or unexplored stories and perspectives to be expressed. In these circumstances, the Authority found that the statements complained about were clearly distinguishable as analysis, comment or opinion and were therefore not subject to the requirements of the accuracy standard. The Authority’s intervention in upholding the complaint would therefore represent an unreasonable and unjustified limit on the right to freedom of expression....

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
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
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
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
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
Martin and SKY Network Television Ltd - 2002-081
2002-081

ComplaintCommando – film – screened at 1. 15pm – violent – unsuitable for children – inappropriately classifiedFindingsStandard S20 – unacceptable violence – upholdStandard S22 – some violence involving a child – upholdStandard S23 – violence and language unsuitable at that time – upholdStandard S26 – extreme methods not capable of easy imitation – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] The film Commando was screened at 1. 15pm on 15 December 2001 on the Sky Movie Channel. Rated "M", the film is of the action genre and starred Arnold Schwarzenneger. [2] Lewis Martin complained to Sky Network Television Ltd, the broadcaster, that in view of the quantity and explicitness of the violence, it was unsuitable for children and should have been classified as "18"....

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
Group Against Liquor Advertising and Prime Television New Zealand Ltd - 2000-049
2000-049

ComplaintPrime Living – magazine programme – incidental alcohol promotion – liquor promotion on backdrops and props – complaint upheld by broadcaster FindingsStandard A3 – presenter wearing clothing carrying name of beer – uphold appropriate – now robust complaints procedure – action sufficient Standard A4 – presenter’s clothing not backdrop or prop – not uphold No Order This headnote does not form part of the decision. Summary Prime Living, a magazine programme, is broadcast each weekday by Prime Television. During the episode broadcast in the Waikato on 15 October 1999 between noon–1. 00pm, the presenter wore a rugby jersey bearing the words "Waikato Draught". The Complaints Secretary (Cliff Turner) for the Group Against Liquor Advertising (GALA) complained to Prime Television New Zealand Ltd that the broadcast breached the standards relating to the incidental promotion of liquor, and to the use of liquor promotions on backdrops and props....

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
Lloyd and SKY Network Television Ltd - 2015-033
2015-033

Summary[This summary does not form part of the decision. ]Voice of Islam broadcast a speech by a prominent Muslim speaker, in which she discussed the teachings of Islam. The Authority did not uphold a complaint that the programme amounted to 'hate speech' and incited violence. The speech clearly comprised the speaker's own interpretation of the teachings of the Qur'an, and did not contain anything which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Children, Law and Order, Fairness, Accuracy Introduction[1] Voice of Islam broadcast a speech by a prominent Muslim speaker, in which she discussed the teachings of Islam. [2] Adam Lloyd complained that that programme amounted to 'hate speech' and 'incite[d] violence towards unbelievers'. [3] The issue is whether the broadcast breached the good taste and decency, children, law and order, fairness and accuracy standards of the Pay Television Code of Broadcasting Practice....

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)....

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