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Complaint under section 8(1C) of the Broadcasting Act 1989The Crowd Goes Wild – presenter made remark about a man with red hair who was attempting to set a new world record for juggling a soccer ball with his feet – allegedly in breach of the discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – people with red hair not a “section of the community” protected under Standard 7 – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Crowd Goes Wild, a comedic sports news programme, was broadcast on Prime TV at 7pm on Wednesday 27 January 2010. Towards the end of the programme, the presenters reported on an English man and world record holder who was attempting to set a new world record for juggling a soccer ball with his feet while walking 31 miles....

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...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 62/94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster SKY NETWORK TELEVISION SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision Nos: 54/95 - 60/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RAPE PREVENTION GROUP of Christchurch H SUTHERLAND of Christchurch F MAWSON of Christchurch JOHANNES PATER of Christchurch STEPHANIE JOHNSON of Christchurch MURRAY JOHNSON of Christchurch S FINDLAY of Christchurch SKY NETWORK TELEVISION LIMITED Broadcaster I W Gallaway L M Loates W J Fraser R McLeod...

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...

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...

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....

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. . ....

Summary[This summary does not form part of the decision. ]Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff. This programme featured Popoff and his wife preaching and allegedly healing audience members, as well as testimonies from various attendees about miracles and financial rewards received from God after they bought Popoff’s ‘Miracle Spring Water’. The Authority did not uphold a complaint that the programme was ‘fraudulent’, as it took advantage of viewers who may be misled by the programme into losing money. The Authority acknowledged the complainant’s genuine and well intentioned concerns. However, it found that the accuracy standard did not apply to religious programming, such as Peter Popoff’s Ministries, and programme selection and scheduling decisions fell to the responsible broadcaster to determine. Not Upheld: Accuracy Introduction[1] Peter Popoff Ministries is a religious programme hosted by controversial televangelist, Peter Popoff....

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. ]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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Prime Presents: The Grand Tour: Jeremy Wells and the NZSO – comments by presenter included references to sexual activity, nudity, and bodily functions – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – presenter was respectful overall towards the programme and the NZSO and helped to make it accessible to a wider audience – interviewees appeared comfortable with his style and entertained by him – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] A documentary titled The Grand Tour: Jeremy Wells and the NZSO, was broadcast on Prime at 8. 35pm on Sunday 31 July 2011. It followed the New Zealand Symphony Orchestra (NZSO) on a tour to China and around Europe....

Complaint under section 8(1C) of the Broadcasting Act 1989SKY Sport 1 – Rugby test match between New Zealand and South Africa – a South African player was shown head-butting a New Zealand player – footage repeated three times – allegedly in breach of violence standardFindingsStandard P4 (Violence) – footage not repeated gratuitously – not upheldThis headnote does not form part of the decision. Broadcast[1] A rugby test match between New Zealand and South Africa was broadcast on SKY Sport 1 at 7. 30pm on Saturday 10 July 2010. [2] In the opening minutes of the match, one of the South African players head-butted a New Zealand player in the back of the head after tackling him from behind. The referees did not see the infringement and the game continued. Shortly after, play was stopped due to a penalty and footage of the head butt was repeated three times....

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...

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....

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…...

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...