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Summary [This summary does not form part of the decision. ]A documentary called Jungle Rain reported on the use of Agent Orange in the Vietnam War, and the long-term effects of this on New Zealand veterans and their families. The Authority did not uphold the complaint that the documentary was alarmist and misleading. The documentary largely comprised the personal opinions and experiences of the interviewees, and contained balancing comment. Not Upheld: Accuracy, BalanceIntroduction[1] A documentary called Jungle Rain reported on the use of herbicides including Agent Orange in the Vietnam War, and the long-term effects of this on New Zealand veterans and their families. The documentary was broadcast on TVNZ Heartland on 13 March 2014....

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. . ....

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…...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision Nos: 116/95 - 125/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RAPE PREVENTION GROUP (4) 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 J M Potter Chairperson L M Loates R McLeod...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Prime News – report on prediction that goods and services tax and personal tax rates may need to be raised – contained comment from tax expert – allegedly inaccurate Findings Standard 5 (accuracy) – statements were general and clearly distinguishable as opinion – not subject to the accuracy standard – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Prime News, broadcast on Prime TV at 5. 30pm on Monday 20 October 2008, reported on a prediction that goods and services tax (GST) and personal tax rates may need to be raised due to the global economic crisis and expensive election promises. [2] The presenter introduced the item by saying: National and Labour have dismissed suggestions that personal income tax and GST have to rise....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-179 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by H M ROMANIUK of Auckland Broadcaster SKY NETWORK TELEVISION LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

ComplaintSky Television Rugby Channel – All Black vs. Springboks match – replay of opening try – commentator said “Well, so slick, so smooth, almost a Brazilian…Ronaldo-ish” – offensiveFindingsStandard S2 – throwaway line – not offensive to majority of viewers – no uphold This headnote does not form part of the decision. Summary[1] A rugby match between New Zealand and South Africa was broadcast live on Sky Television Rugby Channel at approximately 7. 30pm on 9 August 2003. The commentator, Murray Mexted, said, during the replay of the All Blacks opening try: “Well so slick, so smooth almost a Brazilian … Ronaldo-ish”. [2] Kristin Hoskin complained to Sky Network Television Ltd, the broadcaster, that the comment was offensive. [3] When the broadcaster failed to respond to her formal complaint, Ms Hoskin referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

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"....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Prime News – news item repeated footage of a high tackle 12 times – allegedly in breach of violence standard Findings Standard 10 (violence) – item did not contain gratuitous violence – footage was repeated to allow viewers to decide for themselves if the player had intended to make the high tackle – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Prime News at 5. 50 pm on 16 August 2007, reported that a rugby league player had been found guilty of a reckless tackle by the Australian National Rugby League judiciary and had been suspended for seven games. During the course of the item, footage of the high tackle was shown 12 times....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Shot at Love II with Tila Tequila – reality dating show where a bisexual woman dated 15 men and 15 women – allegedly in breach of children’s standard and classification and warning standardFindings Standard P1 (Content classification, warning and filtering) – programme borderline 16 but appropriately classified M – did not require S warning label – not upheldStandard P3 (Children) – not targeted at children or screened adjacent to content aimed at children – not upheldThis headnote does not form part of the decision. Broadcast[1] A Shot at Love II with Tila Tequila was the second series of a reality television dating game show starring bisexual American internet celebrity Tila Tequila....

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....

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....

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....

Summary[This summary does not form part of the decision. ]An episode of the murder mystery series Midsomer Murders depicted several murders, including a man being shot with a bow and arrow and a woman being shot with a gun. The Authority did not uphold the complaint that the murder scenes showed realistic violence likely to disturb children. The murder scenes were relatively innocuous in context and did not exceed the programme's PGR classification. Not Upheld: Responsible Programming, Children's InterestsIntroduction[1] An episode of the murder mystery series Midsomer Murders focused on conflicts between the beneficiaries of a will which resulted in several murders, including a man who was shot with a bow and arrow and a woman who was shot with a gun. [2] Beverley Larsen complained that the broadcast depicted 'several graphic murder scenes. . ....