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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-089 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAN GALLAGHER of Invercargill Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 The Mummy Returns – ­ PGR – promo ­ broadcast during Going Straight between 7. 30pm and 8. 30pm ­ – broadcast the following day at 6. 43pm during 3 News ­ – promo allegedly broadcast too early ­ – promo allegedly incorrectly classified Findings Standard 7 (appropriate classification) ­ – promo appropriately classified PGR ­ – not upheld Standard 7 (compliance with classification band) and Guideline 7b (i) Going Straight is PGR time ­ – not upheld (ii) 3 News (although itself unclassified) is in G time-band ­ PGR – promo did not comply with classification band ­ – upheld Standard 9 (children¹s interests) and Guideline 9a ­ broadcaster considered children¹s interests in rating promo PGR – ­ not upheld No Order This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-075 Decision No: 1997-076 Decision No: 1997-077 Decision No: 1997-078 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by GEOFFREY PRENTICE of Auckland and GERARD ROBERTS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

An appeal against this decision was dismissed in the High Court: CIV 2003-485-1655 & 1816 PDF18....

Download a PDF of Decision No. 1992-090:Toomer and TV3 Network Services Ltd - 1992-090 PDF243. 66 KB...

Download a PDF of Decision No. 1993-048:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1993-048 PDF370. 67 KB...

Complaint3 News Special – included an interview with Prime Minister – canvassed allegations in "Seeds of Distrust" by Nicky Hager published that day – claimed that Government was aware of accidental distribution of GM contaminated seeds – unfair and unbalanced – ambush – TV3 argued that referral of complaint to the Authority raised new issues – not permissible under Act – scope of referral Findings on acceptable scope of referralIn response to complaint, broadcaster invited complainants to detail accuracy complaint – details contained in referral – to the extent that referral responded to broadcaster’s invitation, issues not new This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Detailed claims from the book "Seeds of Destruction", written by Nicky Hager and published that day, were put to the Prime Minister by interviewer John Campbell during part of a 3 News Special broadcast at 7....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-115 Decision No: 1996-116 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE CONWAY of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

SummaryPolice were hunting an armed robber who had shot a security guard in a shopping centre, according to news reports on 3 News and Nightline broadcast on TV3 on 26 July 1999. Footage accompanying the item showed police Armed Offenders Squad members approaching a house in Auckland. S, C and E complained to the Broadcasting Standards Authority that their privacy was breached because the footage showed their home. They reported that their home was recognisable to friends and family and that they and their children were upset and distraught at the implication they could be linked to the robbery. TV3 responded that the footage of the property search was carefully edited to ensure that the street and house were not identifiable to the general public, and the occupants were not identified....

ComplaintCourage Under Fire – film – blasphemy – offensive language – "Jesus fucking Christ"FindingsStandard G2 – context – AO classification and time of broadcast – warning – no uphold This headnote does not form part of the decision. Summary The film Courage Under Fire was broadcast on TV3 on 21 May 2000 beginning at 8. 30pm. During a combat scene in the film, one of the characters was heard to say "Jesus fucking Christ". Brian Burlace complained to TV3 Network Services Ltd, the broadcaster, that the language used was blasphemous and offensive. TV3 explained that the programme was rated AO and had been preceded by a warning about its language. It also observed that the film had been edited to remove much of its coarse language....

ComplaintTV3 current affairs programme – breach of standards – breach of privacy FindingsPrivacy – decline to determine Standards – decline to determineThis headnote does not form part of the decision. Decision C complained to TV3 Network Services Ltd, the broadcaster, that a current affairs programme broadcast on TV3 breached broadcasting standards. C also laid a privacy complaint about the programme with the Broadcasting Standards Authority. The members of the Authority have viewed a tape of the broadcast complained about and have read the correspondence listed in the Appendix. The Authority arrives at its decision on these complaints without a formal hearing. The Authority has carefully considered the matters raised in the material provided to it by the parties....

Download a PDF of Decision No. 1993-030:Female Images and Representation in Sport Taskforce and TV3 Network Services Ltd - 1993-030 PDF652. 8 KB...

ComplaintKeeping Secrets – documentary – strip club - nudity – warning insufficient – offensive behaviour – not mindful of children Findings(1) Standard G2 – warning – 9. 30pm – AO – nudity not focus – no full frontal nudity – no uphold (2) Standard G12 – 9. 30pm not "normally accepted" children’s viewing time – no uphold This headnote does not form part of the decision. Summary The documentary Keeping Secrets was broadcast on TV3 on 12 January 2000 at 9. 30pm. The documentary was about the opening of a second "Secrets" table dancing club in London. Kristian Harang complained to TV3 Network Services Ltd, the broadcaster, that the broadcast showed "strip club" scenes and nudity. He contended that the content transgressed broadcasting standards relating to good taste and decency and the protection of children....

Download a PDF of Decision No. 1992-082:Woolerton and TV3 Network Services Ltd - 1992-082 PDF245. 5 KB...

Download a PDF of Interlocutory Decision No. ID1992-003:Centrepoint Community Growth Trust and TV3 Network Services Ltd - ID1992-003 PDF558. 63 KB...

ComplaintQueer as Folk – promo – offensive language – shagged FindingsStandard G2 – acceptable in context – no uphold Cross ReferencesDecision No: 1999-163, Decision No: 2000-056 and Decision No: 2000-075 This headnote does not form part of the decision. Summary A promo for the programme Queer as Folk was broadcast on TV4 at approximately 10pm on 23 February 2000. During the promo, the word "shag" was used twice. Paul Schwabe complained to TV3 Network Services Ltd, the broadcaster, that the word "shag" was "plainly offensive" and "akin to the ‘F’ word". In its response, TV3 said it did not consider that the average viewer would consider the word "shag" to be a swear word or an offensive term. It also noted that the promo was broadcast at 10pm within an AO programme. It declined to uphold the complaint....

Complaint referred back to the Authority by the High Court for reconsiderationAuthority’s decision to uphold Standard 4 aspect of Mr Owen’s complaint (2003-055/061) referred back to the Authority by the High Court on appeal by TV3 – High Court ruled that the Authority gave TV3 insufficient opportunity to make submissions on the way in which the Authority formulated Mr Owen’s complaint Findings on Reconsideration TV3’s new material on government accountability considered under Standard 4 – earlier finding confirmed and complaint again upheld This headnote does not form part of the decision. Broadcast [1] Allegations that the Government had been aware of the distribution of genetically modified (GM) corn, made in a book “Seeds of Distrust” published on 10 July 2002, were the subject of a 3 News Special programme broadcast on TV3 between 7. 00pm and 7. 30pm on that day....