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BB and TV3 Network Services Ltd - 2001-121
2001-121

Complaint Babies – documentary about 47-year-old woman having fifth child – first child when aged 18 – adopted at birth – adopted child shown and first name given – consent not given to broadcast the material – breach of privacy of child – complaint upheld – material objected to edited out in case of rebroadcast – action taken insufficient FindingsAction taken insufficient – $500 compensation This headnote does not form part of the decision. Summary The episode of Babies broadcast on 28 June 2001 told the story of "Maggie" who was having a child at the age of 47 years of age. The programme said that Maggie first gave birth when aged 18 and unmarried. It reported that the child was adopted out and included visuals of the child (as a young woman), gave her first name and said that she, too, had had a child....

Decisions
CC and DD and TV3 Network Services Ltd - 1999-055, 1999-056, 1999-057
1999-055–057

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

Decisions
Smits and TV3 Network Services Ltd - 2001-128
2001-128

ComplaintThe Boys Club – film – fuck – offensive FindingsStandard G2 – adult theme – contextual factors – rating – warning – classification – time of screening – no uphold This headnote does not form part of the decision. Summary The Canadian film The Boys Club was broadcast on TV3 on 24 June 2001. It told the story of some teenage boys with a secret hideout who hide a dangerous criminal. Their conversation frequently used the word "fuck" and its derivatives. Phillip Smits complained to TV3 Network Services Ltd, the broadcaster, that the teenage boys as the main characters used offensive language extensively. People of that age, he wrote, should not be allowed to swear. In response, TV3 pointed to programme’s rating (AO), the time of screening (10. 40pm), and the verbal and written warning which preceded the broadcast....

Decisions
Brown and TV3 Network Services Ltd - 1997-122
1997-122

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-122 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G L BROWN of Nelson Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Prime Minister (Rt Hon Helen Clark) and Mike Munro and TV3 Network Services Ltd - ID2003-025, ID2003-026
ID2003-025–€“026

Complaint 3 News Special – interview with Prime Minister broadcast on 10 July – 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 inaccurate – application by broadcaster for hearing FindingsApplication declined This headnote does not form part of the decision. INTERLOCUTORY DECISION The Background [1] Detailed claims from the book "Seeds of Distrust", written by Nicky Hager and published on 10 July, were put to the Prime Minister by interviewer John Campbell during a 3 News Special broadcast at 7. 00pm on the same day. The interview had been recorded the previous day (9 July). The book, which was not mentioned during the interview, alleged that the Government was aware of the accidental distribution of GM contaminated seeds and had allowed the seeds to be grown, harvested and processed....

Decisions
Harrison and TV3 Network Services Ltd - 2003-138, 2003-139, 2003-140
2003-138–140

ComplaintPromos – The Strip – sexual material – allegedly offensive – promos for AO programme screened in G and PGR time-bands – inappropriate FindingsStandard 1 – contextual factors – no uphold Standard 5 – not relevant – no uphold Standard 7 – majority – promos appropriately classified PGR – minority – inappropriate rating – classification code AO should have been used – two promos shown during 3 News – failed to comply with PGR time-band – uphold; majority – promo shown during 20/20 – complied with PGR time-band – no uphold – minority – inappropriate classification – breachNo Order This headnote does not form part of the decision. Summary [1] Promos for The Strip were broadcast by TV3 at various times on 30 June, 1 and 6 July 2003....

Decisions
Group Against Liquor Advertising and TV3 Network Services Ltd - 1998-135
1998-135

SummaryAt a news conference, All Black coach John Hart announced that Michael Jones had not been selected for the All Black team to travel to South Africa for the Tri-Series. That announcement was the lead news item broadcast on Nightline at about 10. 15pm on 5 August 1998. An edited version of the item, which featured the selection of Norm Berryman, was used later in the programme. On behalf of the Group Against Liquor Advertising (GALA), Mr Cliff Turner complained to TV3 Network Services Ltd that as the announcement had been made in front of a large promotion for Steinlager Beer, the broadcasts breached the standards relating to the Promotion of Liquor....

Decisions
Diocese of Dunedin, Kirkpatrick, Somers-Edgar, Rothel and Sim and TV3 Network Services Ltd - 1999-033–040
1999-033–040

An application by TV3 Network Services Ltd for an interim injunction failed in the High Court: CP 81/99 PDF2. 73 MB INTERIM DECISIONA number of complaints were referred to the Broadcasting Standards Authority concerning a 20/20 item entitled "Sex, Lies and Videotape" broadcast on TV3 on 28 June 1998 and a related news item broadcast on 3 News on 29 June 1998. There has been extensive correspondence between the complainants, the broadcaster and the Authority in the intervening months. On 24 March 1999, the Authority received advice from the solicitors acting for TV3 in which they noted that four of the principal complainants had alluded to the possibility of taking defamation proceedings against TV3. TV3 argued that the Authority would be severely prejudiced if the complaints were allowed to proceed under these circumstances....

Decisions
Harang and TV3 Network Services Ltd - 2000-044
2000-044

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....

Decisions
New Zealand Society for the Protection of the Unborn Child Inc and TV3 Network Services Ltd - 2003-051
2003-051

ComplaintInside New Zealand: The Hardest Decision – documentary – abortion –inaccurate statements – unbalanced – undermined New Zealand legislation FindingsStandard 2 and Guideline 2a – lawful standard maintained – no uphold Standard 4 – programme balanced – no upholdStandard 5 and Guidelines 5b, 5d & 5e – mixture of fact & opinion – accurate and impartial – no uphold This headnote does not form part of the decision. Summary [1] Inside New Zealand: The Hardest Decision was a documentary which followed three women while they made a decision about whether or not to have an abortion. Several other women, who had been through the same experience, were also interviewed on the programme. The documentary was broadcast on TV3 at 8. 30pm on 28 November 2002....

Decisions
Children's Media Watch and TV3 Network Services Ltd - 1997-020
1997-020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-020 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHILDREN'S MEDIA WATCH of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Ross and TV3 Network Services Ltd - 1997-136
1997-136

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-136 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN ROSS of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod...

Decisions
Banbury and Curley and TV3 Network Services Ltd - 1999-060, 1999-061
1999-060–061

SummaryMalcolm Sutherland, a New Zealand soldier in Vietnam in 1970, was killed by "friendly fire". The incident was "covered-up" by the platoon commander, Lieutenant Roger Mortlock, and the death was reported officially as being the result of "enemy fire". The cover-up was explained on a 20/20 item broadcast at 7. 30pm on 21 February 1999. The item reported that (now) Brigadier Mortlock had recently resigned under threat of dismissal. Ms Banbury, the late Malcolm Sutherland’s sister, complained directly to the Broadcasting Standards Authority, under s. 8(1)(c) of the Broadcasting Act 1989, that the item breached her privacy as she and another brother had been filmed at an emotional time at a Vietnam Veterans’ Reunion in 1998 when they accepted an honour on her brother’s behalf at a time when they did not know the true situation....

Decisions
Burlace and TV3 Network Services Ltd - 2000-159
2000-159

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....

Decisions
Robb and TV3 Network Services Ltd - 1996-142
1996-142

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-142 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SANDRA ROBB of Winton Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Smits and TV3 Network Services Ltd - 1996-066
1996-066

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-066 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

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....

Decisions
New Zealand Police (Otago District) and TV3 Network Services Ltd - 1997-160
1997-160

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-160 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (Otago District) Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod...

Decisions
Gibson and TV3 Network Services Ltd - 1998-161
1998-161

SummarySome words which were pronounced in the same way but had different meanings were discussed on the children’s programme You and Me, broadcast on TV3 at about 3. 25pm on 30 July 1998. "Chairs" and "cheers" were given as one such pair. Mr Gibson complained to TV3 Network Services Ltd that these words should be pronounced differently, and that the programme’s effort to suggest otherwise breached the standards relating to good taste and balance. In response to the complaint, TV3 did not accept that the good taste standard was in question. As for balance, it said that viewers were advised that the words sounded the same, not that they were pronounced the same, and it declined to uphold that aspect of the complaint. Dissatisfied with TV3’s decision, Mr Gibson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Holding and TV3 Network Services Ltd - 1996-148
1996-148

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-148 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GEOFF HOLDING of Gore Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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