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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 122/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GROUP OPPOSED TO ADVERTISING OF LIQUOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-018 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUE WHITE of Lake Hawea Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary The historic peace agreement in Ireland was the subject of news items on One Network News on 10 and 11 April 1998 between 6. 00–6. 30pm. Mr Curran complained to Television New Zealand Ltd, the broadcaster, that its coverage was selective and biased and failed to acknowledge the role at the peace talks of both Prime Minister Bertie Ahern and John Hume, the leader of the Catholic Social Democratic and Labour Party. He argued that other media, including the BBC and local newspapers, gave a fair and accurate coverage of the peace accord. Mr Curran requested that his complaint be dealt with by way of a formal hearing. News reports on One Network News on 20 and 23 May 1998 referred to the forthcoming referendum on the peace agreement....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Coke Countdown – Top 40 music video clips – allegedly sexually explicit and in breach of good taste and decency, fairness and children’s interestsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – denigration requires a high threshold – no denigration of women – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interest of child viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] Coke Countdown was broadcast on TV2 on Sunday 8 May 2005 from 10am to 12 noon. [2] The programme was a Top 40 show, featuring the most popular hit songs of the week. The fourth spot in the line up featured the song “Candy Shop” by hip hop artist 50 Cent, and featured female vocalist Olivia....

ComplaintOne News – item about Olympic flame runner being accosted by spectator – offensive language – ballsed-upFindingsStandard G2 – not offensive in context – no uphold This headnote does not form part of the Decision. Summary A news item broadcast on One News on 11 September 2000 between 6. 00–7. 00pm showed an athlete who was running with the Olympic torch being accosted by a spectator who was attempting to snatch the torch. The runner, when interviewed, said about the man that he had "really ballsed it up". Paul Schwabe complained to Television New Zealand Ltd that the phrase "balls-up" was "gutter language" which was plainly indecent and should not be broadcast. TVNZ responded to the complaint by noting that it raised two questions....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Canterbury Tales – "The Miller’s Tale" – a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe – allegedly in breach of good taste and decency and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – implicit violence justified by context – care and discretion shown – not upheldThis headnote does not form part of the decision. Broadcast [1] A modern day television adaptation of Chaucer’s Canterbury Tales – "The Miller’s Tale" was screened on TV One at 9. 35pm on Sunday 5 March 2006. Near the end of the story, a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Place in Spain – man said “Jesus [bleep] Christ” during an argument – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of A Place in Spain was broadcast on TV One at 5pm on Wednesday 11 June 2008. The series followed Lee and Cheryl, a Welsh couple, on their dream of packing up their life in the United Kingdom and starting a snail farm in Spain. [2] At one point in the episode, Lee and Cheryl were shown in their new car having an argument about the directions being given by their satellite navigation system. During the argument, Lee said “Jesus [bleep] Christ” twice....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Serial Mom – movie – language – included repeated use of “fuck” – allegedly bad tasteFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld This headnote does not form part of the decision. Broadcast [1] Serial Mom, a satirical movie about a murderous suburban mother in America, was broadcast on TV2 from 10. 30pm on 26 January 2004. Early in the movie, the lead character makes an obscene telephone call. During the call the word “fuck” is spoken repeatedly and other offensive language is also used. Complaint [2] Doreen Holding complained to Television New Zealand Ltd, the broadcaster, about the use of the word “fuck”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Summary An episode of The Ricki Lake Show was screened on Labour Day - a public holiday. The episode was broadcast on TV2 on 25 October 1999, commencing at 2. 00pm. The programme was rated AO because it contained adult content. Ms Watkins complained to Television New Zealand Limited, the broadcaster, that TVNZ breached broadcasting standards by broadcasting an AO classified programme before 8. 30pm on a public holiday. TVNZ agreed that the episode should not have been shown during PGR time. It said that the mistake occurred because its scheduler had not checked the schedule adequately, given that the date was a public holiday, and its new computer system had not prompted its scheduler that the show had been scheduled outside its time band. TVNZ upheld the complaint, apologised to the complainant, and advised that steps had been taken to ensure that the incident would not recur....

Complaint60 Minutes – documentary – youth suicide – mental health – psychosis and depression – drug use – misleading to blame suicide on cannabis – statements from Life Education Trust Director misleading Findings(1) Standard G1 – no inaccuracies – no uphold (2) Standard G6 – no bias or imbalance – story told from family perspective – honest opinions broadcast – no uphold This headnote does not form part of the decision. Summary An item on 60 Minutes broadcast by TV One at 7. 30pm on 13 February 2000 concerned the suicide of James Carruthers. The programme was based around the reflections of James’s parents, and the factors they believed had led to his death. Mr Currie complained to Television New Zealand Ltd, the broadcaster, that the programme had misleadingly blamed cannabis use for James’s behaviour and suicide....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Embarrassing Bodies – episode focusing on vaginas broadcast at 8. 30pm – close-up shots of women’s vaginas and surgical operations – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – programme had educational value – clear pre-broadcast warning for nudity and medical scenes – nudity was non-sexual and matter-of-fact – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and preceded by adequate warning – not upheld Standard 9 (children’s interests) – clear warning and signposting of likely content gave parents an opportunity to exercise discretion – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

ComplaintThe Book Group – drama – male sex scene – offensive FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The Book Group is a series about a group of people who regularly meet to discuss books, and is described by the broadcaster as a “quirky and unpredictable drama”. An episode broadcast on 24 September 2003 at 10. 05pm on TV One included a scene of two men having sex. [2] Michael Beedell complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and “inappropriate for public viewing”. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Beedell referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on celebration of 38th anniversary of coronation of Maori Queen at Turangawaewae marae – item explained that significant part of celebrations included remembering deceased friends and family – comments from Professor James Ritchie as to why this aspect of celebrations significant – commented on Maori and Pakeha attitudes towards death – allegation that item unbalanced and inaccurate in that it portrayed generalised view of spiritual attitudes based on racial lines FindingsStandard 4 (Balance) – item did not discuss issue of controversial public importance – not upheld Standard 5 (Accuracy) – comments from Professor Ritchie expression of opinion – not upheld This headnote does not form part of the decision....

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – follow-up item on the use of sow crates in the pig farming industry – interviewed woman planning a whistle-blowing campaign offering rewards to farm workers for exposing cruel farming practices, and CEO of the New Zealand Pork Industry Board – allegedly in breach of law and order and fairness standards FindingsStandard 2 (law and order) – item did not encourage viewers to break the law or promote, glamorise or condone criminal activity – not upheld Standard 6 (fairness) – no evidence that interview with New Zealand Pork Industry Board CEO was unfairly edited – as industry advocate he should expect robust questioning on these issues – not unfair – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7....

ComplaintMarathon Man – film – offensive language – warning ought to have been broadcast – complaint upheld by broadcaster – action taken insufficient FindingsAction taken sufficient This headnote does not form part of the decision. Summary [1] The movie Marathon Man was broadcast on Prime at 8. 30pm on 22 May 2002. [2] Mrs M Charlton complained to Prime Television New Zealand Ltd, the broadcaster, that the movie contained offensive language, and that viewers ought to have been warned about its use. [3] Prime upheld the complaint and apologised to the complainant. It explained that appropriate staff had been reminded of Prime’s collective responsibility "with emphasis placed on not making assumptions on behalf of viewers and that warnings must be specific in nature". [4] Dissatisfied with the action taken in response to her complaint, Mrs Charlton referred her complaint to the Broadcasting Standards Authority under s....

Download a PDF of Decision No. 1993-056:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-056 PDF444. 91 KB...

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