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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 123/94 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: 42/95 Dated the 29th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Summary Mad Max 2 – The Road Warrior, starting at 9. 15pm, was broadcast on TV2 on 10 April 1999. Referring to a scene which showed a motorcycle gang member raping a woman and then shooting her, B McIntyre complained to Television New Zealand Ltd that the broadcast breached broadcasting standards. Explaining that the fantasy-adventure film was classified AO, and that it began 45 minutes after the watershed, TVNZ declined to uphold the complaint. The violence was justifiable in context, it said, and the sexual content in the scene was not explicit. Dissatisfied with TVNZ’s decision, B McIntyre referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint. Decision The members of the Authority have viewed the item complained about and have read the correspondence which is listed in the Appendix....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-019 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAY MAINWARING of Rangiora Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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 1989One News – report on the England rugby team’s tour of New Zealand – correspondent made disparaging remarks about the efforts of the English team – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – standard not primarily aimed at the type of material complained about – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 22 June 2008, presented a round-up of the English rugby team’s tour of New Zealand. The item began with a One News rugby correspondent detailing which members of the New Zealand rugby team had been injured during the tour and the problems the team was facing....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fear Factor – episode showed contestant eating live dragonflies – complainant alleged such behaviour was barbaric – allegedly in breach of standards of good taste and decencyFindings Standard 1 (good taste and decency) – well-established programme screened after the AO watershed – item distasteful but did not breach standards of good taste and decency – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factorwas screened on TV2 at 8. 30pm on 18 December 2004. The broadcaster described Fear Factoras a reality programme in which contestants are challenged to take part in activities which they find frightening, repellent, or disgusting. The programme had a Christmas theme and the segment that was the subject of the complaint involved a contestant eating live dragonflies....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item on New Zealand fruit exports to Australia – interviewee said “Who is the World Trade Organisation? They are all Pakeha” – allegedly denigratory of PakehaFindingsStandard 6 (fairness) and Guideline 6g (denigration) – comment more expression of frustration at lack of Māori input to finding a solution – not intended to be denigratory of Pakeha – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Te Karere on 24 June at 6am. Te Karere contained an item about the continuing opposition from Australia to New Zealand apple imports. The item included an interview with Mr Maanu Paul, a kiwifruit grower from Whakatane....

ComplaintUnsolved – examined murder and rape of Alicia O’Reilly in 1980 – disclosed address where crimes occurred – breach of privacy of present owners FindingsPrivacy – no highly offensive private facts disclosed – no intrusion – no uphold This headnote does not form part of the decision. Summary [1] The series Unsolved examined serious crimes which have not been solved. The murder and rape of six-year-old Alicia O’Reilly was the unsolved crime dealt with in the episode broadcast at 8. 00pm on TV One on 13 May 2002. The programme included the name of the street and the number of the house where the crimes occurred, and included visuals of the house. [2] Explaining that she and her husband were the current owners of the house, Carol Irwin complained to the Broadcasting Standards Authority under s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-054:Harang and Television New Zealand Ltd - 1993-054 PDF314. 43 KB...

Summary[This summary does not form part of the decision. ]A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing and brief sexual innuendo. The Authority did not uphold a complaint that it was inappropriate to screen such an ‘overtly sexual’ promo during a children’s movie. The promo included low-level sexual innuendo which was unlikely to be understood by younger viewers, and unlikely to disturb or offend most viewers in the context of the PGR host programme. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing. One of the women said, referring to the two of them and the other woman’s boyfriend, ‘I think the three of us could have fun’....

Summary[This summary does not form part of the decision. ]A ONE News item reported on a local murder trial and included footage of a witness giving evidence in court. The witness was named but his face was not shown and his voice was disguised. The Authority did not uphold a complaint from a member of the public that the item breached the witness’s privacy. While he was identifiable in the item, no private information was disclosed about him. The footage of the witness was taken during open court and there was no name suppression order in place. The evidence the witness gave at trial had already been widely reported by other media outlets at the time of broadcast. Therefore, the witness had no reasonable expectation of privacy over the information disclosed about him, and his privacy was not breached....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Cellularpromo – promo for AO-classified movie broadcast during PGR-rated animated movie – allegedly in breach of responsible programming and children's interests standards FindingsStandard 8 (responsible programming) – promo did not contain any AO material - promo correctly rated PGR and screened in appropriate host programme – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests in screening the promo during Ratatouille – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the movie Cellular was screened on TV2 on Saturday 14 August 2010, near the end of Ratatouille, an animated movie which was rated PGR and screened at 7. 30pm. Cellular was classified Adults Only and was broadcast at 9. 45pm after Ratatouille....

Download a PDF of Decision No. 1991-009:Hine and Television New Zealand Ltd - 1991-009 PDF453. 48 KB...

The Authority has not upheld a complaint about language used in a Seven Sharp interview with Neil Finn. At two separate points in the interview, presenter Jeremy Wells and Finn referred to another band member as ‘a GC’ and a ‘good [beep]’; and later Finn quoted a review of his own album, which said, ‘red card, you [beep]’. The Authority found the broadcast was unlikely to cause widespread disproportionate offence or distress, and unlikely to adversely affect child viewers, taking into account: Seven Sharp is an unclassified news and current affairs programme targeted at adults (during which adult supervision is expected); the content was consistent with audience expectations of Seven Sharp and Jeremy Wells; Wells and Finn had the right to express themselves in language of their choosing (within the boundaries of the standards); and all uses of the c-word were appropriately censored....

The Authority has not upheld a complaint under the balance, accuracy, and fairness standards about a Q + A interview with David Seymour on the Principles of the Treaty of Waitangi Bill (Bill). The complainant alleged TVNZ’s reporting on the Bill, in this broadcast and in general, was biased; interviewer Jack Tame inaccurately claimed the Treaty of Waitangi/Te Tiriti o Waitangi is a partnership and erroneously cited the ‘Fleming version’ of the Treaty; and it was unfair to ‘only present one side of an argument’. The Authority found the balance standard does not apply to concerns of bias, and the audience was likely to be aware of significant perspectives on the Bill from this broadcast and other media coverage. It also found it was not misleading to suggest the Treaty/Te Tiriti is a partnership or cite the official English text of the Treaty. The fairness standard did not apply....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 2/94 Dated the 19th day of January 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NATIONWIDE GUARANTEE CORPORATION LIMITED of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The Authority has not upheld two complaints relating to a news item on Nicola Willis MP being appointed the National Party’s Finance Spokesperson. The complaints alleged the broadcast breached the accuracy and balance standards as it omitted the Speaker’s intervention of Willis’s questions to the Finance Minister during Question Time, allegedly leading viewers to believe the questions were delivered seamlessly and without fault. The Authority found the accuracy standard was not breached as the broadcast was materially accurate, and the balance standard did not apply, as the questions did not reflect a controversial issue of public importance. Not Upheld: Accuracy, Balance...