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Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1995-107
1995-107

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 107/95 Dated the 12th day of October 1995 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 J Potter Chairperson L M Loates R McLeod...

Decisions
Gendall and Television New Zealand Ltd - 1998-073
1998-073

Summary A psychic involved in a private search for two missing Blenheim friends in the Marlborough Sounds expounded her theory on how they had died in an item on One Network News broadcast on TV One on 10 April 1998 between 6. 00–7. 00pm. Ms Gendall complained to Television New Zealand Ltd, the broadcaster, that it was offensive and unnecessarily distressing to the families to have the psychic offer her "grisly conclusions" as to how they had died. She also considered that the credibility of the psychic should have been questioned. The comment, she observed, had not been included in the later evening news bulletin. TVNZ responded that it was justified in reporting the psychic’s search, particularly as both of the families had been involved in the search....

Decisions
Walker, Fox and Salt and Television New Zealand Ltd - 1999-004, 1999-005, 1999-006
1999-004–006

SummaryThe Human Body, episode one of an eight part series, was broadcast on TV One at 8. 30pm on Monday 28 September 1998. The next seven parts were broadcast at the same time on consecutive Monday evenings. The series, presented by Professor Robert Winston, showed viewers what happened to the human body from conception to death. Part One comprised an overview of the full series. Mr Walker complained to Television New Zealand Ltd, the broadcaster, that as the series assumed that the human body was the product of evolution, it was unbalanced and misleading. He argued that the programme omitted the belief that all life was the product of creation by God. Mr Fox complained that the series was biased, as it did not acknowledge that evolution was a controversial issue. Many people, including many scientists, he said, accepted a worldview based on the veracity of the Bible....

Decisions
Wightman, Turley and Buchanan and Television New Zealand Ltd - 1999-145, 1999-146, 1999-147
1999-145–147

SummaryAn episode of The Lakes broadcast on TV One on 26 May 1999 beginning at 9. 05pm contained a scene depicting a violent gang rape. Ms Wightman of Wellington, Mr Turley of Nelson and Ms Buchanan of Christchurch each complained to Television New Zealand Ltd, the broadcaster, about the episode. Ms Wightman contended that it was unacceptable to show sexual violence on public television, particularly when no warning was given prior to the programme that it would contain rape scenes. Mr Turley’s complaint focused not just on the rape scene, which he deemed unacceptable, but also on what he called the gratuitously offensive language used, and the programme’s focus on depraved and offensive sexual activity. Ms Buchanan objected to the fact that in the course of a single programme the content included murder, a gang rape and the prospect of fornication between a parishioner and a priest....

Decisions
Lawrence and Television New Zealand Ltd - 2000-104
2000-104

ComplaintThe Sopranos – offensive language – fuck – suck your dick FindingsStandard G2 – AO – warning – language appropriate to characters – no uphold This headnote does not form part of the decision. Summary An episode of The Sopranos was broadcast on TV2 on 18 May beginning at 9. 30pm. The Sopranos is an award-winning series from the United States which focused on a mob family's involvement with organised crime. J Lex Lawrence complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He noted that he had been watching another channel and when he switched to TV2 he heard, in the space of about three minutes, the f word being used "at least 12 times". TVNZ said it could understand how a viewer unfamiliar with the series could easily be offended by the content. However, it noted, the programme had been broadcast at 9....

Decisions
Healey and Television New Zealand Ltd - 2010-014
2010-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about a convicted murderer refusing a heart transplant – included footage of interviews from Sunday and mentioned that the full Sunday item would be broadcast later that evening – allegedly in breach of responsible programming FindingsStandard 8 (responsible programming) – item was a legitimate news story in its own right – guideline 8d does not apply to promos – viewers not deceived or disadvantaged – 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 6 December 2009, reported on a convicted murderer who was refusing a heart transplant. The presenter introduced the item by saying: He’s served his time, 14 years for a murder that shocked the country back in 1990....

Decisions
Garlick and Television New Zealand Ltd - 2009-086
2009-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – presenter introduced item coming up after advertisement break – included footage from episode of Underbelly – showed a balaclava-clad man shooting at man sitting in a car – allegedly in breach of good taste and decency, fairness, programme information, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 10 violence) – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 6 (fairness) – standard not applicable – not upheld Standard 8 (programme information) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Irwin, Nelson and Robertson and Television New Zealand Ltd - 2009-162
2009-162

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Birdland – presenter Jeremy Wells looked at birdlife in New Zealand – visited a weka farm in Southland – was shown caring for pet mice then releasing them to be eaten by weka – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence FindingsStandard 9 (children’s interests) – guideline 9d – animals badly treated – gratuitous and not justified by context – broadcaster did not adequately consider children’s interests – upheld by majority Standard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 10 (violence) – subsumed into consideration of Standard 9 No Order This headnote does not form part of the decision. Broadcast [1] An episode of Birdland, a locally produced wildlife programme hosted by comedian Jeremy Wells, was broadcast on TV One at 7pm on Saturday 14 November 2009....

Decisions
Findlay and Television New Zealand Ltd - 2008-100
2008-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Life on Mars – included a brief scene of a man having his hand held down and hit with a telephone receiver – allegedly in breach of law and order and violence Findings Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 10 (violence) – promo was rated PGR – violence was fleeting – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Life on Mars, a British science fiction and police drama television series, was broadcast during One News at 6pm on TV One on Monday 23 June 2008. [2] The promo included a brief scene of a man being interrogated....

Decisions
McGuckian and Television New Zealand Ltd - 2005-032
2005-032

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Game of Two Halves – hosts said “Christ Almighty” and “Jesus” – allegedly blasphemous and in breach of good taste and decencyFindings Standard 1 (good taste and decency) – alternative definition to words to that alleged by complainant – use of words in such manner not offensive generally – not upheldThis headnote does not form part of the decision. Broadcast [1] A Game of Two Halves screened on TV One at 9. 30 pm on 28 March 2005. The programme is a weekly sports quiz show featuring two teams of various sporting personalities. The teams are headed by well known sporting personalities Marc Ellis and Matthew Ridge. During the programme, the contestants used the words “Christ Almighty” and “Jesus”. Complaint [2] Frank McGuckian complained that the words “Christ Almighty” and “Jesus” were used as “intended expletives”....

Decisions
Morrish and Valenta and Television New Zealand Ltd - 2005-137
2005-137

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item parodied “naked” news programmes – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – sequence unnecessarily lengthy – gratuitously explicit – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Eating Media Lunch is a series that lampoons aspects of the media both in New Zealand and overseas. The use of semi-naked news presenters in some countries was featured in the item broadcast on TV2 starting at 10. 00pm on Tuesday 15 November 2005. [2] The item presented the “Fuck News” which was said to originate in France. The item showed two partly dressed presenters who seemed to be having sexual intercourse while reading the news....

Decisions
Cooling and Television New Zealand Ltd - 2004-076
2004-076

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Fear Factor – reality programme in which contestants take part in repellent or frightening activities – contestants were required to tread in a vat containing live earthworms and were required to drink worm “juice” – allegedly offensive and not in interests of childrenFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 9 (children’s interests) and Guideline 9e – earthworms not animals under Guideline 9e – S1930 rating imposed by broadcaster indicated that children’s interests were acknowledged – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factor was screened at 7. 30pm on TV2 on 2 March 2004. The broadcaster described Fear Factor as a “reality” programme in which the contestants are challenged to take part in repellent and frightening activities....

Decisions
McDonald and Television New Zealand Ltd - 2004-211
2004-211

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes promo broadcast during One News – interview with crime novelist – said “I’m going to tell you about how to commit the perfect murder” – allegedly in breach of law and orderFindingsStandard 2 (law and order) – promo consistent with law and order – no glamorisation of crime – crime novelist promoting her work – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the Holmes show aired on TV One at 6. 20pm on 27 October 2004. The presenter announced that he would be interviewing Tara Moss, a former model and “Australia’s number one crime writer”. The author was then shown to say: Join me tonight…on the Holmes show, and I’m going to tell you about how to commit the perfect murder....

Decisions
Hood and Television New Zealand Ltd - 2003-169
2003-169

Complaint under section 8(1)(a) of the Broadcasting Act 1989Edwards at Large – interview with complainant – interviewee ambushed into taking part – unfair, partial and unbalanced FindingsStandard 4 – interview not unbalanced – no upholdStandard 6 – complainant adequately informed of the reason for her contribution and the role expected of her – conduct of interview not unfair – no uphold This headnote does not form part of the decision Summary [1] Lynley Hood was interviewed by Brian Edwards on Edwards at Large about the content of her book “A City Possessed: the Christchurch Civic Crèche case”. The programme was broadcast on TV One at 9. 35pm on Saturday 16 August 2003. [2] Ms Hood complained to Television New Zealand Ltd, the broadcaster, that the item was neither balanced nor impartial and that she had been ambushed into participating in the interview....

Decisions
Johns and Television New Zealand Ltd - 2002-203, 2002-204
2002-203–204

ComplaintOne News and One Late Edition – news items – Bailey Kurariki – referred to as a "killer" – inaccurate – unfair Findings Standard 5 – manslaughter definition – reference not inaccurate – no uphold Standard 6 – Bailey Kurariki not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] On One News at 6. 00pm and on One Late Edition at 10. 35pm on 16 September 2002, a report about the sentencing of the people convicted for the killing of Michael Choy was broadcast. [2] Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the news reports relating to one of the people sentenced, Bailey Kurariki ("Bailey"), were inaccurate because they referred to Bailey as a "killer" and dealt with him unfairly....

Decisions
Maltby and Television New Zealand Ltd - 2001-069
2001-069

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....

Decisions
Riley and Television New Zealand Ltd - 2010-096
2010-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

Decisions
Schwabe and Television New Zealand Ltd - 2000-067
2000-067

ComplaintOne News – offensive language – horse named Bugger me – unsuitable for children FindingsStandard G2 – newsworthy – not gratuitous – no upholdStandard G12 – no uphold This headnote does not form part of the decision. Summary A news item broadcast on One News on TV One at 6. 00pm on 21 February 2000 described the controversy in the harness racing industry which had arisen over a horse named "Bugger Me". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive and its use on television had a detrimental effect on children and society in general. TVNZ responded that in the context of a news item reporting on a controversial matter, the use of the word bugger did not breach broadcasting standards....

Decisions
Schwabe and Television New Zealand Ltd - 2011-084
2011-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989North – host used the phrase “buggered it” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – tenth occasion that the complainant has complained about the word “bugger” – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During an episode of North, broadcast on TV One at 7pm on Sunday 27 March 2011, the presenter took a boat trip to Kawau Island. Speaking to the boat’s captain about the history of the island, the presenter said, “I’ve never understood Kawau. It’s always seemed to me that [Governor Sir George Grey] buggered it, you know? All sorts of animals and plants. . ....

Decisions
Radley and Angus and Television New Zealand Ltd - 2011-142
2011-142

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaints under section 8(1) of the Broadcasting Act 1989 Labour Party Asset Sales Advertisement – contained comment, “vote National and kiss your assets goodbye” – allegedly inaccurate FindingsStandard E1 (election programmes subject to other Codes) – Standard 5 (accuracy) – advertisement was clearly Labour’s analysis and opinion of National’s policy on asset sales – guideline 5a to Standard exempts analysis and opinion from standards of accuracy – viewers would have understood that the advertisement was encouraging people to vote for Labour – freedom of expression crucial to democracy and political debate – not upheld This headnote does not form part of the decision. Introduction [1] An advertisement for the New Zealand Labour Party was broadcast on TV One on 14 November 2011 at 7am, and on 24 November 2011 at 7....

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