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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 116/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland 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: 18/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CLIFF TURNER of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about timber treatment T1. 2 or TimberSaver – claimed that product leaves timber vulnerable to borer or rot – allegedly inaccurate and unfairFindingsStandard 5 (accuracy) – two statements in breach of Standard 5 – upheld Standard 6 (fairness) – unfair to Osmose as manufacturer of TimberSaver – upheldOrdersBroadcast of a statement Payment of legal costs of $1,500 Payment of costs to the Crown $1,000This headnote does not form part of the decision. Broadcast [1] An item broadcast on TV One on One News at 6pm on 12 July 2005 stated that TimberSaver (also known as T1. 2), a timber product being used on homes in the wake of the “leaky homes” scandal, was vulnerable to borer or rot....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Coke Countdown – music video – “Toxic” by Britney Spears – allegedly bad taste and unsuitable for childrenFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld Standard 9 (children’s interests) and Guidelines 9a and 9d – PGR viewing time – not upheld This headnote does not form part of the decision. Broadcast [1] The music video “Toxic” by Britney Spears was broadcast on Coke Countdown on TV2 at 9. 00am on 22 February 2004. Complaint [2] Rick and Suzanne Stancombe complained to Television New Zealand Ltd, the broadcaster, that the music video was in “poor taste” and that “children should not be subjected to this sort of indecency”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a family (the Alexanders) who, in order to purchase a home, became involved in a family trust with the assistance of Miles McKelvy and Arden Fatu – $316,000 borrowed from Westpac to buy four properties – repayments in arrears – total debt grew to $331,000 – property deals and financing arrangements fell through – Alexanders approached Fair Go – Alexanders later sought to withdraw complaint – Fair Go declined – Dermot Nottingham named in item as advocate for Mr McKelvy and Mr Fatu – item urged people involved in complicated property deals to get independent legal advice – item allegedly unbalanced, unfair and inaccurateFindingsStandard 4 (balance) and Guidelines 4a and 4b – not unbalanced – not upheld Standard 5 (accuracy) and Guidelines 5a, 5b, 5c, 5d and 5e – insufficient information to determine inaccuracies complained of –…...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Tomorrow La Scala! – Lexus Sunday Theatre – operetta company in maximum security prison using prisoners to rehearse and perform the musical “Sweeney Todd” – included scenes of male rape and consensual heterosexual intercourse, and use of word “fuck” – alleged excessive violence, alleged offensive behaviour and language, and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – not screened in children’s normal viewing time – not upheld Standard 10 (violence) and Guideline 10d – violence was graphic but acceptable given theme of play and care shown with detailed warning – not upheld Comment Authority to consult further on arguments for more explicit warnings This headnote does not form part of the decision. Broadcast [1] Tomorrow La Scala! was broadcast on TV One’s “Lexus Sunday Theatre” beginning at 8....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-065 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D A ARMSTRONG of Timaru Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-126 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary Naked women were shown in promos for the programme The Making of the Human Body broadcast on TV One on 8 November, 9 November and 10 November 1998 between 6. 00–8. 00pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the display of naked women in G or PGR time breached the standard requiring the observance of good taste and decency. In her view, it was not appropriate to show images of naked women when children were watching television. She also argued that it was discriminatory to show only naked women and no naked men. TVNZ noted that the promo included an extract from the opening sequence of each programme which showed men and women of every age, many of whom were naked....

Summary Twenty four references to liquor were included in Super Liquor Sportsnight which was broadcast on TVOne between 10. 30–11. 30pm on 5 July 1999. On behalf of the Group Against Liquor Advertising (GALA), the Complaints Secretary (Cliff Turner) complained to Television New Zealand Ltd, the broadcaster, that the broadcast contravened the guideline which set a limit of references to liquor in an hour long programme to 20. Accordingly, he wrote, the broadcast breached the standard which required that the saturation of liquor promotions be avoided. Acknowledging that 24 liquor promotions had been broadcast, at least in some regions, TVNZ upheld the complaint. Nevertheless as some of the references were brief and would not have given the impression that liquor promotions were preponderant, TVNZ declined to take any further action....

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 July 2002 at 9. 35pm on TV One included a scene of two males having sex. [2] N N Rodley complained to Television New Zealand Ltd, the broadcaster, that the scene was too graphic, and that he had "never seen two males copulating on TV. " [3] In 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 response, Mr Rodley referred the complaint to the Broadcasting Standards Authority under s....

ComplaintMessiah 2: Vengeance is Mine – promo – programme to be broadcast at 8. 30pm – promo screened during Holmes before 7. 30pm – graphic – inappropriate time slot FindingsStandard 7 – classification appropriate – no uphold Standard 10 – appropriate discretion exercised regarding violence – no uphold This headnote does not form part of the decision. Summary [1] A promo for Messiah 2: Vengeance is Mine was broadcast on TV One at 7. 20pm on Friday 11 July 2003 during Holmes. The programme Messiah 2, rated AO, was to be screened at 8. 30pm on Sunday 13 July. [2] Annette Ward complained to Television New Zealand Ltd, the broadcaster, that the graphic and disturbing promo had been broadcast at an inappropriate time. [3] In response, TVNZ said that the promo contained no explicit violence and did not include the scenes which had justified the film’s AO rating....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday – item reported on an American survey that found women are attracted to men with anti-social traits – included footage from the movie Ghost Rider that showed a figure standing in a leather jacket with a burning skull for a head while the song “Bad to the Bone” played in the background – allegedly in breach of good taste and decency and violence Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – subsumed under Standard 1 This headnote does not form part of the decision. Broadcast [1] An item on One News: Midday, broadcast on TV One at 12pm on Thursday 19 June 2008, reported on the findings of an American university survey that women found men with anti-social personality traits more attractive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – street march through Auckland – topless protester shown – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – context – no warning required – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 March 2005 showed a street march through Auckland that day in support of “family values”. A topless woman was among those shown protesting against the views expressed by the marchers. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had breached standards of good taste and decency and children’s interests....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – light-hearted commentary on a TV3 presenter’s telephone call to Wellington High Court about Justice Ron Young who was hearing TV3’s appeal against some decisions of the Broadcasting Standards Authority – Holmes presenter (Paul Holmes) said that TV3’s presenter (John Campbell) had been getting it “up the chutney” at the appeal hearing – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldObservation When complaint referred to the Authority under s. 8(1)(b) in which there is doubt whether broadcaster has had the opportunity to investigate the complaint, the Authority will clarify processes with the broadcaster before formal action initiatedThis headnote does not form part of the decision....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on art piece commissioned for Venice Biennale at cost of $500,000 in public money – interview with Peter Biggs of Creative New Zealand – allegedly unfair to Mr Biggs and misleading/inaccurate FindingsStandard 4 – not unbalanced – Mr Biggs was able to present his view – not upheld Standard 5 – item did not suggest that braying toilet was the work to be exhibited – not misleading or inaccurate – not upheld Standard 6 – Mr Biggs not treated unfairly – as a seasoned media commentator he was able to get his point across – not upheld Standard 8 – not relevant – declined to determine This headnote does not form part of the decision....

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....