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Decisions
Martin and SKY Network Television Ltd - 2002-081
2002-081

ComplaintCommando – film – screened at 1. 15pm – violent – unsuitable for children – inappropriately classifiedFindingsStandard S20 – unacceptable violence – upholdStandard S22 – some violence involving a child – upholdStandard S23 – violence and language unsuitable at that time – upholdStandard S26 – extreme methods not capable of easy imitation – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] The film Commando was screened at 1. 15pm on 15 December 2001 on the Sky Movie Channel. Rated "M", the film is of the action genre and starred Arnold Schwarzenneger. [2] Lewis Martin complained to Sky Network Television Ltd, the broadcaster, that in view of the quantity and explicitness of the violence, it was unsuitable for children and should have been classified as "18"....

Decisions
Clarke and Television New Zealand Ltd - 2000-192
2000-192

ComplaintCoca Cola Chart Show – sex club routines – offensive behaviour – unsuitable for children – upheld by broadcaster – uncut version subsequently re-broadcastFindingsAction taken insufficient – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary A music video entitled "Madonna Music" was broadcast on the Coca Cola Chart Show on TV2 on 29 August 2000 at about 11. 30am. It included a night club sequence where women were shown performing night club routines. Deanna Clarke complained to Television New Zealand Ltd, the broadcaster, that the sexually overt content of the video fell short of accepted norms of decency and good taste. Further, as it was screened on a Sunday morning during children’s accepted viewing times, the broadcaster did not demonstrate that it was mindful of the video’s effect on children. TVNZ upheld Ms Clarke’s complaint under both standards....

Decisions
Sundborn and TVWorks Ltd - 2010-044
2010-044

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Decisions
Gowardman and TV4 Network Ltd - 1999-082
1999-082

Summary A segment in the programme Eurotrash focussed on a "pornography king" and some of his activities. Another segment focussed on a large man whose naked body was treated as a work of art and displayed in some European art galleries. The programme was broadcast on TV4 on 18 February 1999, commencing at 8. 30pm. Ms Gowardman complained to TV4 Network Ltd, the broadcaster, that in viewing the segment she was confronted with full frontal and oral sex. The two items depicted shocking and indecent behaviour, and presented young people with incorrect perspectives on adult sexual relationships, she wrote. TV4 responded that the programme was rated AO, and was preceded by a verbal and written warning. The broadcaster denied that the item contained full frontal and oral sex....

Decisions
Fabian and CanWest TVWorks Ltd - 2007-001
2007-001

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

Decisions
Airlie and TVWorks Ltd - 2008-051
2008-051

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – scenes including a human skull hitting a car windscreen, a human skeleton on a table and two characters kissing – dialogue about cannibalism – included on-screen graphics, one of which read “TV’s hottest crime scene” – allegedly in breach of good taste and decency, law and order and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – complaint related to programming content in general – decline to determine Standard 9 (children’s interests) – promo incorrectly rated G – images were fleeting and inexplicit – broadcast was during an unclassified news programme – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision....

Decisions
Calcinai and Adams and Television New Zealand Ltd - 2005-051
2005-051

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Decisions
Young and Television New Zealand Ltd - 2010-046
2010-046

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Big Bang Theory – scene showed a male and female character drinking alcohol and then in bed together – allegedly in breach of law and order, responsible programming, children’s interests, violence and liquor FindingsStandard 9 (children’s interests) – liquor consumption was borderline in a PGR programme but scene involved fictional adult characters in a comedic context – acceptable for children with parental guidance – not upheld Standard 11 (liquor) – programme did not advocate liquor consumption – no liquor promotion – showing liquor was incidental to the programme – not upheld Standard 2 (law and order) – programme did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme did not contain subliminal perception – not upheld Standard 10 (violence) – programme did not contain any violence – not upheld This headnote does not form part of the decision.…...

Decisions
Browne and Television New Zealand Ltd - 2007-120
2007-120

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Go Show – “George” lit a match and threw it in a rubbish bin – subsequent episodes showed the safe thing to do – allegedly in breach of children’s interests standard Findings Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the children’s programme The Go Show, broadcast on TV2 at 3pm on Wednesday 19 September 2007, featured a segment about George, an animated character who “sometimes. . . forgets how to keep safe”. The presenter introduced the segment as follows: Kia ora, how are you? I was just about to see what George is up to, would you like to join me?...

Decisions
Hooker and Television New Zealand Ltd - 2002-063, 2002-064
2002-063–64

Complaints Friends – two episodes – references to "peeing" in one and depiction of strippers in the other – offensive behaviour – actors involved aged twenty something – inappropriately classified G – broadcasters not mindful of effect on child viewers FindingsStandard G2 – context – no uphold Standard G8 – affirms positive values – appropriately classified – no uphold Standard G12 – not alarming – no uphold This headnote does not form part of the decision. Summary [1] Friends is a long-established sitcom involving the adventures and love lives of six young people living in New York City. A jellyfish sting sequence was dealt with in the episode broadcast on TV2 at 6. 30pm on 29 November 2001 and one of the characters, Joey, recalled that "peeing" on a sting had been recommended as a remedy on the Discovery Channel....

Decisions
Oosterbroek and Television New Zealand Ltd - 2008-102
2008-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Decisions
Cavill and TVWorks Ltd - 2009-109
2009-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the effects the recession was having on the adult entertainment industry – contained footage from “Boobs on Bikes” parade – included footage of a male stripper, a topless woman covered in body paint and three women dancing provocatively with one another – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – majority – footage of male stripper and women dancing provocatively was marginal – contextual factors – not upheld Standard 9 (children’s interests) – majority – item’s introduction gave adequate warning to parents and caregivers to exercise discretion – upholding the complaint would be an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
McNaughton and Prime Television New Zealand Ltd - 2005-109
2005-109

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Thing Called Love – promo – AO rated programme – promo screened at 7. 10pm – PGR time band – host programme rated G – allegedly offensive, contrary to children’s interests and incorrectly classifiedFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – PGR-rated promo broadcast during G-rated host programme in breach regardless of time band – upheld Standard 9 (children’s interests) – majority – PGR rating acknowledged children’s interests – minority – promo should have been rated AO – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified programme, A Thing Called Love, was screened on Prime Television around 7. 10pm on 19 August 2005, during the PGR time band....

Decisions
Stancombe and Television New Zealand Ltd - 2004-060
2004-060

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”....

Decisions
Watercare Services Ltd and Television New Zealand Ltd - 2011-043
2011-043

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on water leak in West Auckland – stated that Watercare had failed to respond to complaints about water leak – interviewed representative from Watercare – showed person drinking water which had come from storm-water drain – allegedly in breach of standards relating to accuracy, fairness and children’s interests FindingsStandard 5 (accuracy) – item created impression that complaints made to Watercare and that Watercare failed to respond to complaints – Watercare and council separate organisations – item inaccurate and misleading – however, in light of factual background, broadcaster made reasonable efforts to ensure item accurate and did not mislead – not upheld Standard 6 (fairness) – Watercare invited to appear on Close Up with regard to complaint made 6 November – Watercare given sufficient opportunity to check records given nature of allegations made against it – not upheld…...

Decisions
Lilley and TVWorks Ltd - 2011-078
2011-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – scene implied killing of cat with a razor – character was continuously splattered with blood as he sliced the cat off-screen and cat squealed – character stated, “. . ....

Decisions
Hooker and TV3 Network Services Ltd - 2002-120
2002-120

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Decisions
Towgood and Television New Zealand Ltd - 2012-061
2012-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Two and a Half Men – promo broadcast at 2. 10pm contained sexual innuendo and the word “penis” – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – promo screened during chat show targeted at adults and in AO timeslot – contextual factors – not upheld Standard 8 (responsible programming) – host programme, while rated G, was not targeted at children and broadcast in AO time-band – sexual content was sufficiently inexplicit and promo light-hearted and humorous – not upheld Standard 9 (children’s interests) – host programme targeted at adults and broadcast during AO timeslot – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Stanton and Television New Zealand Ltd - 1998-097
1998-097

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton 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....

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