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Decisions
McElroy and SKY Network Television Ltd - 2012-132
2012-132

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shameless – programme contained sex scenes, swearing and violence – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld complaint under content classification, warning and filtering standard FindingsAction Taken: Standard P1 (content classification, warning and filtering) – action taken by the broadcaster was sufficient – not upheld Standard P2 (good taste and decency) – incorrect classification and inadequate warning label meant that viewers were not sufficiently informed of the programme’s likely content – viewers were therefore denied the opportunity to make a different viewing choice and were more likely to be offended – upheld Standard P3 (children’s interests) – broadcaster sufficiently protected child viewers from unsuitable content by classifying the programme 16 – not upheld No OrderThis headnote does not form part of the decision....

Decisions
Riwai-Couch and Television New Zealand Ltd - 2006-092
2006-092

Complaint under section 8(1)(a) of the Broadcasting Act 1989Big Love – fictional series about polygamist family in America – scene showed one of the wives nearly walking in on her husband and another wife having sex in her bedroom – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcast not during children’s normally accepted viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] Big Love was a fictional series about a polygamist businessman living with three wives in modern day Utah, America. The first two episodes of the series were broadcast consecutively on Saturday 29 July 2006 commencing at 8. 30pm on TV2....

Decisions
Francis and CanWest TVWorks Ltd - 2005-039
2005-039

Complaint under section 8(1)(a) of the Broadcasting Act 1989Rove – promo – screened during Joan of Arcadia at about 8. 15pm – focused on pronunciation of “whaka” as ”far car” – allegedly offensive and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – suitable in PGR time slot – host programme rated PGR – not upheld. This headnote does not form part of the decision. Broadcast [1] A promo for Rove was broadcast on TV3 at about 8. 15pm on 20 March 2005 during the screening of Joan of Arcadia. In the promo, the host Rove McManus commented on the phonetics of the word “whaka”. He referred to a Maori phrasebook which explained that the correct pronunciation of “whaka” was “far car”....

Decisions
Fox and Television New Zealand Ltd - 2003-021
2003-021

Complaint An Audience with the King – offensive language – broadcaster failed to consider children’s viewing interests FindingsStandard 1 – majority – contextual matters – no uphold Standard 9 – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] An Audience with the King recorded the performance of stand-up comedian Mike King before a live audience. The programme was broadcast on TV2 at 9. 30pm on Friday 11 October 2002. [2] Graham Fox complained to Television New Zealand Ltd, the broadcaster, that the programme was offensive, and that it was irresponsible to have broadcast such material at a time when children were likely to be watching television. [3] In response, TVNZ said that the programme in context did not breach current norms of good taste and decency, and that it had considered the viewing interests of children....

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

Decisions
Children's Media Watch and TV3 Network Services Ltd and TV4 Network Ltd - 2002-110–114
2002-110–114

ComplaintPromos – Cyberzone – Angel – Star Hunter – Freakylinks – The Strip – nudity – undressing – scary faces – stripping – unsuitable for children – promos for AO programmes screened in G and PGR time bands FindingsStandard 1 – context including programme in which promo broadcast – no uphold in each case Standard 9 – adult themes and adult language in promo for The Strip broadcast in G time slot – uphold; other promos complied with PGR rating No Order This headnote does not form part of the decision. Summary [1] A promo for Cyberzone was broadcast during 7th Heaven screened on TV4 between 7. 30–8. 30pm on 10 April 2002. Promos for Angel, Star Hunter and Freakylinks were broadcast during 7th Heaven screened at the same time on 17 April. A promo for The Strip was broadcast during 3 News screened on TV3 between 6. 00–7....

Decisions
Watkins and Television New Zealand Ltd - 2000-016
2000-016

Summary "Role Model", a music video for a song by Eminem was screened on Video Hits – New Releases, a music video programme. The programme was broadcast on TV2 at 11. 00am on 30 October 1999. Ms Watkins complained to Television New Zealand Limited, the broadcaster, that the Video Hits – New Releases programme during which the "Role Model" video screened was incorrectly classified PGR, as it contained language and imagery which was potentially harmful to younger viewers. In its response to the complaint, TVNZ wrote that it believed it had properly classified the programme PGR. In its view, it would be "absurd" to restrict such music video shows to AO audiences because the age group attracted to this sort of music started "a number of years earlier than 18". TVNZ declined to uphold the complaint....

Decisions
Wardlaw and Television New Zealand Ltd - 1992-014
1992-014

Download a PDF of Decision No. 1992-014:Wardlaw and Television New Zealand Ltd - 1992-014 PDF369. 17 KB...

Decisions
Malatios and Television New Zealand Ltd - 1998-071
1998-071

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-071 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAWRIE MALATIOS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Jeune and Television New Zealand Ltd - 1998-160
1998-160

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Decisions
Nicholls and Television New Zealand Ltd - 1999-064
1999-064

Summary The film Heat was broadcast on TV2 at 8. 30pm on 3 January 1999. Mr Nicholls complained to Television New Zealand Limited, the broadcaster, about the standard of language used in the film. He objected to the excessive use of "fuck", "fucking", and associated words, he wrote, because it led to their normalisation. He argued that the offending words could have been beeped out. The film was shown in holiday time, he said, and swear words should not be accepted on prime family time television. TVNZ responded that the film started at 8. 30pm which was adult programming time, it was clearly rated AO, indicating that it was unsuitable for children, and it was preceded by a specific warning about its violence and language. It said the warning was delivered visually and verbally....

Decisions
Copeland and TV3 Network Services Ltd - 1994-067
1994-067

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 67 /94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON COPELAND of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Dunham and Television New Zealand Ltd - 1996-081
1996-081

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-081 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCES DUNHAM of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Lowry and Television New Zealand Ltd - 2012-118
2012-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Coronation Street – broadcast during Breakfast – contained brief image of a woman slapping a man’s face – allegedly in breach of good taste and decency, and children’s interests standards FindingsStandard 1 (good taste and decency) – shot of woman slapping a man’s face was very brief – Breakfast was unclassified and targeted at adults – promo unobjectionable in this context – not upheld Standard 9 (children’s interests) – Breakfast was aimed at adults and any children viewing were unlikely to be doing so unsupervised – promo would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Henderson and Television New Zealand Ltd - 2002-022
2002-022

ComplaintBreakfast – replay of item from children’s programme What Now? – parody of political parties – "The Farty Party" – excessive use of fart jokes – breach of good taste and decency – not mindful of effect of broadcast on children FindingsStandard G2 – contextual matters – no uphold Standard G12 – Breakfast not children's normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] During the Breakfast programme broadcast on TV One on 11 November 2001, an item was replayed from the children’s show What Now? Using a parody of Breakfast presenter Mike Hosking, two of the What Now? presenters acted out the role of political party leaders in a sketch designed to give young children an idea of what was involved in electioneering....

Decisions
Greenwood and SKY Network Television Ltd - 2010-154
2010-154

Complaint under section 8(1C) of the Broadcasting Act 1989Penis Envy promo – promo for AO-classified documentary broadcast during PGR-rated television series Stephen Fry in America – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – promo would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for a documentary, Penis Envy, was broadcast on Prime TV at 8. 10pm on Monday 27 September 2010, during the television programme Stephen Fry in America which was rated PGR. Penis Envy was classified Adults Only and was broadcast on Wednesday 29 September at 9. 30pm....

Decisions
Cross and Television New Zealand Ltd - 2008-059
2008-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

Decisions
Owen and Television New Zealand Ltd - 2006-055
2006-055

Complaint under section 8(1)(a) of the Broadcasting Act 1989Frontseat – contained brief scene from A Clockwork Orange where a man is beaten – programme was classified G and broadcast on a Saturday morning at 7. 55am – allegedly in breach of programme classification and children’s interests standardsFindingsStandard 7 (programme classification) – scene complained about contained material which was unsuitable for children – broadcaster should have classified as a PGR programme – upheld (majority) Standard 9 (children’s interests) – broadcaster did not exclude material likely to be unsuitable for children – inappropriately classified and broadcast during a G time-band – broadcaster failed to consider the interests of child viewers – upheld (majority)No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Frontseat, a New Zealand-made arts programme, was broadcast at 7. 55am on TV One on Saturday 18 March 2006....

Decisions
Jones and Television New Zealand Ltd - 2009-046
2009-046

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30 – report on a suicide bombing in Sri Lanka – showed footage of moments before and after the explosion – allegedly in breach of children’s interests and violence standards Findings Standard 9 (children's interests) and Standard 10 (violence) – no graphic material – appropriate warning given – complainant mistaken about content of item – broadcaster sufficiently considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4. 30pm on Wednesday 11 March 2009, reported that "dramatic pictures have emerged showing the moments just before a deadly suicide bombing attack on Muslims in Sri Lanka". The presenter warned viewers that "you may find the pictures disturbing"....

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