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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-011 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by YVONNE LENNON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-107 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN MALCOLM of Pukerau Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men and Scrubs promo – male character in Scrubs promo stated "I don’t like doing things I'm not good at", to which female character responded, "Yeah, that's why we don't have sex much" – male doctor in Scrubs promo talking to a female nurse said "My post-op is going in and out of consciousness. You know what I'd like to go in and out of?...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on a strip club package for supporters of Lions rugby tour – naked women shown playing pool – demonstration of lap dancing – bedroom with mirrors shown – allegedly offensive, inappropriately classified and unsuitable for children – presenter said “stuff you bitch” at end of programme about another matter – allegedly offensiveFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – not applicable to news and current affairs – not upheld Standard 9 (children’s interests) – sufficient earlier indications of focus of item – not upheldThis headnote does not form part of the decision. Broadcast [1] The package offered by a strip club for Lions rugby supporters was covered in an item on Holmes broadcast on Prime at 7. 00pm on 24 May 2005....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – showed couple in bed – camera with recording light on was positioned at the end of the bed – footage briefly shown of the couple kissing – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – programme’s themes more suited to PGR but visual depiction of them inexplicit and acceptable in G programme – majority – not upheld Standard 1 (good taste and decency) and Standard 9 (children’s interests) – subsumed into consideration of Standard 8 This headnote does not form part of the decision. Broadcast [1] An episode of Home and Away, an Australian soap opera with a G rating, was broadcast on TV3 at 5. 30pm on Friday 31 July 2009....

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

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....

Complaint under section 8(1C) of the Broadcasting Act 1989Underbelly: Razor – sex scene broadcast at 8. 42pm – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sex scene amounted to “strong adult material” broadcast close to the Adults Only watershed – broadcaster did not adequately consider children’s interests – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Underbelly: Razor was broadcast on TV3 at 8. 30pm on 30 November 2011. At 8. 42pm, a sex scene was shown, in which a woman was on top of a man in bed. Her breasts were briefly visible, and she could be heard moaning. [2] The episode was preceded by the following visual and verbal warning: This programme is rated Adults Only and is recommended for a mature audience....

ComplaintAmerican Commandos – documentary about training of Green Beret soldiers – young woman "assassinated" in training exercise – unsuitable for children – unnecessarily graphic – broadcast prior to rugby matchFindingsStandard G2 – in context of soldier training – no uphold Standard G12 – broadcast prior to important rugby match – when viewed out of context, unsuitable for children – majority uphold Standard V8 – no uphold Standard V12 – not violent or distressing as contemplated by the standard – no uphold Standard V16 – not applicable – no uphold Standard V17 – not gratuitous – no uphold This headnote does not form part of the decision. Summary A documentary entitled American Commandos was broadcast on TV3 on 5 August 2000 beginning at 2. 30pm. Soldiers training to be "Green Berets" were shown completing a number of exercises, including urban warfare training and hand-to-hand combat....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Shortland Street – contained a scene in which a character dreamed about a sexual encounter – 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) – programme was classified PGR – no nudity – broadcaster was mindful of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Shortland Street, broadcast at 7pm on 31 May 2007, a scene showed two of the main characters, Maia and Mark, involved in a sexual encounter. The scene contained head-and-shoulder shots of both characters apparently having sex. The scene ended eight seconds later with the character Maia waking up and realising that the sexual encounter with Mark was just a dream....

ComplaintHot Property – amateur male strip to raise money for club house – 5. 30pm – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 – not likely to upset or disturb children – no uphold This headnote does not form part of the decision Summary [1] Hot Property is an Australian series about real estate sales. A sequence in which members of a men’s soccer club performed an amateur striptease to raise money for a clubhouse was included in the episode broadcast on TV One at about 5. 30pm on 31 December 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that it was offensive to screen a male strip sequence at 5. 50pm, in which naked backsides were shown clearly, without a warning....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade – contained footage of bare-breasted women – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – footage was fleeting and taken from a distance – not salacious – preceded by a warning – contextual factors – not upheld Standard 9 (children’s interests) – contained warning to advise parents – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, reported on the “Boobs on Bikes” parade in Auckland....

ComplaintFair Go – “Fair Go Ad Awards” – presenter lampooned margarine advertisement – sexual suggestions allegedly offensive and unsuitable for childrenFindings Standard 1 – sexual innuendo oblique and inexplicit – comedy – not upheld Standard 9 – not unsuitable for children in context – not upheld This headnote does not form part of the Decision Summary [1] The annual “Fair Go Ad Awards” included a segment during which the presenter lampooned an advertisement for margarine, which had been nominated for “worst ad”. The episode of Fair Go was broadcast on TV One at 7. 30pm on 15 October 2003. [2] Geoff New complained to Television New Zealand Ltd, the broadcaster, that the parodies contained sexually suggestive material which breached standards of good taste and decency and was unsuitable for children. [3] In response, TVNZ disagreed that the programme breached broadcasting standards....

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 The Mummy Returns – ­ PGR – promo ­ broadcast during Going Straight between 7. 30pm and 8. 30pm ­ – broadcast the following day at 6. 43pm during 3 News ­ – promo allegedly broadcast too early ­ – promo allegedly incorrectly classified Findings Standard 7 (appropriate classification) ­ – promo appropriately classified PGR ­ – not upheld Standard 7 (compliance with classification band) and Guideline 7b (i) Going Straight is PGR time ­ – not upheld (ii) 3 News (although itself unclassified) is in G time-band ­ PGR – promo did not comply with classification band ­ – upheld Standard 9 (children¹s interests) and Guideline 9a ­ broadcaster considered children¹s interests in rating promo PGR – ­ not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on a 3-year-old child walking a tightrope over a tiger enclosure – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – light-hearted human interest story – child not humiliated – adequate care and sensitivity shown by broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 14 April 2010, reported that a 3-year-old child had walked a tightrope above a tiger enclosure in China as part of a publicity stunt for a circus....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Island Wars promo – broadcast during America’s Funniest Home Videos – contestant said “ready to kick some New Zealand arse” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – tone was playful and light-hearted – G rating appropriate – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Island Wars, in which contestants from New Zealand and Australia competed against each other in a variety of challenges, was broadcast during America’s Funniest Home Videos between 4. 30pm and 5pm on Saturday 1 August 2009....