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Decisions
O'Sullivan and Television New Zealand Ltd - 2008-133
2008-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported allegations by several caregivers that they had been instructed to "assist" clients with masturbation and sex toys – allegedly in breach of children's interests Findings Standard 9 (children's interests) – adult nature of item clearly signposted – subject matter handled discreetly and sensitively – unsupervised child viewers unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on Tuesday 21 October 2008, was announced at the beginning of the programme as follows: Tonight, an adult subject, we advise discretion. There are allegations tonight that caregivers of the intellectually disabled are being given explicit training to help clients reach sexual satisfaction. We hear from those workers who say they were demeaned and disgusted....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2006-033
2006-033

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about prisoner abuse at Abu Ghraib prison in Iraq – included pictures of tortured and humiliated prisoners – allegedly excessively violent and unsuitable for childrenFindingsStandard 9 and guidelines 9a, 9e, 9f (children’s interests) – major news item – sombre introduction included warning – children’s interests considered – not upheld Standard 10 and guideline 10g (violence) – care and discretion exercised – warning included – not upheldThis headnote does not form part of the decision. Broadcast [1] Previously unseen pictures of prisoner abuse at Abu Ghraib prison in Iraq were screened in an item on One News broadcast on TV One beginning at 6. 00pm on 16 February 2006. The item reported the way the American guards had allegedly tortured and humiliated the Iraqi prisoners....

Decisions
Hooker and TV3 Network Services Ltd - 2002-027
2002-027

ComplaintThe Bits in Between – sexual/adult themes – offensive – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] The Bits in Between was broadcast on TV3 at 7. 30pm on 24 September 2001. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes which were outside accepted norms of good taste and decency. He also considered that the programme was incorrectly classified and that the broadcaster had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

Decisions
Henderson and MediaWorks TV Ltd - 2014-156
2014-156

Summary [This summary does not form part of the decision. ] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. The Authority upheld the complaint that the promo breached the responsible programming and children's interests standards, as the promo contained sexual material more properly falling within the PGR classification. The Authority did not make any order. Upheld: Responsible Programming, Children's Interests No Order Introduction [1] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. 1 [2] Carol Henderson complained that it was inappropriate to show this promo for an AO programme during a G-rated movie and that it would have distressed and embarrassed children....

Decisions
Malcolm and Television New Zealand Ltd - 1997-107
1997-107

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...

Decisions
Schwabe and Television New Zealand Ltd - 2000-129
2000-129

ComplaintHolmes – footage of English coach’s half-time speech – offensive language – unsuitable for childrenFindings(1) Standard G2 – use of language not endorsed – no uphold (2) Standard G12 – no uphold This headnote does not form part of the decision. Summary Footage from a soccer coach’s half-time speech to players which contained strong language was broadcast on Holmes on TV One on 27 April 2000 beginning at 7. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the footage contained repeated and gratuitous offensive language. He contended that the item was offensive and unsuitable for children. TVNZ responded that the item was linked to new research findings that such angry motivational speeches did not assist performance, and maintained that the item was of topical interest....

Decisions
Boreham and Television New Zealand Ltd - 2008-118
2008-118

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand National Party – John Key pictured in moving vehicle – complaint that Mr Key was not wearing a seatbelt – allegedly in breach of law and order and children’s interests standards Findings Election Programmes Code Standard E1 – standards in the Free-to-Air Television Code apply to election programmes Standard 2 (law and order) – advertisement showed Mr Key removing seatbelt – reasonably attentive viewer would have concluded that he was wearing a seatbelt – even if he was not shown wearing a seatbelt, would not have breached Standard 2 – not upheld Standard 9 (children’s interests) – advertisement did not contain any material likely to disturb or alarm children – not upheld This headnote does not form part of the decision....

Decisions
Baylis and Television New Zealand Ltd - 2003-023
2003-023

Complaint American Beauty – film - numerous sexual references – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guideline 9c – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] The film American Beauty was screened on TV2 at 8. 30pm on Sunday 10 November 2002. The film is about a bored middle-aged man who becomes "love-struck" with one of his daughter’s friends. His fantasies lead him to turn his life upside down. [2] Murray Baylis complained to Television New Zealand Ltd, the broadcaster, that the sexual references and sexual messages in the film would be offensive to many New Zealanders, especially to people aged 12 – 16 years....

Decisions
Binks and 20 Others and TVWorks Ltd - 2010-141
2010-141

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Outrageous Fortune – coarse language broadcast during the first ten minutes of the programme including the word “cunt” – broadcaster upheld breaches of good taste and decency and children’s interests standards in relation to the use of the word “cunt” – action taken allegedly insufficientFindingsStandard 9 (children’s interests) – guideline 9b – frequent use of language amounted to broadcast of strong adult material too close to 8. 30pm watershed – broadcaster did not adequately consider children’s interests – upheld Standard 8 (responsible programming) – frequent coarse language and use of the word “cunt” in first 10 minutes of the programme constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheldStandard 1 (good taste and decency) – frequent coarse language before 8....

Decisions
Davie and MediaWorks TV Ltd - 2015-090 (1 March 2016)
2015-090

Summary[This summary does not form part of the decision. ]The host of Paul Henry said ‘bastards’ when referring to phone scammers and said the word ‘God’ several times as an exclamation when discussing the 2015 Rugby World Cup. The Authority did not uphold a complaint that this language breached broadcasting standards. It would not have offended a significant number of viewers or adversely affected any children who might have been watching. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and DenigrationIntroduction[1] The host of Paul Henry said ‘bastards’ when referencing phone scammers and said the word ‘God’ several times when discussing the 2015 Rugby World Cup – for example, ‘by God they are playing well’. [2] Craig Davie complained that Mr Henry used ‘foul language’ and was ‘taking the lord’s name in vain’, which was offensive and unsuitable for children....

Decisions
Gale and Television New Zealand Ltd - 1997-064
1997-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-064 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD GALE of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
McKay and Television New Zealand Ltd - 1998-031
1998-031

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-031 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON McKAY of Howick Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Boyle and TV3 Network Services Ltd - 1998-108
1998-108

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-108 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M L BOYLE of Hamilton Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Barraclough and Canwest TVWorks Ltd - 2005-024
2005-024

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – item about a 15-year-old girl who had run away from her home in Auckland – showed the girl in security camera footage in a shop with two young companions – included footage of the house she was found in – allegedly in breach of privacy, fairness and children’s interestsFindings Standard 3 (privacy) – no breach of privacy – not upheld Standard 6 (fairness) – boys not portrayed as being at fault – not unfair – not upheld Standard 9 (children’s interests) – subsumed under Standard 6This headnote does not form part of the decision. Broadcast [1] A 60 Minutes item broadcast on TV3 at 7. 30pm on 21 February 2005 told the story of a 15-year-old Auckland girl, Emma, who had run away from home to a family in Te Awamutu....

Decisions
Richardson and Television New Zealand Ltd - 2001-040, 2001-041
2001-040–041

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Decisions
Shrapnell and Boock and TV3 Network Services Ltd - 1996-052, 1996-053
1996-052–053

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-052 Decision No: 1996-053 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN SHRAPNELL of Wellington and CLIVE BOOCK of Dunedin Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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
Denley and Television New Zealand Ltd - 2007-065
2007-065

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....

Decisions
Young and TVWorks Ltd - 2011-074
2011-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – male character injected with “gay gene” – went to “Straight Camp” where he was encouraged to drink, play full contact football, and “find loose women to have sex with” – allegedly in breach of good taste and decency, discrimination and denigration, children’s interests, and liquor standards FindingsStandard 1 (good taste and decency) – scene had clear humorous and satirical intent – contextual factors – not upheld Standard 9 (children’s interests) – scene was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage denigration of, or discrimination against, a section of the community – not upheld Standard 11 (liquor) – broadcast did not amount to “liquor promotion” – not upheld This headnote does not form part of the decision....

Decisions
Bond and Prime Television New Zealand Ltd - 2005-076
2005-076

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....

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