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Whiteley and TV3 Network Services Ltd - 2004-121
2004-121

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – item about big budget films to be made in New Zealand – movie clip shown included a shot of a woman falling off her chair and her dress flying up – allegedly offensive and contrary to interests of child viewers FindingsStandard 1 (good taste and decency) – context – inexplicit – not upheld Standard 9 (children’s interests) – not unsuitable for children in context – not upheld This headnote does not form part of the decision. Broadcast [1] An item about the number of big budget films to be made in New Zealand featured on 3 News at approximately 6. 20pm on 7 June 2004. The item included interviews with two leading actors who said they were looking forward to working in New Zealand, one of whom was Jack Black....

Decisions
Watkins and Television New Zealand Ltd - 2000-035
2000-035

Summary An episode of The Ricki Lake Show was screened on Labour Day - a public holiday. The episode was broadcast on TV2 on 25 October 1999, commencing at 2. 00pm. The programme was rated AO because it contained adult content. Ms Watkins complained to Television New Zealand Limited, the broadcaster, that TVNZ breached broadcasting standards by broadcasting an AO classified programme before 8. 30pm on a public holiday. TVNZ agreed that the episode should not have been shown during PGR time. It said that the mistake occurred because its scheduler had not checked the schedule adequately, given that the date was a public holiday, and its new computer system had not prompted its scheduler that the show had been scheduled outside its time band. TVNZ upheld the complaint, apologised to the complainant, and advised that steps had been taken to ensure that the incident would not recur....

Decisions
Jackson and Television New Zealand Ltd - 2010-122
2010-122

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with female porn star about her thoughts on feminism and sexuality – included footage of porn star wearing lingerie and clips from her pornographic movies – broadcaster upheld complaint under good taste and decency and children’s interests standards – action taken allegedly insufficient FindingsAction taken – Standards 1 (good taste and decency) and 9 (children’s interests) – serious breach of good taste and decency and children’s interests standards – action taken by broadcaster was insufficient – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – costs to the Crown of $3,000 This headnote does not form part of the decision. Broadcast [1] During an episode of Close Up, broadcast on TV One at 7pm on 11 August 2010, a reporter interviewed a female porn star, Nina Hartley, about her life and thoughts on feminism and sexuality....

Decisions
Harang and Television New Zealand Ltd - 2005-018
2005-018

Complaint under section 8(1)(a) of the Broadcasting Act 1989Item on Close Up looking at the nudist lifestyle – reporter visited a nudist camp – allegedly in breach of standards relating to good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – item not harmful to children – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on Close Up on TV One at 7pm on 1 February 2005 used the occasion of the “nude Olympics” to look into the nudist lifestyle....

Decisions
Stewart and Television New Zealand Ltd - 2011-063
2011-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Decisions
Sinclair and Television New Zealand Ltd - 1997-063
1997-063

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-063 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by B L SINCLAIR of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Pollard and Television New Zealand Ltd - 2005-079
2005-079

Complaint under section 8(1)(a) of the Broadcasting Act 1989Border Patrol – footage of hedgehogs and ducks to which explosives had been attached – footage of wall splattered with blood and feathers – allegedly offensive and unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – restrained images – not upheldThis headnote does not form part of the decision. Broadcast [1] A disc containing images of extreme cruelty to animals was among hundreds of discs seized by a Customs Officer. The seizure was dealt with in an episode of Border Patrol and the item included footage of hedgehogs and ducks which had been tied up and had explosives attached to them. It also included footage of walls splattered with blood and feathers. The episode of Border Patrol was broadcast on TV One at 7. 30pm on 23 May 2005....

Decisions
Samuel and Television New Zealand Ltd - 2008-121
2008-121

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Hotel Babylon – sex scene broadcast one minute after the Adults Only watershed – broadcaster upheld complaint under three standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency), 7 (programme classification) and 9 (children’s interests) – broadcaster upheld complaint under three standards and counselled appraiser – action taken sufficient This headnote does not form part of the decision. Broadcast [1] An episode of Hotel Babylon, a BBC drama following the lives of workers at a five-star hotel, was broadcast on TV One at 8. 30pm on Wednesday 1 October 2008. The programme’s introductory sequence at 8. 31pm included a five-second scene showing a couple having sex. No breasts or genitals were shown, and, although the woman’s naked back could be seen as she straddled a man in bed, her buttocks were covered with a sheet....

Decisions
McClean and TVWorks Ltd - 2007-137
2007-137

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item on the sentencing of convicted rapist Roger Kahui included a brief re-enactment showing actor forcing entry into victim’s home – allegedly in breach of good taste and decency, law and order, programme information, children’s interests and violence standards Findings Standard 1 (good taste and decency) – item made it clear to viewers that it was a re-enactment – stylised dramatisation – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item was brief – unlikely to disturb child viewers – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion – not upheld Standard 8 (programme information) – standard not relevant – not upheld This headnote does not form part of the decision.…...

Decisions
Riwai-Couch and TVWorks Ltd - 2012-014
2012-014

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....

Decisions
Harang and Television New Zealand Ltd - 1993-007
1993-007

Download a PDF of Decision No. 1993-007:Harang and Television New Zealand Ltd - 1993-007 PDF322. 28 KB...

Decisions
Hamilton and Television New Zealand Ltd - 1990-004
1990-004

Download a PDF of Decision No. 1990-004:Hamilton and Television New Zealand Ltd - 1990-004 PDF736. 19 KB...

Decisions
Bracey and Ee and Television New Zealand Ltd - 2013-084
2013-084

Summary [This summary does not form part of the decision. ] A One News item reporting on Family Planning’s call for sex education in schools for younger children, included brief footage of Miley Cyrus’ performance at the 2013 MTV Video Music Awards. Consistent with two previous decisions, the Authority did not uphold complaints that the footage was inappropriate to show during the news. Given recent widespread publicity of the performance, it was a relevant example of the kind of sexualised images Family Planning was concerned younger audiences were being exposed to. Unclassified news programmes often contain material unsuitable for children and some adult supervision is expected. Not Upheld: Good Taste and Decency, Children’s Interests, Controversial Issues Introduction [1] An item on One News reported on Family Planning’s call for sex education in schools for younger children....

Decisions
Shepherd and Television New Zealand Ltd - 1995-022
1995-022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 22/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY SHEPHERD of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Society for the Promotion of Community Standards Inc and TV4 Network Services Ltd - 2003-072
2003-072

ComplaintThe Ugly – film rated R18 by OFLC – broadcast at 9. 30pm – graphic violence and adult content – offensive – school holidays – unsuitable for children FindingsStandard 1 and Guideline 1a – context included violent theme, cuts, time of broadcast, and warning – no uphold Standard 9 and Guidelines 9a and 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] The film The Ugly, a psychological thriller made in New Zealand, was screened on TV4 at 9. 30pm on Thursday 16 January 2003. [2] The Secretary (David Lane) of The Society for the Promotion of Community Standards Inc. (SPCS) complained to TV4 Network Services Ltd, the broadcaster, that the film breached the standards relating to good taste and decency, and to the protection of children....

Decisions
JB and Television New Zealand Ltd - 2006-090
2006-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

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
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Decisions
Children's Media Watch and Television New Zealand Ltd - 1994-006
1994-006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 6/94 Dated the 17th day of February 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHILDREN'S MEDIA WATCH of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Thompson and Television New Zealand Ltd - 1997-038
1997-038

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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