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Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2006-032
2006-032

Complaint under section 8(1)(a) of the Broadcasting Act 1989Coronation Street – episode in which the character “Katy” attempted suicide – allegedly put children at risk FindingsStandard 9 (children’s interests) – appropriately considered by broadcaster through programme classification, time of broadcast, warning, and restrained nature of portrayal – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Coronation Street, which included the depiction of a suicide attempt by the diabetic character “Katy”, was broadcast on TV One at 7. 30pm on 16 February 2006. Coronation Street is a fictional drama series set in Northern England and, earlier in the storyline, “Katy” had murdered her father. The sequences which featured “Katy” in the episode complained about were interspersed with sequences which dealt with a range of other storylines, and showed her consuming large amounts of sugar, and destroying her diabetes medication....

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
Cox and 3 Others and Television New Zealand Ltd - 2006-012
2006-012

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about Muslim outrage caused by cartoons first published in Denmark depicting the prophet Mohammed – item concluded with satirical depiction of Jesus Christ – allegedly in breach of good taste and decency, unbalanced and unfair in that it encouraged the denigration of ChristiansFindingsStandard 1 (good taste and decency) – context – not upheld Standard 4 (balance) – contrast in attitudes to freedom of speech about religious convictions is controversial issue of public importance – dealt with in balanced way in full item – not upheld Standard 6 (fairness) and guideline 6g (denigration) – lampooning of Christians did not amount to blackening of reputation – not upheld Standard 7 (programme classification) – news and current affairs not subject to classification system – warning was broadcast – not upheld Standard 9 (children’s interests) – warning included before current affairs item – not upheldThis headnote…...

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
Baldwin and Television New Zealand Ltd - 2006-125
2006-125

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that a group of Australian teenage boys had filmed their attack of a teenage girl and were circulating the footage on DVD – showed some images of the boys’ attack – allegedly in breach of good taste and decency, the maintenance of law and order, unfair, and in breach of children’s interests and the violence standard FindingsStandard 1 (good taste and decency) – subsumed under Standard 10 Standard 2 (Law and order) – nothing inconsistent with the maintenance of law and order – not upheld Standard 6 (fairness) – not unfair to teenage girl or homeless man – not upheld Standard 9 (children's interests) – item should have been preceded by a warning due to violent content – broadcaster did not consider the interests of children – upheld Standard 10 (violence) – item should have been preceded by a warning due to…...

Decisions
Grant and Television New Zealand Ltd - 2006-129
2006-129

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – repeat episode at 7am on a Sunday morning – reported controversy over recent photographs in Pavement magazine – showed photographs of topless 19-year-old girl – allegedly in breach of children’s interests. FindingsStandard 9 (children’s interests) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat episode of the current affairs programme Sunday was broadcast on TV One at 7am on Sunday 29 October 2006. One item reported controversy over a recent magazine spread in Pavement magazine, which some people argued contained sexualised images of girls as young as 11 years of age. The programme featured photographs from the magazine, including several shots of a topless 19-year-old girl, and showed advertisements with models adopting suggestive poses....

Decisions
Berney and CanWest TVWorks Ltd - 2005-128
2005-128

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

Decisions
Duncan and CanWest TVWorks Ltd - 2005-106
2005-106

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – footage of teenagers committing animal cruelty offences – images of hedgehogs and ducks subjected to cruelty – allegedly in breach of good taste and decency, and children’s interestsFindingsStandard 1 – good taste and decency – contextual factors – not upheld Standard 9 – children’s interests – contextual factors, particularly warnings, were sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] TV3 broadcast an item on 25 July 2005 at 7. 30pm entitled “God’s Creatures”, as part of the 60 Minutes current affairs programme. The item covered the recent arrest of two people in Huntly for animal cruelty. The item also dealt with the suggested link between animal cruelty and subsequent violent offences against people. [2] The item reported that the teenagers had set fire to cages which had trapped two feral cats....

Decisions
Fletcher and Television New Zealand Ltd - 2005-119
2005-119

Complaint under section 8(1)(a) of the Broadcasting Act 1989Desperate Housewives – promo – shown at 8. 00pm during G-rated NZ Idol – sexual images and dialogue – promo allegedly unsuitable for screening during G-rated host programme and allegedly in breach of children’s interestsFindingsStandard 7 (programme classification) – majority of view that promo’s rating should have been PGR – AO according to minority – screened during G-rated host programme – upheld Standard 9 (children’s interests) – majority – material in promo discreet – sufficiently acknowledged children’s interests – minority – promo should have been rated AO – unsuitable for children – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for Desperate Housewives was broadcast on TV2 at about 8. 00pm on 22 August 2005. It was screened during the G-rated programme NZ Idol. The promo was rated G by the broadcaster....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2005-116
2005-116

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about massacre of about 80 people in northern Kenya including 22 children – allegedly unnecessarily graphic and excessively violent, and breached children’s interestsFindingsStandard 9 and guidelines 9a, 9e, and 9f (children’s interests) – introduction provided signpost and themes handled with discretion – not upheld Standard 10 and guideline 10g (violence) – discretion shown to exclude graphic material – not upheldThis headnote does not form part of the decision. Broadcast [1] A massacre in northern Kenya in which about 80 people were killed, including 22 children, was covered in a news item broadcast on One News on TV One beginning at 6. 00pm on 16 July 2005. Complaint [2] On behalf of Viewers for Television Excellence Inc....

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
McCarthy and TV3 Network Services Ltd - 2004-056, 2004-057
2004-056–057

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....

Decisions
Bennett and Television New Zealand Ltd - 2003-069
2003-069

ComplaintMercury Lane – promo – reference to pubic hair – broadcast during Son of God on Good Friday at 10. 30am – offensive – unsuitable for children FindingsStandard 1 – spoken not visual reference – context – no uphold Standard 9 – children not unfamiliar with nudity – no uphold This headnote does not form part of the decision. Summary [1] A question to an artist about the public reaction to the portrayal of pubic hair was included in a promo for Mercury Lane, a programme about the arts. The promo was broadcast at about 10. 30am on Good Friday during the screening of the documentary Son of God, which reported the results of a scientific examination into issues raised about Jesus Christ. [2] Carole Bennett complained that the broadcast of the promo, during family viewing time, was disgusting....

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
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
Watson and Television New Zealand Ltd - 2003-088
2003-088

ComplaintTipping the Velvet – promo – "lesbian sex scenes" – 7. 30pm – offensive – unsuitable for children FindingsStandard 1and Guideline 1a – context – no uphold Standard 9 – not alarming or distressing for children – majority – no uphold This headnote does not form part of the decision. Summary [1] Scenes and dialogue of an intimate nature between females from the television drama, Tipping the Velvet, were broadcast in a promo on TV One at 7. 30pm on Sunday 4 May 2003. [2] Robin Watson complained to Television New Zealand Ltd, the broadcaster, that the promo contained lesbian sex scenes which were entirely unsuitable for child viewers and, therefore, inappropriate for broadcast during family viewing time....

Decisions
Smith and Television New Zealand Ltd - 2003-049
2003-049

ComplaintEyes Wide Shut – film – screened at 9. 30pm during school holidays – sexual content – unsuitable for children Findings Standard 1 and Guideline 1a – not relevant Standard 9 and Guidelines 9a, 9b & 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] Eyes Wide Shut was a film broadcast during the school holidays, on TV2 at 9. 30pm on Tuesday 21 January 2003. The film was preceded by a warning which cited "strong sexual content", "nudity" and "drug use", and it was classified AO. [2] Cherry Smith complained to Television New Zealand Ltd, the broadcaster, that by not providing sufficient information about the film prior to its broadcast, TVNZ failed to consider the interests of children....

Decisions
Kiro and Television New Zealand Ltd - 2007-111
2007-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

Decisions
McArthur and Television New Zealand Ltd - 2007-117
2007-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....