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Steans and TVWorks Ltd - 2011-105
2011-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Forgetting Sarah Marshall– contained three brief shots of a naked man with his genitals visible at approximately 8. 35pm – use of words “fuck” and “fucking” at about 8. 40pm – allegedly in breach of standards relating to good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – nudity was fleeting and non-sexualised – expletives were incidental and used colloquially rather than abusively – content did not amount to “strong adult material” broadcast too soon after the AO watershed – movie was classified AO and broadcast outside children’s viewing times – warning for nudity and language allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Forgetting Sarah Marshall was broadcast on TV3 at 8....

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
Coburn and TVWorks Ltd - 2011-173
2011-173

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – contained sexual content and innuendo – allegedly in breach of standards relating to good taste and decency, responsible programming and children’s interestsFindingsStandard 1 (good taste and decency) – sexual content was subtle and inexplicit – nature of sexual innuendo would have gone over the heads of younger viewers – not upheldStandard 9 (children’s interests) – content was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheldStandard 8 (responsible programming) – the episode was correctly rated PGR and screened in appropriate time-band – not upheldThis headnote does not form part of the decision. Introduction[1] An episode of the cartoon comedy Family Guy was broadcast on FOUR at 7. 30pm on Thursday 20 October 2011....

Decisions
Mason and TVWorks Ltd - 2011-058
2011-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on death of Osama Bin Laden – included image of bruised and bloodied face – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, children’s interests and violence FindingsStandard 1 (good taste and decency) – image related to major international event – clear warning given – contextual factors – not upheld Standard 10 (violence) – contextual factors – image preceded by prolonged and detailed warning – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – 3 News was an unclassified news programme targeted at adults – news often deals with unpleasant material – clear warning – broadcaster adequately considered children’s interests – not upheld Standard 8 (responsible programming) – 3 News was an unclassified news programme – standard not applicable – not…...

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
Gillingham and TVWorks Ltd - 2012-053
2012-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on “strip club turf war” contained footage of a stripper wearing only a G-string and dancing erotically – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld the complaint under Standards 1 and 9 – action taken allegedly insufficient FindingsAction Taken: Standard 1 (good taste and decency) and Standard 9 (children’s interests) – action taken by broadcaster sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on Thursday 3 May 2012, reported on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Decisions
Atkins and Television New Zealand Ltd - 2007-066
2007-066

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"....

Decisions
Canterbury Area Health Board and Harris and TV3 Network Services Ltd - 1993-171, 1993-172
1993-171–172

Download a PDF of Decision No. 1993-171–172:Canterbury Area Health Board and Harris and TV3 Network Services Ltd - 1993-171, 1993-172 PDF1. 28 MB...

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
Stanton and Television New Zealand Ltd - 1998-097
1998-097

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Schwabe and Television New Zealand Ltd - 1999-163
1999-163

Summary A man who emulated the lifestyle of the fictional Austin Powers character was the subject of a news report on TV One broadcast between 6. 00–7. 00pm on 11 July 1999. In that context, reference was made to the recently released Austin Powers film "The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an offensive macho term which degraded women and was not acceptable during a family hour broadcast. TVNZ acknowledged that the word "shagged" contained strong sexual innuendo, but argued that its level of offensiveness had been considerably moderated. It noted that the word was used only once during the item and that was in the context of the film’s title. It did not consider that that single reference breached any broadcasting standards....

Decisions
Zacharias and TV3 Network Services Ltd - 2000-085
2000-085

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

Decisions
Watson and TV3 Network Services Ltd - 2001-210
2001-210

ComplaintComedy Season Promo – edited clips from nine comedy programmes – footage from Sex and the City unsuitable for broadcast during children’s programming – breach of good taste – broadcaster not mindful of children – explicit material unacceptable FindingsStandard G2 – promo did not breach currently accepted norms of good taste and decency – no uphold Standard G12 – not G material – broadcaster not mindful of promo’s effect on children – uphold Standard G24 – not "explicit material" as envisaged by the standard – no uphold No Order This headnote does not form part of the decision. Summary 1] TV3 promoted its Comedy Season with a montage of clips from various comedy programmes. The promo, which lasted 60 seconds, included clips from 3rd Rock from the Sun, Will and Grace and Sex and the City, edited together....

Decisions
Stockwell and Television New Zealand Ltd - 2009-078
2009-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Decisions
Smith and Television New Zealand Ltd - 2008-018
2008-018

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Decisions
Fabian and CanWest TVWorks Ltd - 2007-001
2007-001

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – 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) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

Decisions
Quinlan and Television New Zealand Ltd - 2008-095
2008-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – New York correspondent reported on Christie Brinkley’s divorce – said that her husband “masturbated to web cams” – 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) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] Breakfast was broadcast on TV One between 6. 30am and 9am on 11 July 2008. Each week, the programme’s New York correspondent reported on the latest celebrity news from the United States....

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
Bennett and Television New Zealand Ltd - 2008-015
2008-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....