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This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

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 19893 News – reported on world’s first 3D erotic film, Sex and Zen – included clips from the movie – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – legitimate news story – contextual factors – not upheld Standard 9 (children’s interests) – film clips were effectively censored – unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item during 3 News, broadcast on TV3 at 6pm on 5 May 2011, reported on the opening of the world’s first 3D erotic film, Sex and Zen. The item was introduced as follows: Thanks to Avatar, when people think of 3D films they probably conjure up the colour blue....

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....

Summary [This summary does not form part of the decision. ]A promo for the series Broadchurch screened during a PGR-rated episode of Masterchef New Zealand. The Authority did not uphold the complaint that the promo contained material likely to alarm or distress children. Any suggestion of something sinister occurring in the series was implied only, and not explicitly described or shown. None of the content warranted an AO classification or later time of broadcast. Not Upheld: Children's InterestsIntroduction[1] A two-minute promo for Broadchurch outlined the premise of an upcoming series. It screened within a PGR-rated episode of Masterchef New Zealand, at 7. 30pm on TV ONE on Sunday 4 May 2014. [2] Samantha Fleming complained that the promo contained material that would have been distressing for children and was unsuitable for the timeslot....

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...

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...

Download a PDF of Decision No. 1992-066:...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Embarrassing Bodies – episode focusing on vaginas broadcast at 8. 30pm – close-up shots of women’s vaginas and surgical operations – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – programme had educational value – clear pre-broadcast warning for nudity and medical scenes – nudity was non-sexual and matter-of-fact – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and preceded by adequate warning – not upheld Standard 9 (children’s interests) – clear warning and signposting of likely content gave parents an opportunity to exercise discretion – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]A One News item reported on a new prenatal test for Down Syndrome. The Authority did not uphold the complaint that the item discriminated against people with Down Syndrome and was unbalanced because it did not show a situation where identifying a baby with Down Syndrome was viewed positively. Comments suggesting that a low probability of having a baby with Down Syndrome was ‘good news’ were clearly the personal opinions of the interviewees and were not endorsed by the programme. The item itself made no judgement about the test or the outcome of testing in terms of whether a foetus diagnosed as having Down Syndrome was a good or a bad thing. The item was squarely focused on the benefits of the new test in that it was more accurate, and less invasive than other procedures....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 12/94 Dated the 5th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHARLES B. HARPER of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – 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…...

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....

Summary A documentary about the naturist movement in New Zealand, entitled Inside New Zealand: Nude Zealand, was broadcast on TV3 on 16 June 1999, commencing at 8. 30 pm. It contained footage of naked men and women, including breasts and male genitalia. Kristian Harang complained to TV3 Network Services Limited, the broadcaster, that the broadcast portrayed nudity as normal, whereas very few people in New Zealand were nudists and many would object to nudity being screened in their homes. The numerous scenes of naked men and women, and male genitals, in family viewing time would have a detrimental effect on children and young people, he wrote. TV3 responded that the documentary was preceded by a written and verbal warning, and screened in AO time. The programme’s depiction of nudity was innocent and non-sexual, it wrote, and portrayed the naturists’ bodies matter-of-factly....

Complaint Shortland Street – episodes involving – casual sex (one night stand) – the use of toothpaste to make a child ill – ending an episode with voodoo-inspired fear – adult themes – inappropriate for broadcast to young people at 7. 00pm FindingsStandard G8 – appropriately rated PGR – no uphold Standard G12 – classification evidence of being mindful of children – no uphold This headnote does not form part of the decision. Summary [1] Shortland Street is a long running fictional series broadcast at 7. 00pm on weekdays on TV2. The episode broadcast on 12 August 2001 included a central character having a one-night sexual encounter, the episode on 17 August raised the possibility of giving a child some toothpaste to make her ill to enable the mother to have a break, and on 21 August, an episode concluded with fear inspired by the use of voodoo....

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Taken – movie about former CIA officer’s mission to rescue his daughter from foreign slave traders – contained violent scenes including torture, fighting and shootings – allegedly in breach of standards relating to good taste and decency, children’s interests and violence FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – violent material broadcast outside children’s normally accepted viewing times – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] Taken, a fictitious action thriller about a former CIA officer’s mission to rescue his daughter from foreign slave traders, was broadcast on TV3 at 8. 30pm on Monday 31 January 2011....

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....