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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-083 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryReferences to sexual activity were made in an episode of Dharma and Greg broadcast on TV2 on 4 November 1998 at 7. 30pm. Two different couples were said to have had sex in a public place. Mr Davies complained to Television New Zealand Ltd, the broadcaster, that such explicit programme content was unsuitable for broadcast before 8. 30pm. He lamented a decline in standards which he noted had occurred in recent years, and sought to have all references to sex excluded from any PGR programme. At the outset, TVNZ noted that no sexual activity was shown in the programme, but was only implied in the action and dialogue. It acknowledged that the programme was more suited to adult audiences, but did not accept that it was unsuitable for children who were watching under the guidance of an adult....

SummaryAn episode of Newsflash broadcast on TV 2 on 15 September 1998 at 8. 00pm contained, among other things, skits with a religious theme. Mrs Gruijters complained to Television New Zealand Ltd that the skits were tasteless and offensive and she objected to what she perceived as an attempt to get laughs at all costs. TVNZ responded informally in the first instance, and when asked to respond formally, advised that it considered the complainant’s objection was really one of personal preference rather than an assertion that statutory standards had been breached. Dealing with the specific matters to which Mrs Gruijters objected, it maintained that there was nothing in the programme which breached the good taste standard, and nothing which represented any group as inherently inferior or encouraged discrimination against them. Dissatisfied with TVNZ’s response, Mrs Gruijters referred the complaint to the Broadcasting Standards Authority under s....

Summary A character, "Xerox – Warrior Prince", in the "Serial Stuff" series in What Now, was portrayed eating some oversized food items. He also made some enthusiastic comments about food in skits in which he appeared. The actor who played the character had a larger build than the other actors. The programme was broadcast on TV2 on 14 March 1999, commencing at 8. 00 am. Mrs Edwards complained to Television New Zealand Limited, the broadcaster, that the character perpetuated the stereotype that people who are above "normal weight" were like that because they ate too much. "Fat phobia" could be reinforced in children’s minds, she wrote, and could lead to bulimia or anorexia. TVNZ responded that the effect of the "Billy Bunter type character" was to lampoon such stereotyping. The acting was exaggerated, it wrote, to show how silly pre-conceived ideas about types of people can be....

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....

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....

Summary The promo for a 60 Minutes programme was broadcast on TV One between 5. 30–6. 00pm prior to 24 October 1999 and featured the author of a book on female erotica. Referring to a passage in her book, she asked "who wants to have a silent orgasm? " Mr Petterson complained to Television New Zealand Ltd, the broadcaster, that this remark "transcends acceptable behaviour in a family home". He objected to its broadcast at an early hour when young children would be watching television and suggested that it could be embarrassing for parents if their children asked what the question meant. In its response, TVNZ emphasised that as the word "orgasm" was not in itself offensive, it did not see how it could cause harm to children....

ComplaintSpin City – offensive behaviour – homosexual activity – unsuitable for children FindingsStandard G2 – not offensive – no uphold Standard G12 – jokes involving homosexuality not intrinsically unsuitable for children – no uphold This headnote does not form part of the decision. Summary In an episode of Spin City, the main character discovered that a friend of his was gay. The programme featured the attraction between the friend and another gay man. It was broadcast on TV2 at 6. 30pm on 20 April 2001. Janice Urry complained to the broadcaster, Television New Zealand Ltd, that the broadcast included "situations of a distinctly homosexual nature" and "homosexual intercourse". She described the material as "disgusting", "degrading" and unsuitable for broadcast to children. TVNZ maintained that homosexuality was not a subject which should be forbidden when children were watching television....

The Authority has upheld a complaint that an episode of 20/20 aired on free-to-air television on a Sunday at 9am, detailing serial killer Ted Bundy’s crimes, motivations, and background, breached the children’s interests and programme information standards. The Authority noted that the broadcast presented in detail some potentially distressing and disturbing content, and themes including sexual violence and perversion, murder, and abduction, without any audience advisory or warning for this content. Additionally, the Authority considered the content and themes were suited for broadcast during the M timeband (suitable for a mature audience), rather than during PG time (which indicated the content was not necessarily unsuitable for child viewers under adult supervision). Viewers were not given sufficient information or signposting about the programme’s likely content to enable them to make informed choices about whether they, or children in their care, should view the broadcast....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997- Dated the th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D L HURNDELL of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Groove in the Park – text messages ran across the bottom of screen during broadcast of live music event on Waitangi Day – contained content which the complainant found offensive – allegedly in breach of good taste and decency, contrary to children's interests, denigratory and in breach of promotion of liquor standardFindingsStandard 1 (good taste and decency) – use of expletives in graphic sentences was contrary to the observance of good taste and decency – upheldStandard 6 (fairness) and guideline 6g (denigration) – text messages encouraged denigration of and discrimination against sections of the community based on race – upheldStandard 9 (children’s interests) – broadcast was G-rated and children likely to be watching on a public holiday – content highly unsuitable for children – upheld Standard 11 (liquor) – unable to determine in the absence of a recording – decline…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 81/94 Decision No: 82/94 Decision No: 83/94 Decision No: 84/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BAYFIELD KINDERGARTEN of Dunedin CAROLYN BARR of Te Puke CHILDREN'S MEDIA WATCH of Auckland MOSGIEL CENTRAL KINDERGARTEN of Mosgiel Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – showed couple in bed – camera with recording light on was positioned at the end of the bed – footage briefly shown of the couple kissing – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – programme’s themes more suited to PGR but visual depiction of them inexplicit and acceptable in G programme – majority – not upheld Standard 1 (good taste and decency) and Standard 9 (children’s interests) – subsumed into consideration of Standard 8 This headnote does not form part of the decision. Broadcast [1] An episode of Home and Away, an Australian soap opera with a G rating, was broadcast on TV3 at 5. 30pm on Friday 31 July 2009....

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....

Summary A One Network News item reporting on the situation in East Timor included three photographs which had been smuggled out of the territory. The photographs were said to depict the severed head of a man impaled on a stake, the body of a woman who it was alleged had been raped, and the body of a beheaded man being dragged along on a rope. The item was broadcast on TV One on 23 September 1999 commencing at 6. 00pm. Mrs Barker complained to Television New Zealand Limited, the broadcaster, that none of the photographs was fit for broadcast at that time of night. That was supposed to be a safe viewing time for young people, she wrote. She added that the photographs were "horrific", and that it was "totally irresponsible" and "totally inappropriate" to show them without any warning....

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…...

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

Summary Evidence from the trial of the men accused of murdering Beverley Bouma was reported in a One Network News item. The item included an extract from the prosecuting lawyer’s description of how the killing occurred. It was broadcast on TV One, at 6. 00pm on 11 October 1999. Mr Gribble complained to Television New Zealand Ltd, the broadcaster, that the detailed description in the item was not suitable to include in a 6. 00pm news programme, as that was a time during which children could be watching television. TVNZ responded that, while its news editors were always mindful of the child audience that might watch news programmes, those programmes necessarily carry unpleasant content where that content is relevant and important....