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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-148 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W and P JONES of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Big Love – fictional series about polygamist family in America – scene showed one of the wives nearly walking in on her husband and another wife having sex in her bedroom – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcast not during children’s normally accepted viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] Big Love was a fictional series about a polygamist businessman living with three wives in modern day Utah, America. The first two episodes of the series were broadcast consecutively on Saturday 29 July 2006 commencing at 8. 30pm on TV2....

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....

Summary A promo for the Billy T Awards was shown during This is Your Life which featured Michael Jones on 29 October 1997 beginning at 8. 30pm. The promo referred to masturbation. Mr Hay of Auckland complained to Television New Zealand Ltd, the broadcaster, that it was inappropriate to include the promo during the broadcast of a programme about a well known sportsman which would be watched by a large number of young people. He said he found it offensive and crude. TVNZ responded that it unhesitatingly agreed with Mr Hay that the promo was inappropriately placed. It explained that it was an error of judgement which had been acknowledged by the department responsible for making and scheduling of programme trailers. It apologised for causing offence. Dissatisfied with the action taken by TVNZ, My Hay referred the complaint to the Broadcasting Standards Authority under s....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 108/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GUSZTI BARTFAI of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson 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. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

ComplaintKeeping Secrets – documentary – strip club - nudity – warning insufficient – offensive behaviour – not mindful of children Findings(1) Standard G2 – warning – 9. 30pm – AO – nudity not focus – no full frontal nudity – no uphold (2) Standard G12 – 9. 30pm not "normally accepted" children’s viewing time – no uphold This headnote does not form part of the decision. Summary The documentary Keeping Secrets was broadcast on TV3 on 12 January 2000 at 9. 30pm. The documentary was about the opening of a second "Secrets" table dancing club in London. Kristian Harang complained to TV3 Network Services Ltd, the broadcaster, that the broadcast showed "strip club" scenes and nudity. He contended that the content transgressed broadcasting standards relating to good taste and decency and the protection of children....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30 – report on a suicide bombing in Sri Lanka – showed footage of moments before and after the explosion – allegedly in breach of children’s interests and violence standards Findings Standard 9 (children's interests) and Standard 10 (violence) – no graphic material – appropriate warning given – complainant mistaken about content of item – broadcaster sufficiently considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4. 30pm on Wednesday 11 March 2009, reported that "dramatic pictures have emerged showing the moments just before a deadly suicide bombing attack on Muslims in Sri Lanka". The presenter warned viewers that "you may find the pictures disturbing"....

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....

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....

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989We Own the Night – sex scene broadcast at approximately 8. 32pm contained footage of woman with hand between her legs, couple kissing, partial nudity, man's hand down woman's pants – allegedly in breach of good taste and decency, children’s interests and responsible programming FindingsStandard 9 (children's interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults Only watershed – upheld Standard 1 (good taste and decency) – programme's content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A movie called We Own the Night was broadcast on TV3 at 8. 30pm on Saturday 29 May 2010....

Summary [This summary does not form part of the decision. ]An item on 3 News which reported on a shooting massacre in a Kenyan Mall included footage of a man trying to hide, and then being shot at point blank range. The newsreader warned that the story contained ‘disturbing images’. The Authority upheld the complaint that this warning was inadequate to prepare viewers for witnessing a horrific execution. While recognising the very high public interest in the story and in the footage, viewers were not given a reasonable opportunity to exercise discretion or make a different viewing choice. The Authority did not make any order, as the decision provides sufficient guidance to broadcasters....

Download a PDF of Decision No. 1993-104:Armitage and Television New Zealand Ltd - 1993-104 PDF313. 81 KB...

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 on a 3-year-old child walking a tightrope over a tiger enclosure – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – light-hearted human interest story – child not humiliated – adequate care and sensitivity shown by broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 14 April 2010, reported that a 3-year-old child had walked a tightrope above a tiger enclosure in China as part of a publicity stunt for a circus....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – promo broadcast during 3 News- showed one character asking another to "unbutton your shirt and your pants" – overweight male character shown standing naked in a fountain with his stomach covering his genitals – character shown in another scene bending over and having his bottom pinched by his female boss who said, "Yeah, this is going to work out just fine", after which a fart sound was heard and the woman said "excuse me" – allegedly in breach of good taste and decency, responsible programming and children’s interests FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – promo was good natured, did not contain adult themes, and was correctly classified – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for 3 News – showed a man head-butting another man – allegedly in breach of good taste and decency, law and order, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – footage was fleeting and inexplicit and no visible injury was shown – broadcast during Home and Away and five minutes before the news – formed part of a newsworthy story – contextual factors – not upheld Standard 10 (violence) – contextual factors – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – contextual factors – broadcaster adequately considered children’s interests – not upheld Standard 2 (law and order) – footage in the promo did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the…...

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989TVNZ News Now – item contained footage of teenage girl beating another and two girls fighting – item was not preceded by a warning – broadcaster upheld the complaint under responsible programming, children’s interests and violence standards – action taken allegedly insufficient FindingsStandard 8 (responsible programming), Standard 9 (children’s interests) and Standard 10 (violence) – item carried a high level of public interest and would have been acceptable for broadcast if preceded by a warning – TVNZ correct to uphold the complaint but action taken was sufficient in the circumstances – not upheld This headnote does not form part of the decision. Broadcast [1] During TVNZ News Now, broadcast on TVNZ 7 at 8am on Sunday 27 March 2011, the news reader introduced a story, saying: There’s serious concern from schools about the rise in physical violence among teenage girls....