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An appeal against this decision was dismissed in the High Court: CIV 2003-485-2658 PDF1. 96 MBComplaintOne News – item about children kidnapped by "Lord’s Resistance Army" in Uganda – raped – tortured – forced to murder – unsuitable for children at that hourFindingsStandard 9 and Guidelines 9a, 9c and 9e – majority – children treated badly – upholdStandard 10 and Guideline 10g – majority – warning necessary in view of violent, disturbing and alarming material – upholdNo OrderThis headnote does not form part of the decision. Summary[1] The brutality suffered by the children kidnapped by the self-styled Lord’s Resistance Army in Uganda was dealt with in an item broadcast on One News, beginning at 6. 00pm on Saturday 5 July 2003. It was reported that as many as 20,000 children had been kidnapped over a period of 17 years and had been tortured, mutilated, raped or forced to kill....
ComplaintThe Weakest Link – G rating – contestant said "pissed off" – offensive language FindingsStandard 1 and guideline a – contextual matters – no uphold Standard 9 and guideline a – context and use – no uphold This headnote does not form part of the decision. Summary [1] A celebrity edition of The Weakest Link was broadcast on TV One between 7. 40–8. 40pm on 6 January 2002. A contestant, Pam Corkery, said among her later final comments that she was "pissed off" at her inability to answer one specific question. [2] Gordon Hayes complained to Television New Zealand Ltd, the broadcaster, that to include such language in a programme rated G was "absolutely disgusting". [3] In response, TVNZ described the phrase as a "mild vulgarism" which was not sufficiently offensive to breach current community standards, and that children who were still awake after 8....
ComplaintOur World: The Farm that Time Forgot – Captain’s Log – commercial break in each programme included a Toyota bugger advertisement – programme presentation – offensive language FindingsSection 4(1)(a) and standard G2 – conjunction – advertisements in context – no uphold Standard G7 – no technical deception – no uphold Standards G8 and G12 – not unsuitable at 8. 40pm – no uphold This headnote does not form part of the decision. Summary [1] An episode of Our World entitled The Farm that Time Forgot was broadcast by TV One starting at 8. 05pm on Saturday 28 April 2001. During a commercial break at about 8. 40pm, a Toyota advertisement containing the word "bugger" was broadcast....
ComplaintWhat Now? – children’s programme – skit – revolved around farting – breach of good taste and decency – broadcaster not mindful of the effect on children FindingsStandard 1 – contextual matters – no uphold Standard 9 – skit would appeal to children – no uphold This headnote does not form part of the decision. Summary [1] What Now? , a children’s programme, broadcast on TV2 at 7. 30am on 21 April 2002, featured a parody of a well-known television commercial. The parody revolved around "farting". [2] P M McGrath complained to Television New Zealand Ltd, the broadcaster, that the item was disgusting, and not appropriate viewing material for children. [3] Declining to uphold the complaint, TVNZ said it was the policy of What Now? to encourage children to be relaxed about bodily functions and that the programme’s child development experts endorsed this approach....
Summary A news item on Midday reported on increasing lawlessness and the use of vigilante justice amongst black communities in South Africa. It focussed on a group of vigilantes avenging the alleged pack rape of a young woman, and included footage of the accused men being beaten by the woman and some vigilantes. The item was broadcast on TV One on 29 April 1999, and repeated in One Network News at 6. 00 pm. Mrs Ripley complained to Television New Zealand Limited, the broadcaster, that graphic footage of defenceless people being beaten and kicked, preceded only by what she said was a "quiet warning from the news-reader", should only be shown in the late news, if at all. Such violent scenes should not be shown at a time when children and young teenagers were able to watch, she wrote....
Complaint3 News – interview with actor Matt Damon included scenes from action movie "The Bourne Identity" – excessive violence – no warning – alarm children FindingsStandard 10 and Guideline 10g and Standard 9 – majority – sufficient care shown given item’s introduction and type of violence portrayed – no uphold – minority – material inappropriate in G rated time-slot – uphold Standard 1 and Guideline 1a – acceptable in context – no uphold This headnote does not form part of the decision. Summary [1] An interview with actor Matt Damon while visiting Sydney was included in an item on 3 News broadcast by TV3 between 6. 00 – 7. 00pm on 28 August 2002. The interview included two fight scenes from his recent film "The Bourne Identity"....
ComplaintSpin Doctors Election Special – drama – public relations company, satirised while suggesting election campaign strategies – "piss-head" – offensive language – imitation vomit – offensive behaviour FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for older children – no uphold This headnote does not form part of the decision. Summary [1] An election special episode of Spin Doctors was broadcast at 9. 00pm on TV One on 10 July 2002. It satirised the staff of a public relations company as they were shown trying to put together election campaign strategies for a number of political parties. [2] Elaine Hadfield complained to Television New Zealand Ltd, the broadcaster, about some of the language used and the behaviour depicted with reference to the Prime Minister. She said that the Prime Minister deserved respect, not ridicule....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for The Vampire Diaries – broadcast during a G-rated programme at 4. 55pm – contained shots of vampires and people kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standardsFindingsStandard 8 (responsible programming) – images in the promo very brief and dark – would not have left a lasting impression likely to disturb or alarm child viewers – correctly rated G – not upheld Standard 9 (children’s interests) – promo unlikely to disturb or alarm children – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – promo was fleeting and inexplicit – not upheld Standard 10 (violence) – promo did not contain any violence – not upheld This headnote does not form part of the decision....
ComplaintOne News – images of Kerry Fox and male actor both nude in award winning film "Intimacy" – nudity not decent at 6pm when children watching FindingsStandard G2 – visuals acceptable in context – no uphold Standard G2 – visuals restrained – mindful of children – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 19 February 2001 advised that New Zealand actress Kerry Fox had won the coveted Silver Bear Award at the Berlin Film Festival for her acting in the film "Intimacy". The item showed an extract from the film in which she and a male actor appeared naked....
ComplaintAmerican Sex – nudity and sexual activity – no educational value – sensational and offensive FindingsStandard G2 – AO rating – clear warning – broadcast at 9. 30pm – activity involved consenting adults – not gratuitous – majority – no uphold Standard G12 – not naturally accepted viewing times for children – no uphold This headnote does not form part of the decision. Summary An episode of American Sex was broadcast on TV3 between 9. 30 – 10. 30pm on Saturday 9 December 2000. The series was publicised as a light-hearted look at the American sex industry. Mr Harang complained to TV3 Network Services Ltd, the broadcaster, that as the programme included scenes of naked women and sexual activity, it was offensive and unsuitable for children. TV3 responded that American Sex screened an hour after the AO watershed and was preceded by a written and verbal warning....
ComplaintBig Brother – offensive behaviour – nudity – immorality – inappropriate for broadcast at 6. 30pm – unsuitable for children FindingsStandard G2 – adult themes – unsuitable for G timeslot – uphold Standard G8 – G classification incorrect – uphold Standard G12 – broadcaster not mindful of effect of broadcast on children – uphold No Order (but recommendation for a written apology) This headnote does not form part of the decision. Summary Big Brother is a television series which features a group of people who are confined in a house in Australia and continuously monitored by cameras. It is broadcast on TV2 at 6. 30pm Tuesdays to Saturdays. On Monday's Big Brother is broadcast at 6. 00pm. For the first two weeks the series was screened, the programme was broadcast on Mondays at 6. 30pm....
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....
ComplaintThe Chimp Channel – animals trained to perform unnatural behaviours – bad taste – bad effect on children – insensitive FindingsStandard G2 – not in bad taste – no uphold Standard G12 – broadcaster apparently mindful of children – no uphold Standard V17 – animals not humiliated or badly treated – no uphold This headnote does not form part of the decision. Summary The Chimp Channel was screened weekly on TV2 at 5. 30pm on Saturdays. It was a comedy series set in a television studio in which most of the actors were animals. Melanie Vivian complained to Television New Zealand Ltd, the broadcaster, that it was contrary to animal welfare for animals to be trained to perform "unnatural behaviours"....
Complaint An Audience with the King – offensive language – broadcaster failed to consider children’s viewing interests FindingsStandard 1 – majority – contextual matters – no uphold Standard 9 – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] An Audience with the King recorded the performance of stand-up comedian Mike King before a live audience. The programme was broadcast on TV2 at 9. 30pm on Friday 11 October 2002. [2] Graham Fox complained to Television New Zealand Ltd, the broadcaster, that the programme was offensive, and that it was irresponsible to have broadcast such material at a time when children were likely to be watching television. [3] In response, TVNZ said that the programme in context did not breach current norms of good taste and decency, and that it had considered the viewing interests of children....
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....
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....
ComplaintCockstars – documentary about Puppetry of the Penis – male nudity – "pelvic gyrations" – breach of good taste and decency – failed to consider children’s viewing interest FindingsStandards 1 – context – no uphold Standard 9 – outside children’s normally accepted viewing times – no uphold This headnote does not form part of the decision. Summary [1] Cockstars was a documentary about seeking performers for the stage show "Puppetry of the Penis". The programme was broadcast on TV3 at 9. 30pm on 5 June 2003. It featured nude males manipulating their genitalia. [2] Fay Woodham complained to TV3 Network Services Ltd, the broadcaster, that the programme was offensive because "full frontal nudity" was unacceptable and breached standards relating to children’s viewing interests. [3] Declining to uphold the complaint, TV3 said in context the broadcast did not breach current norms of good taste and decency....
ComplaintPromo – Charmed – slutty – offensive language – incorrect classification – broadcaster not mindful of children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G22 – PGR rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for Charmed was broadcast on TV3 on 30 September 2001 at 8. 20pm, during the film The Phantom Menace. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, about the use of the word "slutty" in a promo which was broadcast during PGR time. [3] TV3 declined to uphold the complaint. It considered that the promo was acceptable for screening during PGR time....
Complaints Friends – two episodes – references to "peeing" in one and depiction of strippers in the other – offensive behaviour – actors involved aged twenty something – inappropriately classified G – broadcasters not mindful of effect on child viewers FindingsStandard G2 – context – no uphold Standard G8 – affirms positive values – appropriately classified – no uphold Standard G12 – not alarming – no uphold This headnote does not form part of the decision. Summary [1] Friends is a long-established sitcom involving the adventures and love lives of six young people living in New York City. A jellyfish sting sequence was dealt with in the episode broadcast on TV2 at 6. 30pm on 29 November 2001 and one of the characters, Joey, recalled that "peeing" on a sting had been recommended as a remedy on the Discovery Channel....
Complaint Coca-Cola Chart Show and Coca-Cola RTR Countdown – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Kiss Kiss, Hot in Herre and Are You In? were broadcast on TV2’s Coca-Cola RTR Countdown at 6. 00pm on 20 July 2002 and on the Coca-Cola Chart Show at 10. 00am on 21 July 2002. [2] Tina Swenson complained to Television New Zealand Ltd, the broadcaster, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....