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O'Neill and TVWorks Ltd - 2011-127
2011-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989LMFAO Video Hits – LMFAO song “Shots” broadcast at 7....

Decisions
Warwick and TVWorks Ltd - 2013-089
2013-089

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....

Decisions
Preece and Television New Zealand Ltd - 2008-049
2008-049

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter held a highlighter to his nose and sniffed it – commented that highlighters are not as good as permanent markers for sniffing – allegedly in breach of law and order and children’s interests standards Findings Standard 2 (law and order) – sniffing permanent markers is not illegal – comments intended to be humorous – 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] During an episode of Breakfast, broadcast on TV One on Thursday 10 April 2008, the following discussion took place between the programme’s presenters Paul Henry and Pippa Wetzell at approximately 8. 05am: Paul: What did we do before highlighters? They are so cool. . ....

Decisions
Haden and TV3 Network Services Ltd - 2001-226
2001-226

ComplaintInside New Zealand: "Piercing – The Hole Story" – documentary – pierced genitalia displayed – offensive – inappropriate for children FindingsStandard G2 – piercing for body suspension – images beyond community standards – uphold; piercing of genitalia – majority – matter of fact – minority – gratuitous – no uphold; other aspects – context – no uphold Standard G12 – body suspension segment at start of programme – waterfall after 8. 30pm – uphold No Order This headnote does not form part of the decision. Summary [1] "Piercing – The Hole Story" was the title of a documentary broadcast on the Inside New Zealand series on TV3 at 8. 30pm on 1 August 2001. It examined the practice of piercing navels and tongues among youth, and showed some more unusual piercings, including genital piercing and suspending by hooks through the flesh....

Decisions
Dunham and Television New Zealand Ltd - 1996-081
1996-081

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-081 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCES DUNHAM of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Copeland and TV3 Network Services Ltd - 1994-067
1994-067

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 67 /94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON COPELAND of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Decisions
Hooker, Davey and Jones and Television New Zealand Ltd - 2001-220, 2001-221, 2001-222
2001-220–222

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Decisions
Pepping and TVWorks Ltd - 2009-014
2009-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Decisions
Jeune and Television New Zealand Ltd - 1998-160
1998-160

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Decisions
Cheer and Television New Zealand Ltd - 1996-151
1996-151

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-151 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MORRIS CHEER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Jones and Television New Zealand Ltd - 2009-046
2009-046

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"....

Decisions
Hutchings and Television New Zealand Ltd - 1999-021
1999-021

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

Decisions
Shrapnell and Television New Zealand Ltd - 2000-073
2000-073

ComplaintOne News – footage of atrocities in Chechnya – disturbing and alarming – unsuitable for children FindingsStandard V16 – no warning – broadcaster did not demonstrate it was mindful of children – footage graphic and disturbing – uphold Decision No: 2000-033 distinguished ObservationStandard V12 – not cited – potential uphold No Order This headnote does not form part of the decision. Summary Footage of atrocities committed by the Russian army in Chechnya was broadcast on One News on TV One between 6. 00–7. 00pm on 25 February 2000. A body was seen being pushed off a truck, and another was shown being dragged by the heels behind a truck. There were also shots of more bodies being buried by soldiers. John Shrapnell complained to Television New Zealand Ltd, the broadcaster, that it was unacceptable to show graphic shots of such atrocities in the early evening....

Decisions
McCarthy and TV3 Network Services Ltd - 2004-056, 2004-057
2004-056–057

Complaints under s. 8(1)(a) of the Broadcasting Act 1989 The Mummy Returns – ­ PGR – promo ­ broadcast during Going Straight between 7. 30pm and 8. 30pm ­ – broadcast the following day at 6. 43pm during 3 News ­ – promo allegedly broadcast too early ­ – promo allegedly incorrectly classified Findings Standard 7 (appropriate classification) ­ – promo appropriately classified PGR ­ – not upheld Standard 7 (compliance with classification band) and Guideline 7b (i) Going Straight is PGR time ­ – not upheld (ii) 3 News (although itself unclassified) is in G time-band ­ PGR – promo did not comply with classification band ­ – upheld Standard 9 (children¹s interests) and Guideline 9a ­ broadcaster considered children¹s interests in rating promo PGR – ­ not upheld No Order This headnote does not form part of the decision....

Decisions
Browne and Television New Zealand Ltd - 2001-089
2001-089

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....

Decisions
Pauling and Television New Zealand Ltd - 2009-122
2009-122

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Island Wars promo – broadcast during America’s Funniest Home Videos – contestant said “ready to kick some New Zealand arse” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – tone was playful and light-hearted – G rating appropriate – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Island Wars, in which contestants from New Zealand and Australia competed against each other in a variety of challenges, was broadcast during America’s Funniest Home Videos between 4. 30pm and 5pm on Saturday 1 August 2009....

Decisions
Hutchins and Māori Television Service - 2006-099
2006-099

Complaint under section 8(1)(a) of the Broadcasting Act 1989Toi Whakaari – kapa haka group – action during haka in which man pulls back the head of a kneeling man and thrusts a weapon at the kneeling man’s body – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – kapa haka stylised, theatrical performance – unlikely to disturb or alarm children – not upheld This headnote does not form part of the decision. Broadcast [1] A secondary school kapa haka group performing a haka was shown on Toi Whakaari broadcast by Māori Television shortly before 6. 00pm on 22 August 2006. Toi Whakaari showcases Māori performing art and the haka included an action where one man with a taiaha (a spear) approaches a kneeling man from behind, pulls back his head and makes a gesture as if attacking the kneeling man....

Decisions
Couper-Wain and TVWorks Ltd - 2010-080
2010-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – contained footage of spiders and skeletal remains – broadcast during 3 News at approximately 6. 55pm – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – promo correctly classified G – not upheld Standard 9 (children’s interests) – promo correctly classified – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Bones was broadcast at approximately 6. 55pm on 25 April 2010 during 3 News on TV3. [2] Bones was a drama series about a forensic anthropologist called upon by the FBI to solve complex murder cases....

Decisions
Harang and Television New Zealand Ltd - 1998-107
1998-107

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-107 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

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