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Decisions
Mackenzie and Smith and Television New Zealand Ltd - 2004-167
2004-167

Complaints under section 8(1)(a) of the Broadcasting Act 1989Tomorrow La Scala! – Lexus Sunday Theatre – operetta company in maximum security prison using prisoners to rehearse and perform the musical “Sweeney Todd” – included scenes of male rape and consensual heterosexual intercourse, and use of word “fuck” – alleged excessive violence, alleged offensive behaviour and language, and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – not screened in children’s normal viewing time – not upheld Standard 10 (violence) and Guideline 10d – violence was graphic but acceptable given theme of play and care shown with detailed warning – not upheld Comment Authority to consult further on arguments for more explicit warnings This headnote does not form part of the decision. Broadcast [1] Tomorrow La Scala! was broadcast on TV One’s “Lexus Sunday Theatre” beginning at 8....

Decisions
Stranaghan and Television New Zealand Ltd - 2007-127
2007-127

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for Benidorm – showed a man being slapped in the face by two different women – allegedly in breach of law and order, children’s interests and violence standards Findings Standard 2 (law and order) – promo did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 10 (violence) – violence was slapstick humour – broadcaster exercised care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for three comedy programmes Bonkers, Benidorm and The Sunshine Girls was broadcast on TV One at 12. 27pm on Thursday 18 October 2007....

Decisions
Samuel and TVWorks Ltd - 2011-097
2011-097

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
Collier and Television New Zealand Ltd - 2010-123
2010-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast- host read out viewer feedback that contained joke referring to "Jesus Christ" – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and children's interests FindingsStandard 1 (good taste and decency) – "Jesus Christ" used to covey exclamation of light-hearted surprise – contextual factors – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 7 (discrimination and denigration) – not intended to encourage denigration of Christian people – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One at 6. 30am on Tuesday 23 March 2010. During the viewer feedback segment at 8....

Decisions
McLeod and Television New Zealand Ltd - 2004-087
2004-087

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fence Jumping – promo – documentary about gay men who “came out” when married – broadcast during One News beginning at 6. 00pm – allegedly offensive, inappropriately classified and unsuitable for childrenFindings Standard 1 and Guideline 1a (good taste and decency) – context – not upheld Standard 7 and Guideline 7b (classification) – appropriately classified as G – not upheld Standard 9 (children’s interests) – homosexuality dealt with in straightforward way which was suitable for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the documentary Fence Jumping was broadcast during One News at about 6. 30pm on Sunday 25 April 2004. The documentary was about men who, while married, realised that they were gay and how such men “came out”. The promo indicated the programme’s content....

Decisions
Painting and TV3 Network Services Ltd - 2000-040
2000-040

SummaryAn episode of British Sex was broadcast on TV3 at 9. 30pm on 28 October 1999. This series was publicised as a programme with a straight talking approach to all things sexual, which featuring "ordinary" people. Daphne Painting complained to TV3 Network Services Ltd, the broadcaster, that the programme was "a polluting intrusion and desecration of [her] home". She complained particularly about footage of a "body caster", who modelled body parts, including genitalia, which she described as "reprehensible in the extreme". She also stated her opinion that the programme’s effect on children would be to "corrupt" them. TV3 responded that British Sex was AO rated, screened an hour after the AO watershed, and was preceded by a written and verbal warning. It did not consider that the "body caster" segment was unacceptable in that context, commenting that the castings were non-sexual, and were neither lewd nor degrading....

Decisions
Harang and Television New Zealand Ltd - 2007-097
2007-097

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed footage of female strippers dancing in a strip club – 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) – majority – broadcaster was sufficiently mindful of the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 21 August 2007, reported on the controversy in Australia following an admission by an Australian politician that he had visited a strip club while in New York. The reporter then questioned several New Zealand MPs about whether they had ever been to a strip club....

Decisions
Harang and Television New Zealand Ltd - 2000-047
2000-047

Complaint One News – offensive behaviour – scantily-clad woman – unsuitable for children FindingsStandard G2 – brief footage – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary A charity hair dressing event was the subject of an item on One News broadcast on TV One on 6 February. The item included a brief shot of a woman dancer who was one of the entertainers at the event. Kristian Harang complained to Television New Zealand Ltd that it was offensive to show the scantily-clad woman’s "naked backside" in prime family viewing time. He considered that many children watching would have been led to believe it was normal to be naked in public. In its response, TVNZ pointed out that the woman was not naked but was wearing a thong....

Decisions
Watts and Television New Zealand Ltd - 2005-029
2005-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – visit to Wellington by Prince Charles – two topless women protesters shown – allegedly in breach of good taste and decency and children’s interestsFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 8 March 2005 reported on the visit to Wellington by Prince Charles. The item included a public function which had been disrupted by two women protesters, both of whom were topless. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had not maintained standards consistent with the observance of good taste and decency or children’s interests....

Decisions
Christian Heritage Party, Woodham and Hille and TV3 Network Services Ltd - 2000-087, 2000-88, 2000-089, 2000-090
2000-087–090

ComplaintQueer as Folk – offensive behaviour – homosexuality – paedophilia – offensive language – fuck – blasphemy – God – Jesus Christ; unbalanced – unlawful acts portrayed FindingsStandard G2 – AO time – series challenging – community divided – no uphold Standard G5 – did not condone illegality – no uphold Standard G6 – not relevant Standard G12 – not relevant Standard G13 – no denigration – no uphold This headnote does not form part of the decision. Summary Episodes of Queer as Folk were broadcast on TV4 on 8 and 15 March 2000 beginning at 9. 30pm. The 8 March episode showed simulated sex between an adult male and a 15-year-old male, and the 15 March episode included a story line which referred to homosexual activity with the same young man....

Decisions
Gale and Television New Zealand Ltd - 1997-064
1997-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-064 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD GALE of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Stanton and Television New Zealand Ltd - 1998-097
1998-097

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton 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....

Decisions
Malone & Sadd and Television New Zealand Ltd - 2014-155
2014-155

Summary[This summary does not form part of the decision. ]An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship match, in which he was kicked and punched repeatedly in the head. The Authority declined to uphold two complaints that the footage was excessively violent because the level of physicality was not unexpected and acceptable in the context of a sport news story covering a fight. Not Upheld: Good Taste and Decency, Responsible Programming, Children's Interests, ViolenceIntroduction[1] An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship (UFC) match, in which he was kicked and punched repeatedly in the head until the referee stopped the fight....

Decisions
Smits and Television New Zealand Ltd - 1996-012
1996-012

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-012 Dated the 8th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Dodds and MediaWorks TV Ltd - 2015-006
2015-006

Summary [This summary does not form part of the decision. ] A 3 News update, broadcast during the PGR-rated movie Night at the Museum 2, featured security footage of a man who walked into a petrol station with a metal rod lodged in his head. The Authority did not uphold a complaint that the update screened graphic and disturbing violent footage, without a warning, which would have upset children. This was a newsworthy story and the footage was relatively inexplicit. It was reasonable to expect that child viewers would have been supervised by adults, given the movie was rated PGR, and children were unlikely to be unduly alarmed or disturbed in this context. Not Upheld: Children's Interests Introduction [1] A 3 News update, broadcast at 7....

Decisions
New and Television New Zealand Ltd - 2004-005
2004-005

ComplaintFair Go – “Fair Go Ad Awards” – presenter lampooned margarine advertisement – sexual suggestions allegedly offensive and unsuitable for childrenFindings Standard 1 – sexual innuendo oblique and inexplicit – comedy – not upheld Standard 9 – not unsuitable for children in context – not upheld This headnote does not form part of the Decision Summary [1] The annual “Fair Go Ad Awards” included a segment during which the presenter lampooned an advertisement for margarine, which had been nominated for “worst ad”. The episode of Fair Go was broadcast on TV One at 7. 30pm on 15 October 2003. [2] Geoff New complained to Television New Zealand Ltd, the broadcaster, that the parodies contained sexually suggestive material which breached standards of good taste and decency and was unsuitable for children. [3] In response, TVNZ disagreed that the programme breached broadcasting standards....

Decisions
Grant and Television New Zealand Ltd - 2006-129
2006-129

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – repeat episode at 7am on a Sunday morning – reported controversy over recent photographs in Pavement magazine – showed photographs of topless 19-year-old girl – allegedly in breach of children’s interests. FindingsStandard 9 (children’s interests) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat episode of the current affairs programme Sunday was broadcast on TV One at 7am on Sunday 29 October 2006. One item reported controversy over a recent magazine spread in Pavement magazine, which some people argued contained sexualised images of girls as young as 11 years of age. The programme featured photographs from the magazine, including several shots of a topless 19-year-old girl, and showed advertisements with models adopting suggestive poses....

Decisions
Calcinai and Adams and Television New Zealand Ltd - 2005-051
2005-051

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News and Tonight – allegations of gang-related bullying at Taradale High School – item reported that petition given to school board by students – reported that petition was against bullying and sought to have students responsible removed – One News referred to troublemaking students as “Black Power bullies” – Tonight referred to them as “Black Power babies” – allegedly in breach of standards relating to balance, accuracy, fairness and children’s interestsFindingsMr Calcinai’s complaintStandard 5 (accuracy) – item implied that Board of Trustees took no action until presented with students’ petition – inaccurate – petition did not request board to remove students referred to as “Black Power babies” – inaccurate – situation described as “bullying” – was in fact two conflicting parties – not made clear in item – inaccurate – upheld Standard 6 (fairness) – unfair to school’s reputation to suggest gang-related…...

Decisions
Richardson and Television New Zealand Ltd - 2001-040, 2001-041
2001-040–041

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....

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

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....

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