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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-023 Decision No: 1996-024 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CHRISTIAN HERITAGE PARTY and MICHAEL GIBSON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 135/95 Dated the 30th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOCIETY FOR THE PROTECTION OF THE UNBORN CHILD (Kapi-Mana) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Summary A news item on One Network News featured a New Zealand make-up artist, who specialised in painting naked bodies in all-over body paint. She was shown painting a female model for an assignment. An outline of the model’s breasts could be seen through the body paint. The item was broadcast on TV One on 26 April 1999, commencing at 6. 00 pm. Kristian Harang complained to Television New Zealand Limited, the broadcaster, that it was offensive to show a naked woman’s breast, and the item would give young people the impression that it was okay to be half naked in public. TVNZ said that the item was not prurient, it was discreetly shot and cleverly demonstrated how the body-painting process provided an effective covering for the model. It declined to uphold the complaint....

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Summary [This summary does not form part of the decision. ]A One News item reported on a new prenatal test for Down Syndrome. The Authority did not uphold the complaint that the item discriminated against people with Down Syndrome and was unbalanced because it did not show a situation where identifying a baby with Down Syndrome was viewed positively. Comments suggesting that a low probability of having a baby with Down Syndrome was ‘good news’ were clearly the personal opinions of the interviewees and were not endorsed by the programme. The item itself made no judgement about the test or the outcome of testing in terms of whether a foetus diagnosed as having Down Syndrome was a good or a bad thing. The item was squarely focused on the benefits of the new test in that it was more accurate, and less invasive than other procedures....

ComplaintPromo – 60 Minutes – "pissed off" – offensive language – incorrect classification – broadcaster not mindful of the effects of broadcast on children – broadcaster not mindful of explicit material in promo FindingsStandard G2 – context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for 60 Minutes was broadcast on TV One at 6. 50pm on 10 November 2001. The promo was for an item on Dean Barker, New Zealand’s America’s Cup skipper. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about Mr Barker’s use in the promo of the phrase "pissed off". [3] TVNZ declined to uphold the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Four Weddings – reality series broadcast at 2pm included nude wedding where all of the guests were naked – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – content suitable for PGR programme – contextual factors – not upheld Standard 9 (children’s interests) – nudity not in itself harmful to children – content not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] An episode of a reality series Four Weddings, in which four brides evaluate each other’s weddings and compete for a honeymoon prize, was broadcast at 2pm on TV One on 26 December 2011....

Complaint Mercy Peak – sexual scenes – offensive – indecent themes – broadcaster not mindful of the impact on teenage viewers FindingsStandard 1 – contextual matters – no upholdStandard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Mercy Peak is a New Zealand drama series. An episode broadcast on TV One at 8. 35pm on Wednesday 25 September 2002 included a sex scene between two characters who were portrayed as having an affair. [2] Anne Shearer complained to Television New Zealand Ltd, the broadcaster, that the sex scene shown and the story-line were offensive. In her view, TVNZ had been irresponsible because it had failed to consider the impact of such themes on teenage viewers. [3] When the broadcaster failed to respond to her formal complaint, Ms Shearer referred it to the Broadcasting Standards Authority under s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promos for Nothing Trivial – broadcast during Emmerdale – contained comments, “one guy who’s in serious need of a root” and, “when your husband can’t keep his dick in his pants” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – Emmerdale aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Emmerdale – not upheld This headnote does not form part of the decision. Broadcasts [1] Two promos for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, were broadcast on 1 and 5 July 2011 on TV One between 12. 30pm and 1. 30pm, during Emmerdale which was rated PGR....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eyes Wide Shut – movie contained group sex scenes, coarse language, violence and drug use – allegedly in breach of children’s interests Findings Standard 9 (children’s interests) – film should have been classified AO 9. 30pm – broadcaster did not adequately consider the interests of child viewers – upheld No Order This headnote does not form part of the decision. Broadcast [1] The movie Eyes Wide Shut was broadcast on TV One at 8. 30pm on Saturday 1 March 2008. The film was about Bill and Alice Harford, a wealthy professional couple living in Manhattan. [2] The movie began with Bill and Alice attending a Christmas party thrown by a wealthy attorney named Victor Ziegler. During the scene, which was broadcast at approximately 8. 43pm, Bill was called into Ziegler's private bathroom....

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....

Complaint under section 8(1C) of the Broadcasting Act 1989Underbelly: Razor – sex scene broadcast at 8. 42pm – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sex scene amounted to “strong adult material” broadcast close to the Adults Only watershed – broadcaster did not adequately consider children’s interests – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Underbelly: Razor was broadcast on TV3 at 8. 30pm on 30 November 2011. At 8. 42pm, a sex scene was shown, in which a woman was on top of a man in bed. Her breasts were briefly visible, and she could be heard moaning. [2] The episode was preceded by the following visual and verbal warning: This programme is rated Adults Only and is recommended for a mature audience....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-110 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN MOIR of Dunedin TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...