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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-043 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-146 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by ROBERT GREEN of Feilding Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included footage of rugby player mouthing the words “fucking bullshit” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – language inaudible which reduced its potential to offend – contextual factors – not upheld Standard 9 (children’s interests) – language would have bypassed most children as they would have to have been actively watching to understand what was said – news not targeted at, nor likely to appeal to, children – not upheld This headnote does not form part of the decision. Introduction [1] An item on One News, broadcast at 6pm on TV One on 28 April 2012, reported on the fate of the Auckland Blues rugby team following their eighth successive loss....

Complaint American Beauty – film - numerous sexual references – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guideline 9c – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] The film American Beauty was screened on TV2 at 8. 30pm on Sunday 10 November 2002. The film is about a bored middle-aged man who becomes "love-struck" with one of his daughter’s friends. His fantasies lead him to turn his life upside down. [2] Murray Baylis complained to Television New Zealand Ltd, the broadcaster, that the sexual references and sexual messages in the film would be offensive to many New Zealanders, especially to people aged 12 – 16 years....

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....

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Simpsons – Halloween episode called "Treehouse of Horror XV" – broadcast at 7pm – allegedly in breach of good taste and decency, children's interests, and programme classification standards FindingsStandard 1 (good taste and decency) – subsumed under Standard 9 Standard 7 (programme classification) – appropriately classified PGR – not upheld Standard 9 (children's interests) – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A Halloween episode of The Simpsons called "Treehouse of Horror XV" was broadcast on TV3 at 7pm on Tuesday 16 January 2007. The episode contained three stories. The first, "The Ned Zone", involved the character Ned Flanders being hit by a bowling ball and thereafter being able to see how people would die....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that two sex scenes in Nip/Tuck were too explicit for free-to-air television and breached standards of good taste and decency. One of the scenes included a threesome involving one of the lead characters. The viewer also complained about the use of offensive language during another scene in which a "phone sex artist" discussed throat surgery with her doctor. The Broadcaster’s ResponseTVNZ argued that the scenes were acceptable in the context of an AO-rated programme screening at 9. 30pm with a warning for adult sexual material. The broadcaster said the sex scenes were important to the development of the storyline, did not contain any explicit nudity, and were not pornographic. The Authority’s DecisionAs well as the contextual factors noted above (the programme's AO classification, the warning about sexual content, the 9....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comment included a statement that the Green Party was the party of square dancers – complainant objected to square dancers being associated with the Green Party – allegedly in breach of good taste and decency and denigrated square dancersFindingsPrinciple 1 (good taste and decency) – standard not relevant to complaint – not upheld Principle 7 and guideline 7a (denigration) – square dancers not a “section of the community” to which the guideline applies – not upheldThis headnote does not form part of the decision. Broadcast [1] On 6 June 2006 at approximately 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon series – contained sexual references – 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) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy cartoon Futurama was broadcast on C4 at 7pm on Wednesday 27 May 2009. The show revolved around the main character Fry, who was cryogenically frozen in 1999 and then thawed 1,000 years later. The episode began with a flashback to New York in 1999 and showed Fry delivering a pizza to the local television station, which was showing a fictional programme called Single Female Lawyer....

ComplaintFilm – Albino Alligator – repeated and overwhelming use of fuck and motherfucker – offensive language FindingsStandard G2 – overwhelming and repetitive use of fuck and motherfucker was gratuitous – uphold No Order This headnote does not form part of the decision. Summary [1] The film Albino Alligator was broadcast on TV4 on 28 June 2001 beginning at 9. 30pm. It was a police drama involving a robbery and a hostage taking. [2] Owen Blackburn complained to TV3 Network Services Ltd, the broadcaster, that the repeated use of the "f" word in the scene when a reporter interviewed a police officer, was unnecessary. [3] In response, TV3 said that film was rated AO, and preceded by a written and verbal warning. Moreover, 56 cuts had been made by TV4’s appraiser because of the language, and screening was prohibited before 9. 30pm....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

The Authority did not uphold a complaint that the usage of the word ‘root’ in a Seven Sharp item breached the good taste and decency and children’s interests standards. The Authority took into account the relevant contextual factors including the nature of the discussion, the nature of the programme and the audience expectations of the programme. The Authority did not consider that the use of the word threatened community norms of good taste and decency, or that any potential harm justified restricting the right to freedom of expression. Not Upheld: Good Taste and Decency, Children’s Interests...

Summary[This summary does not form part of the decision. ]During the course of a panel discussion on Paul Henry about cruise ships, the participants briefly talked about penis enlargement. The Authority did not uphold a complaint that this discussion was ‘vulgar’ and inappropriate for a time when children could be watching television. Paul Henry is aimed at adult viewers and the conversation, which was brief and inexplicit, did not go beyond audience expectations of the programme and its presenters. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] During the course of a panel discussion on Paul Henry about cruise ships the participants briefly talked about penis enlargement. [2] Jasmine Perrett complained that this discussion was ‘vulgar’ and inappropriate for television, especially at a time when children could be watching....

The Authority declined to determine three complaints as they did not raise clear concerns capable of being addressed by the complaints process. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

The Authority has not upheld a complaint about a question during a social welfare debate on Morning Report suggesting an ACT Party policy ‘smacks of eugenics’. In the context it was not outside audience expectations for Morning Report and political debate. It would not have caused widespread offence. The complaint did not raise any issues under the balance standard. The question was comment and analysis, to which the accuracy standard does not apply. Ms McKee and the ACT Party were treated fairly in the context of the debate. Not Upheld: Good Taste and Decency, Balance, Accuracy, Fairness...