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Shepherd and TV3 Network Services Ltd - 1994-041
1994-041

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 41/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY SHEPHERD of Levin Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Watson and TV3 Network Services Ltd - 2001-210
2001-210

ComplaintComedy Season Promo – edited clips from nine comedy programmes – footage from Sex and the City unsuitable for broadcast during children’s programming – breach of good taste – broadcaster not mindful of children – explicit material unacceptable FindingsStandard G2 – promo did not breach currently accepted norms of good taste and decency – no uphold Standard G12 – not G material – broadcaster not mindful of promo’s effect on children – uphold Standard G24 – not "explicit material" as envisaged by the standard – no uphold No Order This headnote does not form part of the decision. Summary 1] TV3 promoted its Comedy Season with a montage of clips from various comedy programmes. The promo, which lasted 60 seconds, included clips from 3rd Rock from the Sun, Will and Grace and Sex and the City, edited together....

Decisions
Lewis and MediaWorks TV Ltd - 2017-069 (16 November 2017)
2017-069

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the shooting of two Israeli police officers at the Al-Aqsa Mosque in East Jerusalem. The segment featured footage of officers being chased and shot at, followed by footage of a man being surrounded and shot at, a blurred shot of a dead body on the ground and a body bag on a stretcher. The Authority upheld a complaint that the item breached the good taste and decency, children’s interests and violence standards. The Authority recognised the public interest in the item and that it reported on important and newsworthy events. However, the Authority considered the item should have been preceded by a warning for the potentially disturbing violent content, to enable viewers to make an informed viewing decision, and allow an opportunity to exercise discretion....

Decisions
Smith and 9 Others and The Radio Network Ltd - 2003-174–2003-183
2003-174–183

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Decisions
Paranjape and Radio New Zealand Ltd - 2010-069
2010-069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about Russia’s proposal to use a controlled nuclear explosion to contain an oil leak in the Gulf of Mexico – comment from expert from Auckland University – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – standard primarily concerned with sexual or violent material or coarse language – broadcast not likely to have offended listeners – not upheld Standard 7 (discrimination and denigration) – light-hearted discussion – insufficient invective to encourage discrimination against or denigration of Russians as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] At 4....

Decisions
Campbell and Television New Zealand Ltd - 2008-011
2008-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Line of Beauty – episode of programme about a young gay Oxford graduate included homosexual sex scenes – allegedly breached standards of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1] An episode of the drama Line of Beauty was broadcast at 11. 50pm on TV One on Sunday 28 October 2007. Line of Beauty followed a young, gay, middle class Oxford graduate Nick who was invited to live with a wealthy and politically powerful family in the 1980s. [2] This episode contained several sex scenes. In one scene, Nick watched as his boyfriend and another man appeared to engage in oral sex....

Decisions
Hodge and Television New Zealand Ltd - 2008-084
2008-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Place in Spain – man said “Jesus [bleep] Christ” during an argument – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of A Place in Spain was broadcast on TV One at 5pm on Wednesday 11 June 2008. The series followed Lee and Cheryl, a Welsh couple, on their dream of packing up their life in the United Kingdom and starting a snail farm in Spain. [2] At one point in the episode, Lee and Cheryl were shown in their new car having an argument about the directions being given by their satellite navigation system. During the argument, Lee said “Jesus [bleep] Christ” twice....

Decisions
Young and TVWorks Ltd - 2011-050
2011-050

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – montage of footage from earthquake and tsunami in Japan – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – montage showed poignant images depicting international news event – music accompanying the images did not glorify or detract from the disaster – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 15 March 2011, concluded with a montage of footage, accompanied by music, from the earthquake and tsunami that devastated Japan on 11 March. Complaint [2] Peter Young made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the “sequence of footage of the Japan tsunami in slow motion and accompanied by ethereal mood music” breached standards relating to good taste and decency....

Decisions
Exton and Television New Zealand Ltd - 2003-014
2003-014

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Decisions
Golden and Radio New Zealand Ltd - 2006-130
2006-130

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....

Decisions
Parker and Television New Zealand Ltd - 2007-105
2007-105

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....

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Decisions
Barrow and The Radio Network Ltd - 2000-020
2000-020

Summary"You and me baby, we ain’t nothing but mammals, so let’s do it like they do on the Discovery Channel" is a line from a song by The Bloodhound Gang played on 91 ZM on 20 November 1999 at 7. 45am. Vaughan and Diane Barrow complained to The Radio Network Ltd, the broadcaster, that the lyrics of the song breached current norms of decency and good taste, were harmful to children, and transgressed broadcasters’ obligation to be socially responsible. The Radio Network considered the complaint only under the good taste standard and, noting that the song contained innuendo and double entendres, argued that such content was nevertheless the norm for music targeted at youth. It noted that the song had had heavy airplay for at least three months and that it had received no other complaint about its content. It declined to uphold the complaint....

Decisions
Gillingham and TVWorks Ltd - 2012-053
2012-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on “strip club turf war” contained footage of a stripper wearing only a G-string and dancing erotically – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld the complaint under Standards 1 and 9 – action taken allegedly insufficient FindingsAction Taken: Standard 1 (good taste and decency) and Standard 9 (children’s interests) – action taken by broadcaster sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on Thursday 3 May 2012, reported on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Decisions
Irwin and Television New Zealand Ltd - 2013-037
2013-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Country Calendar – showed footage of young woman setting a leg-hold trap and moving behind a tree to kill a possum – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – footage was extremely brief and did not show anything graphic or gruesome as possum was killed off-screen – showed pest control as a normal part of rural life – acceptable in context – not upheld This headnote does not form part of the decision. Introduction [1] Country Calendar, an iconic New Zealand series about people living off the land in rural areas, showed footage of a young woman setting a leg-hold trap before moving behind a tree to kill a possum (the actual killing was not shown). The episode was broadcast on 6 April 2013 at 7pm on TV One....

Decisions
Broughton and Rikys and Television New Zealand Ltd - 2009-104
2009-104

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Decisions
Sorrell and Radio New Zealand Ltd - 1997-167
1997-167

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-167 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS SORRELL of Darfield Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Blackburn and TV3 Network Services Ltd - 1999-175
1999-175

Summary A repeat broadcast of an ICE TV programme was screened on TV3 on 17 July 1999, commencing at 9. 35am. ICE TV is a programme aimed at teenagers containing some humorous and informative material. O Blackburn complained to TV3 Network Services Limited, the broadcaster, that the programme contained language and nudity that was "unsuitable". TV3 responded that the programme was screened in PGR time and the nudity and language used were appropriate in that context. It contended that the nudity in the programme was not offensive. It said that the shots where the male presenters’ buttocks were visible were part of a comedic routine. It added that no genitalia or breasts were shown. As for the language, it stated it had "beeped" or removed words it considered offensive. TV3 declined to uphold the complaint....

Decisions
Turner and Television New Zealand Ltd - 1994-102
1994-102

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 102/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C R TURNER of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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