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Hooker and TV3 Network Services Ltd - 2002-120
2002-120

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Decisions
Schwabe and Television New Zealand Ltd - 2001-056
2001-056

ComplaintReel Life: The Lost Boys – documentary – language – fucking as adjective – "I’ll fucking kill everything" – offensive FindingsSection4(1)(a) – language helped viewers understanding of young man – other contextual factors – rating – time – warning – no uphold This headnote does not form part of the decision. Summary The documentary Reel Life: The Lost Boys looked at the Columbine High School shooting in Colorado in 1999. An actor read from the website of one of the assailants in which, among other matters, he referred to "fucking people" and said "I’ll fucking kill everything". The programme was broadcast on TV One at 9. 45pm on 2 March 2001. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the "f" word was offensive and its use in the documentary breached the standards....

Decisions
Binnie and 5 Others and TVWorks Ltd - 2010-097
2010-097

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about latest season of local drama series Outrageous Fortune – contained clips of sex scenes from the series – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – inclusion of sex scenes was gratuitous in a news item – warning did not excuse that level of sexual material – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers by including sexual material in a news item broadcast during children’s normally accepted viewing times – upheld Standard 8 (responsible programming) – guidelines relating to promos and advertisements not applicable to news item – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $4,000 costs to the Crown This headnote does not form part of the decision....

Decisions
Pieruschka and TVWorks Ltd - 2010-158
2010-158

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sons of Anarchy – fictional drama about outlaw motorcycle gang – allegedly in breach of good taste and decency and law and order standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – fictional adult drama did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sons of Anarchy was broadcast on TV3 at 9. 30pm on Wednesday 10 November 2010. The drama series revolved around the lives of members of a close-knit outlaw motorcycle gang, and their various rivals and associates....

Decisions
Bradstock and Māori Television - 2011-025
2011-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hunting Aotearoa – hunter said, “Fuck, wonder if I should shoot the cunt now” in reference to his dog – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – majority of viewers would not have expected that level of language in a hunting programme which did not carry a specific warning for language – research suggests that majority of viewers consider the word “cunt” unacceptable in the context of a reality television programme – upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of Hunting Aotearoa, a reality television programme about hunters, was broadcast on Māori Television at 9. 30pm on Thursday 24 February 2011. At approximately 9....

Decisions
AB and CD and Access Community Radio Inc - 2013-005
2013-005

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Decisions
Ranger and Radio New Zealand Ltd - 2012-080
2012-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989All Night Programme – reviewed book about events during World War II – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – review did not minimise the horror of the Holocaust or the events depicted in the novel – book presented as a historical fictional novel that was a blend of fact and fiction – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] During the All Night Programme, broadcast on Radio New Zealand National on 9 May 2012, a guest reviewed a book called “Himmler’s brain is called Heydrich”, written by Laurent Binet. The book is in the genre of historical novel where a fictional account is written around an historical event....

Decisions
McCormick and Television New Zealand Ltd - 2011-134
2011-134

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Real Life: The World’s Most Enhanced Woman and Me – promo for documentary about presenter’s search for woman with largest breast implants in the world – contained footage of a number of women with very large breasts – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – footage was relatively inexplicit and was not salacious – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] A promo for The World’s Most Enhanced Woman and Me, a documentary in which the programme presenter went in search of the woman with the largest breast implants in the world, was broadcast on TV One at 6....

Decisions
Simmons and Walker-Simmons and RadioWorks Ltd - 2012-004
2012-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

Decisions
Collier and TV3 Network Services Ltd - 1992-097
1992-097

Download a PDF of Decision No. 1992-097:Collier and TV3 Network Services Ltd - 1992-097 PDF266. 42 KB...

Decisions
Candy and TV3 Network Services Ltd - 2001-065
2001-065

ComplaintMost Wanted – music video – "Hey Boy Hey Girl" by The Chemical Brothers – depiction of two skeletons having sex – breach of good taste and decency – broadcaster not mindful of the effect of broadcast on young children FindingsStandard G2 – video acceptable in context for general audience – no uphold Standard G12 – unsuitable for children when broadcast at 9. 30am on Saturday morning – uphold No Order This headnote does not form part of the decision. Summary The music video "Hey Boy Hey Girl" by The Chemical Brothers, broadcast on TV3 during the programme Most Wanted at 9. 30am on 10 February 2001, depicted a young man and woman who morphed into skeletons and then back into humans. The skeletons appeared to be having sex....

Decisions
Atkinson and RadioWorks Ltd - 2011-011
2011-011

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Fletch and Vaughan Show – hosts discussed competition – asked winning team what they were going to draw on the faces of the losing team and one of the winners stated “Well on the forehead ‘Vote Team Two’ and on the side of the face a nice little penis just going into the mouth” – broadcaster upheld complaint under good taste and decency – action taken allegedly insufficient FindingsStandard 1 (good taste and decency) – action taken by broadcaster adequate considering the nature of the breach – not upheld This headnote does not form part of the decision. Broadcast [1] During the Fletch and Vaughan Show, broadcast on The Edge at 3pm on Thursday 9 December 2010, the hosts discussed a competition being run by the radio station....

Decisions
Jones and The Radio Network Ltd - 1999-027
1999-027

SummaryA dramatised story called "World City" was read by the breakfast programme host on Newstalk ZB on 3 December at about 7. 40am. It purported to portray two lovers, named Monica and Bill, and the script contained a number of implied sexual references. Mr Jones of Auckland complained to The Radio Network Ltd, the broadcaster, that the programme content breached the good taste standard, and was unsuitable for broadcast at a time when children could be listening to the radio. In his view, the script was close to being pornographic in its details. TRN responded that the segment complained about was not aimed at children, but was intended to be humorous and satirical. It noted that the station as a whole was aimed at an adult market. In its view, the sexual references were not offensive and would not have breached the standard....

Decisions
Cox and 3 Others and Television New Zealand Ltd - 2006-012
2006-012

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about Muslim outrage caused by cartoons first published in Denmark depicting the prophet Mohammed – item concluded with satirical depiction of Jesus Christ – allegedly in breach of good taste and decency, unbalanced and unfair in that it encouraged the denigration of ChristiansFindingsStandard 1 (good taste and decency) – context – not upheld Standard 4 (balance) – contrast in attitudes to freedom of speech about religious convictions is controversial issue of public importance – dealt with in balanced way in full item – not upheld Standard 6 (fairness) and guideline 6g (denigration) – lampooning of Christians did not amount to blackening of reputation – not upheld Standard 7 (programme classification) – news and current affairs not subject to classification system – warning was broadcast – not upheld Standard 9 (children’s interests) – warning included before current affairs item – not upheldThis headnote…...

Decisions
Henderson and CanWest TVWorks Ltd - 2004-173
2004-173

Sex and the City – two promos shown on TV3 – promo one showed marijuana use – broadcast at 1. 20pm on Saturday – promo two showed couple apparently engaged in sexual intercourse – broadcast at 1. 00pm on Friday – both allegedly breached standards relating to good taste and decency, maintenance of law and order, classification and children’s interests....

Decisions
Baylis and Television New Zealand Ltd - 2003-023
2003-023

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....

Decisions
Fabian and CanWest TVWorks Ltd - 2007-001
2007-001

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – 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) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

Decisions
Lawrence and Television New Zealand Ltd - 2007-132
2007-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989Benidorm – character made a comment about his wife’s vagina looking “like a pair of padded coat hangers” – 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 Benidorm was broadcast on TV One at 9. 30pm on 28 September 2007. The programme was a British comedy set in an all-inclusive package holiday resort inhabited by a range of different characters. Among them was a couple of middle-aged swingers, Donald and Jacqueline, who were prone to scaring people with inappropriate details of their lives....

Decisions
Thomas and TVWorks Ltd - 2009-081
2009-081

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video included segments of a toddler being frightened by people dressed up as monsters – child shown crying and distressed – allegedly in breach of good taste and decency, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – video unrealistic – contextual factors – not upheld Standard 9 (children’s interests) – music video broadcast at 11. 33pm – standard does not apply – not upheld Standard 10 (violence) – video did not contain any scenes of violence – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of the music video programme Blender, broadcast on C4 at 11. 30pm on 8 June 2009, a video for a song called “Kids” by the band MGMT was played....

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....

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