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Hooker and TV3 Network Services Ltd - 2002-036
2002-036

ComplaintThe Waterboy promo – nudity – incorrect classification – broadcaster not mindful of effect of broadcast on children Findings Standard G2 –context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold; standard G22 – G rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for the movie The Waterboy was broadcast on TV3 on 19 October 2001 at 6. 40pm, during a broadcast of 3 News. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the promo showed one of the characters featured in the movie "pull[ing] down his trousers and exposing his buttocks". [3] TV3 declined to uphold the complaint....

Decisions
Rape Prevention Group Inc and The RadioWorks Ltd - 2000-003, 2000-004
2000-003–004

Summary The words "stick my hard dick up your butt" were reported by the complainant to have been used by an announcer on The Rock at around 10. 20pm on 20 July 1999. The complainant reported that the same announcer used the words "in between the legs" in the course of a discussion about an eclipse of the moon, during the evening of 28 July 1999. The Rape Prevention Group Inc. complained to The RadioWorks Ltd, the broadcaster, that it had breached Principles 1 and 7 of the Radio Code of Broadcasting Practice. The Rape Prevention Group maintained that the two comments were offensive and harmful to women. It said that being referred to as sex objects and "mere bodies" degraded women. The broadcaster responded that The Rock was targeted at a male audience aged between 18-39 years and that its style appealed to large numbers of that group....

Decisions
Sabine and The Radio Network Ltd - 2004-149
2004-149

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – The Justin du Fresne Show – joke arising from controversy over Prime Minister’s allegedly speeding motorcade. FindingsPrinciple 1 (Good taste and decency) – obvious attempt at humour – no bad language used – not personal attack on Prime Minister – not upheld Principle 7 (Social responsibility) – obvious attempt at humour – not upheld This headnote does not form part of the decision. Broadcast [1] On The Justin du Fresne Show, broadcast on Newstalk ZB on the morning of 19 July 2004, presenter Justin du Fresne told a joke arising from the earlier controversy over the Prime Minister’s allegedly speeding motorcade....

Decisions
Shearer and Television New Zealand Ltd - 2003-010
2003-010

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....

Decisions
Langford and Television New Zealand Ltd - 2001-101
2001-101

ComplaintTV2 Big Comedy Gala – offensive language – "fuck, shit, motherfucker" – religious skit – denigrated Christians FindingsStandard G2 – stand-up comedy – AO time – preceded by a warning – offensive language used infrequently – not inappropriate in context – no uphold Standard G13 – did not amount to denigration – no uphold This headnote does not form part of the decision. Summary The programme TV2 Big Comedy Gala, featuring stand-up comedians in a night club setting, was broadcast on TV2 at 10. 05pm on 19 May 2001. A M Langford complained to Television New Zealand Ltd, the broadcaster, that some of the language was very offensive, and one skit ridiculed the Christian faith. In reply, TVNZ acknowledged that the broadcast might not have been to everyone’s taste....

Decisions
Irvine and 95bFM - 1995-066
1995-066

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE IRVINE of Auckland Broadcaster 95 bFM Auckland University J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
Atkinson, Davies and Dove and TV3 Network Services Ltd - 1996-183, 1996-184, 1996-185
1996-183–185

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-183 Decision No: 1996-184 Decision No: 1996-185 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BOB ATKINSON of Nelson and EVAN DAVIES of Hamilton and MARIA DOVE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Lawrence and Television New Zealand Ltd - 2000-104
2000-104

ComplaintThe Sopranos – offensive language – fuck – suck your dick FindingsStandard G2 – AO – warning – language appropriate to characters – no uphold This headnote does not form part of the decision. Summary An episode of The Sopranos was broadcast on TV2 on 18 May beginning at 9. 30pm. The Sopranos is an award-winning series from the United States which focused on a mob family's involvement with organised crime. J Lex Lawrence complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He noted that he had been watching another channel and when he switched to TV2 he heard, in the space of about three minutes, the f word being used "at least 12 times". TVNZ said it could understand how a viewer unfamiliar with the series could easily be offended by the content. However, it noted, the programme had been broadcast at 9....

Decisions
Barker and Television New Zealand Ltd - 2000-194
2000-194

ComplaintNews item about magazine for divorced people – offensive behaviour – picture of nude couple having sex FindingsStandard G2 – not inappropriate subject matter – momentary image – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary Divorced people were providing a new market for entrepreneurs in the magazine industry, according to a news report on One News broadcast on 28 September 2000 at about 6. 20pm. Pages which were shown from a magazine included a picture of an apparently nude couple. Glenyss Barker, secretary of Viewers for Television Excellence (VOTE), complained to Television New Zealand Ltd, the broadcaster, about the picture, which she said showed a nude couple having sex. She said it was inappropriate for broadcast at a time when children would be watching television....

Decisions
Harrison and Television New Zealand Ltd - 2009-072
2009-072

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Erin Simpson Show – lyrics of song performed by New Zealand band on the show – allegedly in breach of good taste and decency and accuracy standards FindingsStandard 1 (good taste and decency) – lyrics were oblique – teenagers more likely to be watching than young children – acceptable in G programme – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – complainant did not identify any inaccurate statements – not likely to have alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Erin Simpson Show, a programme aimed at teenagers and containing a mixture of interviews, band performances, and information about the latest games, technology, TV and movies, was broadcast at 4. 30pm on TV2 on Tuesday 5 May....

Decisions
Fowles and Television New Zealand Ltd - 2009-143
2009-143

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Eyewitness: The Danielle Cable Story – movie contained coarse language including the word “fuck” – programme preceded by a warning for graphic violence, but not for coarse language – broadcaster agreed that the movie should have included a specific warning for coarse language – stated that it had instituted changes to ensure warnings were provided where appropriate – action taken allegedly insufficient FindingsStandard 1 (good taste and decency) – adequate explanation of why breach occurred given to complainant – action taken by the broadcaster was appropriate and sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Eyewitness: The Danielle Cable Story was broadcast on TV One at 8. 30pm on Sunday 27 September 2009. The movie contained coarse language which included the phrases “fuck off” and “fucking idiot”....

Decisions
Rogerson and TVWorks Ltd - 2008-057
2008-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item looked at trial of prison inmate charged with taking a female prison officer hostage and sexually assaulting her – showed Crown prosecutor telling the court that the inmate had shown the officer a note which referred to oral sex and had sniffed a sanitary disposal unit – 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 item on 3 News, broadcast on TV3 at 6pm on 12 May 2008, reported on the trial of a prison inmate who was facing five charges, including kidnapping and sexual assault, after taking a female prison officer hostage. The reporter stated that he had “barricaded the door and began to talk about sex and was visibly aroused”....

Decisions
Brown and The Radio Network Ltd - 2008-130
2008-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported on a court trial in which several people were accused of being involved in the death of a toddler – included details of the abuse suffered by the child – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the abuse were not gratuitous – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Newstalk ZB at 5pm on Tuesday 21 October 2008, reported on the High Court trial of several people in relation to the death of a toddler. The presenter began the report by stating: The Crown has today outlined the horrific abuse Rotorua pre-schooler Nia Glassie went through for months before her death....

Decisions
Denley and Television New Zealand Ltd - 2007-065
2007-065

Complaint under section 8(1)(a) of the Broadcasting Act 1989Shortland Street – contained a scene in which a character dreamed about a sexual encounter – 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) – programme was classified PGR – no nudity – broadcaster was mindful of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Shortland Street, broadcast at 7pm on 31 May 2007, a scene showed two of the main characters, Maia and Mark, involved in a sexual encounter. The scene contained head-and-shoulder shots of both characters apparently having sex. The scene ended eight seconds later with the character Maia waking up and realising that the sexual encounter with Mark was just a dream....

Decisions
Francis and Television New Zealand Ltd - 2004-068
2004-068

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – language – “fuck you” – allegedly offensive – warning requiredFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – warning not necessary – not upheld This headnote does not form part of the decision. Broadcast [1] Spooks is a BBC drama series built around the activities of a fictional counter-terrorism unit attached to MI5. MI5 is the government agency responsible for internal security. In an episode beginning at 9. 30pm broadcast on TV One on 24 February 2004, one character said to another “fuck you”. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that such language was offensive and the programme should have been preceded with a warning. Standards [3] TVNZ assessed the complaint under Standard 1 and Guidelines 1a and 1b of the Free-to-Air Television Code of Broadcasting Practice....

Decisions
Schwabe and Television New Zealand Ltd - 2000-057
2000-057

ComplaintOne World of Sport: Rugby Sevens – live broadcast during half-time break – "fuck"– offensive language FindingsStandard G2 – barely audible – emotionally charged sports broadcast – no uphold This headnote does not form part of the decision. Summary One World of Sport: Rugby Sevens was broadcast live on TV One from 7. 00pm until 9. 36pm on 5 February 2000. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that offensive language "containing the ‘f’ word" was broadcast in the half-time break of the final match, during filming of the New Zealand team’s half time huddle. Mr Schwabe said that it was irresponsible to broadcast from a live microphone in these and similar circumstances. TVNZ responded that, while there appeared to be strong language used, it was indistinct....

Decisions
Adams and 4 Others and Television New Zealand Ltd - 2010-143
2010-143

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Decisions
Dunlop and SKY Network Television Ltd - 2011-116
2011-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Prime Presents: The Grand Tour: Jeremy Wells and the NZSO – comments by presenter included references to sexual activity, nudity, and bodily functions – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – presenter was respectful overall towards the programme and the NZSO and helped to make it accessible to a wider audience – interviewees appeared comfortable with his style and entertained by him – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] A documentary titled The Grand Tour: Jeremy Wells and the NZSO, was broadcast on Prime at 8. 35pm on Sunday 31 July 2011. It followed the New Zealand Symphony Orchestra (NZSO) on a tour to China and around Europe....

Decisions
Lowry and Television New Zealand Ltd - 2012-118
2012-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Coronation Street – broadcast during Breakfast – contained brief image of a woman slapping a man’s face – allegedly in breach of good taste and decency, and children’s interests standards FindingsStandard 1 (good taste and decency) – shot of woman slapping a man’s face was very brief – Breakfast was unclassified and targeted at adults – promo unobjectionable in this context – not upheld Standard 9 (children’s interests) – Breakfast was aimed at adults and any children viewing were unlikely to be doing so unsupervised – promo would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Chaney and Television New Zealand Ltd - 2013-029
2013-029

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....

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