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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-117 Dated the 19th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HEATHER HOWARD of Upper Hutt Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covering the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court describing his attack – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – viewers would not have expected the level of explicit detail provided – item required a warning – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 13 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott. The presenters introduced the item by saying: The university tutor who killed his former student and girlfriend has given his version of what happened in her bedroom that day....

Summary Storylines which ran through five episodes of Shortland Street broadcast at 7. 00pm during the week 31 August to 4 September 1998, concerned the intimate relationships of three sets of characters. The first storyline featured the relationship between a 17 year old female and a 28 old male, the second portrayed a male character who was painting a nude portrait of his partner, and the third concerned a male character who manipulated a young woman with whom he wished to have sex. Ms Barker complained to Television New Zealand Ltd, the broadcaster, that the storylines were offensive because they portrayed sex outside marriage as acceptable, and failed to examine the damaging consequences of such behaviour. She considered that the programmes’ PGR classification and 7. 00pm timeslot were inappropriate, as many younger children could still be viewing at that time....

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed a five-week, outdoor ‘life skills’ camp held for high school students on Great Barrier Island. Footage of a sheep being restrained to be killed for food, the sheep’s dead body and blood, and the gutting of the sheep was shown. The Authority did not uphold a complaint that the killing of the sheep was ‘brutal’ and unacceptable for broadcast. While the footage was graphic and would not have appealed to all viewers, it was adequately signposted during the item, which enabled viewers to exercise discretion and decide whether to continue watching. The actual killing of the sheep was not shown, and the footage appeared to show standard, accepted practices of killing animals for food in New Zealand....

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

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 –…...

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Download a PDF of Decision No. 1993-108–110:Society for the Protection of the Unborn Child Inc, Armstrong and daughters and TV3 Network Services Ltd - 1993-108–110719. 35 KB...

Download a PDF of Decision No. 1992-040:Ross and Television New Zealand Ltd - 1992-040 PDF441. 51 KB...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on a Labour MP using his ministerial credit card to purchase pornographic films while staying at hotels – presenter mentioned that people had been making suggestions on the website Twitter about possible titles of the films, including “Bipartisan Bitches” – allegedly in breach of good taste and decency, responsible programming and children’s interests FindingsStandard 1 (good taste and decency) – remarks light-hearted attempt at humour – contextual factors – not upheld Standard 9 (children’s interests) – sexual innuendo was too sophisticated for children to understand – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – report on a terrorist threat in America in run-up to Presidential election – presenter joked that the country was facing a nightmare other than the prospect of George W Bush being re-elected – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – comment clearly a joke – no breach of good taste and decency – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on 13 July 2004 on TV3 at 6pm reported on a terrorist threat in America in the run-up to the Presidential election. The presenter (John Campbell) said: The United States is suddenly confronting the prospect of a nightmare – no, not George W [Bush] being re-elected – but the election itself having to be cancelled....

The Authority did not uphold a complaint about a promo for Love Island Australia, which was available to view online on ThreeNow. The promo depicted the programme host, Sophie Monk and two others as angels sitting in the clouds. The ‘god of love’, a heart-shaped cloud in the sky, called down to Sophie saying, ‘we need more love’. Sophie responded that she had ‘the perfect place for falling in love… a love island’, in response to which the ‘god of love’ asked, ‘and what about hot bods? ’ The complainant found the promo offensive as he considered it mocked Christianity and Christian beliefs....

Summary[This summary does not form part of the decision. ]The music videos for ‘Starboy’ by The Weeknd and ‘Sexual’ by Neiked were screened between 9pm and 10pm on MTV’s Top 20 Hits. The introduction to the music video for ‘Starboy’ featured singer The Weeknd being suffocated to death with a plastic bag. The music video for ‘Sexual’ featured a variety of animated sexual imagery, including animals having sex and a girl lifting her shirt to expose her breasts. The Authority did not uphold a complaint that these videos were offensive and disturbing. It recognised that the content was challenging and understood the complainant’s concerns regarding the graphic content of such music videos and their impact on young audiences. However, the videos were classified 16C and broadcast between 9pm and 10pm on a Sunday evening, and the programme featured an audience advisory for content....

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the outbreak of a cattle disease on a farm in South Canterbury. The item featured an interview with a farmer who used the expression ‘for Christ’s sake’. The Authority did not uphold a complaint that this expression was offensive and unacceptable to broadcast during children’s normally accepted viewing times. The Authority found there was public interest and high value in hearing an authentic voice from a New Zealand farmer as part of the news report. The Authority also noted it has consistently found that variations of ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations, and in this case, the interviewed farmer used the phrase to express his frustration and strong support of the affected farm owner....

Warning: This decision contains coarse language that some readers may find offensiveSummary[This summary does not form part of the decision. ]The Broadcasting Standards Authority has not upheld a complaint that an episode of 7 Days, in which a panellist said an Australian Santa would say ‘G’day cunts’, breached the good taste and decency standard. The Authority acknowledged that the language was coarse and may have offended some viewers. However, taking into account relevant contextual factors including the nature of the programme, which is targeted at adults, audience expectations, the Adults Only classification, the warning for ‘bad’ language at the beginning of the programme, and the time of broadcast, the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....