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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-025 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH (Hon Jenny Shipley) 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 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Summary The programme Police, broadcast weekly on TV2, depicts aspects of police work, including the apprehension of criminals. Episodes broadcast on 30 April and 14 May 1998 at 8. 00pm included angry exchanges where the word "fuck" and its derivatives were used on several occasions. Mr Werder complained to Television New Zealand Ltd, the broadcaster, that the language was offensive and should not have been broadcast at a time when children were watching television. In his view, the warning preceding the programmes was inadequate and did not absolve the broadcaster of its responsibility to be mindful of children. In its response, TVNZ pointed out that Police was a documentary about actual police work. It was all too common, it noted, that police encountered abusive people who gave vent to their feelings by using foul language....

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

Summary[This summary does not form part of the decision. ]Storytime featured a series of readings from the Margaret Mahy novel The Catalogue of the Universe. The Authority upheld a complaint that the young adult novel featured content unsuitable for younger listeners and should not have been broadcast during Storytime. The story featured teenage drinking and sexual activity which were not appropriate for child listeners and would not have been within audience expectations of this timeslot, which has long been understood to feature stories aimed at younger children. Upheld: Responsible ProgrammingNo OrderIntroduction[1] Storytime featured a reading of Margaret Mahy’s The Catalogue of the Universe, a young adult novel about the evolving relationship between two teenagers. [2] Don Campbell complained about the scheduling of a young adult novel in the Storytime segment, as he argued the novel featured sexual and other content that was unsuitable for younger listeners....

Complaint91ZM – Countdown – Drive Show – comments about bus rage on buses operated by Stagecoach in Auckland – presenter (Stables) advised passengers not to take out frustrations on bus drivers but to damage buses – some broadcasts from buses – passengers encouraged to dance (rage) – failure to maintain standards consistent with law and order – unsuitable for children – complaint under Principle 2 and Principle 7 and Guideline 7b upheld by broadcaster – agreed to broadcast apology and pay half complainant's costs – unable to agree on wording of apology FindingsAction taken insufficient OrderBroadcast of statement including the words "reckless, irresponsible and inappropriate" This headnote does not form part of the decision....

Download a PDF of Decision No. 1991-050:Wardlaw and Television New Zealand - 1991-050 PDF632. 24 KB...

Download a PDF of Decision No. 1992-038:Turner and Television New Zealand Ltd - 1992-038 PDF226. 84 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 59/94 Dated the 2nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EXCLUSIVE BRETHREN CHRISTIAN FELLOWSHIP Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Summary A One Network News item reporting on the situation in East Timor included three photographs which had been smuggled out of the territory. The photographs were said to depict the severed head of a man impaled on a stake, the body of a woman who it was alleged had been raped, and the body of a beheaded man being dragged along on a rope. The item was broadcast on TV One on 23 September 1999 commencing at 6. 00pm. Mrs Barker complained to Television New Zealand Limited, the broadcaster, that none of the photographs was fit for broadcast at that time of night. That was supposed to be a safe viewing time for young people, she wrote. She added that the photographs were "horrific", and that it was "totally irresponsible" and "totally inappropriate" to show them without any warning....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Coronation Street – scene contained two female characters kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests and controversial issues standards FindingsStandard 1 (good taste and decency) – kissing scene was brief and innocuous – not made less acceptable by the fact the kiss was between two women – content was consistent with the programme’s G rating and not unsuitable for children – contextual factors – not upheld Standard 8 (responsible programming) – programme was correctly rated G and screened in appropriate time-band – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld Standard 4 (controversial issues) – standard only applies to news, current affairs and factual programmes – Coronation Street was a fictional drama – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]During Canterbury Mornings with Chris Lynch, the host expressed frustration with the length of time it had taken police to decide whether to proceed with criminal investigations in relation to the collapse of the CTV building in the Christchurch earthquake. He said, ‘for Christ’s sake, police, you can do better than this’. The Authority did not uphold the complaint that the use of the word ‘Christ’ breached standards. The use of ‘Christ’ as an exclamation to express surprise or dismay has become an accepted part of colloquial speech and would not have offended most listeners. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During Canterbury Mornings with Chris Lynch, the host discussed the progress of an investigation into the collapse of the CTV building in the February 2012 Christchurch earthquake....

Summary[This summary does not form part of the decision. ]Mediawatch included an interview with a senior member of New Zealand's media community. The Authority declined to determine the complaint that the interviewee was 'corrupt' and therefore the interview constituted inaccurate, unfair and irresponsible broadcasting. The complainant has previously made a number of similar complaints which did not raise matters of broadcasting standards, and has been warned that further similar complaints would be unlikely to be determined in the future. Accordingly the Authority considered the complaint to be vexatious. Declined to Determine: Good Taste and Decency, Accuracy, Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] Mediawatch included an interview with a senior member of New Zealand's media community. [2] Mr Golden argued in essence that as Mediawatch 'implies it takes the behaviour of the news media seriously', the decision to interview someone who is 'corrupt' amounted to inaccurate, unfair and irresponsible broadcasting....

SummaryA repeat broadcast of the programme Who Dares Wins was broadcast on TV2 on 10 December 1998 at 7. 30pm. A Melbourne man responded to a dare to appear on stage with the male revue troupe Manpower. Ms Dawn Shelford of Rotorua complained to Television New Zealand Ltd, the broadcaster, on behalf of the group Preserving Communication Standards. In her view the broadcast was offensive, particularly during family viewing time. In its response, TVNZ noted that the programme complained about had been the subject of an earlier complaint to the Authority which had not been upheld. It advised that the arguments it advanced then remained valid. Dissatisfied with TVNZ’s decision, Ms Shelford referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint....

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

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