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Decisions
Brownlee and Radkhou and Television New Zealand Ltd - 2011-147
2011-147

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....

Decisions
Stroud and TVWorks Ltd - 2013-044
2013-044

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon contained sexual references and innuendo – allegedly in breach of children's interests and responsible programming standardsFindingsStandard 8 (responsible programming) and Standard 9 (children's interests) – episode contained sexual content that was not suitable for unsupervised child viewers and so incorrectly classified G – should have been classified PGR – broadcaster did not adequately consider children's interests when incorrectly classifying the episode and screening it in G time – upheld under both standards No Order This headnote does not form part of the decision. Introduction [1] An episode of Futurama, an animated cartoon series, contained sexual references and innuendo. The episode was classified G (General) and screened on FOUR at 6. 30pm on Friday 31 May 2013....

Decisions
Fletcher and Radio New Zealand Ltd - 2016-022 (27 June 2016)
2016-022

Summary[This summary does not form part of the decision. ]Worldwatch broadcast a three-part interview series with Hanan Ashrawi, a Palestinian legislator, described as ‘one of the most powerful women in the Middle East’ and ‘a forceful advocate for Palestinian self-determination and peace in the Middle East’. The Authority did not uphold a complaint alleging that the interviews amounted to support for terrorism, ‘[s]olely blame[d] Israel for all the Palestinian suffering’, and contained a number of inaccurate and misleading allegations about the Israel-Palestine conflict. The interviews did not contain several of the statements complained about, but were rather the complainant’s interpretation of what he considered Ms Ashrawi had implied. Other comments complained about were clearly Ms Ashwari’s opinion, to which the accuracy standard did not apply....

Decisions
Butcher and The RadioWorks Ltd - 2002-057
2002-057

ComplaintThe Edge – ring-in competition – how to deal with unwanted singing hamster – some callers’ suggestions violent and cruel – offensive – illegal – inappropriate for childrenFindingsPrinciple 1 – insufficient information about context – decline to determinePrinciple 2 and Principle 7, guideline b – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] Listeners to The Edge were invited to phone in and suggest ways of dealing with an unwanted singing hamster. The suggestions broadcast between 7. 50–8. 10am on 21 December 2001 involved various degrees of violence and cruelty. [2] Mr Butcher complained to The RadioWorks Ltd, the broadcaster, that the methods were offensive, illegal and inappropriate for broadcast during children’s normal listening times. [3] When the broadcaster failed to respond to his formal complaint, Mr Butcher referred it to the Broadcasting Standards Authority under s....

Decisions
Edwards and TV3 Network Services Ltd - 1993-052
1993-052

Download a PDF of Decision No. 1993-052:Edwards and TV3 Network Services Ltd - 1993-052 PDF263. 01 KB...

Decisions
Reid and Television New Zealand Ltd - 2011-091
2011-091

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News at Midday, One News at 4. 30pm, One News at 6pm, One News Tonight – items reported that a former senior manager at Rimutaka Prison had pleaded guilty to growing cannabis for supply to inmates – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – news items employed shorthand to describe Mr Reid’s case – based on summary of facts agreed to by the parties statements were not inaccurate or misleading – not upheld Standard 8 (responsible programming) – news programmes are unclassified – standard not applicable – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community – not upheld This headnote does not form part of the decision....

Decisions
Freeman and Television New Zealand Ltd - 2011-001
2011-001

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

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
Dulakiverata and National Pacific Radio Trust Inc - 2007-051
2007-051

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(b) of the Broadcasting Act 1989 Fijian Language Programme – interview with Adi Asenaca discussing the policies of the deposed SDL government – Ms Asenaca gave her views on the coup and the interim government – allegedly in breach of balance and social responsibility standards Findings No recording available – decline to determine complaint under s11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] An item broadcast on Niu FM during its Fijian Language Programme on 23 March 2007, contained an interview with former Fijian MP Adi Asenaca. [2] The interview focused on discussing several policies and laws introduced by the former Soqosoqo Duavata ni Lewenivanua (SDL) government in Fiji....

Decisions
Solanki and Television New Zealand Ltd - 2015-069 (1 December 2015)
2015-069

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

Decisions
Blanch and Shapiro and RadioWorks Ltd - 2012-072
2012-072

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed sentencing of ‘Urewera Four’ members – comparisons made with treatment of complainant who was discharged without conviction after being found guilty of similar charges – complainant phoned in to the programme and explained background to his case – hosts accused him of lying and called him a “psychopath” and “sociopath” and compared him to “Hannibal Lecter” – allegedly in breach of standards relating to privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – hosts’ use of the terms “psychopath” and “sociopath” and comparison with “Hannibal Lecter” amounted to personal abuse – Mr Shapiro unable to defend himself as phone call had ended – Mr Shapiro treated unfairly – upheld Standard 4 (controversial issues) – broad focus of the item was a controversial issue of public importance – however, item did not…...

Decisions
Larsen and SKY Network Television Ltd - 2014-153
2014-153

Summary[This summary does not form part of the decision. ]An episode of the murder mystery series Midsomer Murders depicted several murders, including a man being shot with a bow and arrow and a woman being shot with a gun. The Authority did not uphold the complaint that the murder scenes showed realistic violence likely to disturb children. The murder scenes were relatively innocuous in context and did not exceed the programme's PGR classification. Not Upheld: Responsible Programming, Children's InterestsIntroduction[1] An episode of the murder mystery series Midsomer Murders focused on conflicts between the beneficiaries of a will which resulted in several murders, including a man who was shot with a bow and arrow and a woman who was shot with a gun. [2] Beverley Larsen complained that the broadcast depicted 'several graphic murder scenes. . ....

Decisions
Sharp and TV3 Network Services Ltd - 1993-053
1993-053

Download a PDF of Decision No. 1993-053:Sharp and TV3 Network Services Ltd - 1993-053 PDF274. 67 KB...

Decisions
Archer and Pirate FM - 1996-026, 1996-027
1996-026–027

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Irwin and Television New Zealand Ltd - 2010-087
2010-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Decisions
Mason and TVWorks Ltd - 2011-058
2011-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on death of Osama Bin Laden – included image of bruised and bloodied face – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, children’s interests and violence FindingsStandard 1 (good taste and decency) – image related to major international event – clear warning given – contextual factors – not upheld Standard 10 (violence) – contextual factors – image preceded by prolonged and detailed warning – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – 3 News was an unclassified news programme targeted at adults – news often deals with unpleasant material – clear warning – broadcaster adequately considered children’s interests – not upheld Standard 8 (responsible programming) – 3 News was an unclassified news programme – standard not applicable – not…...

Decisions
Beiersdorf Australia Ltd and CanWest TVWorks Ltd - 2006-102
2006-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989Target – product check on sunscreens – noted that there was no standard for sunscreens in New Zealand – said only two of the five trial products advertised that they complied with the Australian standard – also stated that the recommended product was “tested to the official standard” – allegedly inaccurate, unfair and in breach of programme information standard FindingsStandard 5 (accuracy) – some ambiguity later in segment but, overall, viewers would not have been misled about the focus of the segment – not inaccurate or misleading – not upheld Standard 6 (fairness) – broadcaster not required to give complainant an opportunity to comment because item did not comment on effectiveness of product – not upheld Standard 8 (programme information) – subsumed under Standard 5 This headnote does not form part of the decision....

Decisions
Ensoll and The Radio Network of New Zealand Ltd - 1999-047
1999-047

SummaryA Millennium Baby Competition was the title of a promotion run by radio station 91ZM in Auckland. It focused on the first child to be born on 1 January 2000. Mr Ensoll complained to the broadcaster that the title of the promotion was incorrect as, he said, the next Millennium was due to begin on 1 January 2001. The Radio Network of New Zealand Ltd, as operators of 91ZM, declined to uphold the complaint on the basis the world intended to celebrate the new Millennium on 1 July 2000 regardless of the technical correctness of the date. Dissatisfied with The Radio Network's decision, Mr Ensoll referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Hayes and Television New Zealand Ltd - 2002-098
2002-098

Complaint Moving On – offensive language – "pissing out" – incorrect classification – unsuitable for children FindingsStandard 1 – context – no uphold Standard 7 – appropriate classification – no uphold Standard 9 – no uphold This headnote does not form part of the decision. Summary [1] Moving On was broadcast on TV2 at 7. 30pm on 25 April 2002. The programme followed the fortunes of people moving house. [2] Gordon Hayes complained to Television New Zealand Ltd, the broadcaster, about a sequence during which a man featured on the programme used the phrase "pissing out" to describe steam coming from his car’s engine. Mr Hayes said that the phrase was "crude language which should not be allowed in a G programme". [3] TVNZ declined to uphold the complaint....

Decisions
Bainimara and TV3 Network Services Ltd - 2001-042, 2001-043
2001-042–043

Complaint3 News – armed gunmen in Fiji – new uprising or old army exercise? – developing news or old footage? – inaccurate and misleading – caused tourists to cancel trips to Fiji FindingsStandard G1 – inaccurate description of event as "latest incident" – uphold Standards G2, G6, G11, G14, G15, G16, G21 – overall, items not unbalanced or misleading or causing unnecessary panic alarm or distress – no uphold No Order This headnote does not form part of the decision. Summary Footage of Fijian men firing automatic rifles inside an Indian school complex in Labasa on the Fiji island of Vanua Levu, was the subject of two separate news items broadcast on 3 News at 6pm. The first news item, broadcast on 29 November 2000, referred to the footage as "the latest incident" in a terror campaign against Indian villagers....

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