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Complaint under section 8(1B)(b)(i) and (ii) of the Broadcasting Act 1989Te Ahi Kaa – discussed post-earthquake relief efforts in Christchurch – included audio extract from a previous news bulletin reporting on the earthquake – allegedly in breach of accuracy and responsible programming standards – broadcaster upheld complaint under responsible programming standard – action taken allegedly insufficient FindingsStandard 8 (responsible programming) – action taken by the broadcaster was sufficient – not upheld Standard 5 (accuracy) – use of audio extract not inaccurate or misleading when considered in context – not upheld This headnote does not form part of the decision. Broadcast [1] Te Ahi Kaa, a programme broadcast on Radio New Zealand National on Monday 14 March 2011 just after the 1am news bulletin, discussed some of the post-earthquake relief efforts in Christchurch....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item discussing copyright in photos – featured a woman who believed a photo she took had been posted on the internet as belonging to someone else – stated that American photographer claimed to have taken the photo – allegedly in breach of privacy, accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy) – item was misleading in conveying that the woman owned the photo and that Mr Bush had “stolen” it and was claiming it as his own – upheld Standard 6 (fairness) – item unfair in implying that the complainant did not own the photo – upheld Standard 3 (privacy) – complainant sufficiently identifiable from website details – but website and photo in the public domain – no private facts disclosed – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld OrdersSection 16(4) – costs to the Crown $1,000 This…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men and Scrubs promo – male character in Scrubs promo stated "I don’t like doing things I'm not good at", to which female character responded, "Yeah, that's why we don't have sex much" – male doctor in Scrubs promo talking to a female nurse said "My post-op is going in and out of consciousness. You know what I'd like to go in and out of?...

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

ComplaintMessiah 2: Vengeance is Mine – promo – programme to be broadcast at 8. 30pm – promo screened during Holmes before 7. 30pm – graphic – inappropriate time slot FindingsStandard 7 – classification appropriate – no uphold Standard 10 – appropriate discretion exercised regarding violence – no uphold This headnote does not form part of the decision. Summary [1] A promo for Messiah 2: Vengeance is Mine was broadcast on TV One at 7. 20pm on Friday 11 July 2003 during Holmes. The programme Messiah 2, rated AO, was to be screened at 8. 30pm on Sunday 13 July. [2] Annette Ward complained to Television New Zealand Ltd, the broadcaster, that the graphic and disturbing promo had been broadcast at an inappropriate time. [3] In response, TVNZ said that the promo contained no explicit violence and did not include the scenes which had justified the film’s AO rating....

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…...

ComplaintThe Edge – listeners asked to call station mid afternoon – hot topic – frequency of sex – reference to self pleasure and pain of some sexual experiences – offensive and inappropriate for children – recommended uphold by broadcaster as inappropriate for children – Principle 7 and guideline 7a – announcer spoken toFindingsPrinciple 1 – adult topic during children’s normal viewing times – context and Bill of Rights – no upholdPrinciple 7 guideline 7a – agree with broadcaster’s recommendation – uphold – no orderThis headnote does not form part of the decision. Summary[1] The frequency of sex was the "hot topic" for the listener phone-in programme broadcast by The Edge from 4. 05pm on 29 November 2001. One caller asked if the topic included self-pleasure, and another said frequent or long sexual encounters could be painful....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Kerre Woodham Talkback – host stated, in response to caller’s comment that having a disability was the result of “inbreeding”, “You fricken moron, I’d have cut you off if you hadn’t cut yourself off, you idiot…” – language used allegedly in breach of good taste and decency and responsible programming standards FindingsStandard 1 (good taste and decency) and Standard 8 (responsible programming) – host said “fricken moron” not “fuckin’ moron” as alleged – comment broadcast after 9pm during talkback programme targeted at adults – comment would not have surprised or offended most listeners and its broadcast in this context was not socially irresponsible – not upheld This headnote does not form part of the decision. Introduction [1] Kerre Woodham Talkback was broadcast on Tuesday 12 June 2012 from 7pm to midnight on Newstalk ZB. At approximately 9....

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…...

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Summary"You and me baby, we ain’t nothing but mammals, so let’s do it like they do on the Discovery Channel" is a line from a song by The Bloodhound Gang played on 91 ZM on 20 November 1999 at 7. 45am. Vaughan and Diane Barrow complained to The Radio Network Ltd, the broadcaster, that the lyrics of the song breached current norms of decency and good taste, were harmful to children, and transgressed broadcasters’ obligation to be socially responsible. The Radio Network considered the complaint only under the good taste standard and, noting that the song contained innuendo and double entendres, argued that such content was nevertheless the norm for music targeted at youth. It noted that the song had had heavy airplay for at least three months and that it had received no other complaint about its content. It declined to uphold the complaint....

Summary [This summary does not form part of the decision. ] Two teams of comedians on 7 Days made comments about the complainant, a Christchurch City Council candidate who had been in the news for exposing people who visited an illegal brothel. The Authority did not uphold the complaint that this was unfair. The complainant willingly put himself in the public eye, and it was reasonable to expect scrutiny. The comedy genre of the programme, and the tone of the comments, indicated this was not intended as a personal attack on the complainant, or to be informative, but was purely for the purpose of entertainment and humour, so potential harm to the complainant was minimal....

Download a PDF of Decision No. 1991-035:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1991-035 PDF313. 12 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – item told the story of a New Zealander who murdered his girlfriend in Sydney in 1987 – included footage of complainant’s house and incorrectly implied that it was where the murder took place – allegedly in breach of privacy, accuracy, fairness, and responsible programming standards FindingsStandard 3 (privacy) – complainant not identifiable through footage of her house – not upheld Standard 5 (accuracy) – while the footage and implication the house was the scene of a murder were inaccurate, this was immaterial to the focus of the item so viewers would not have been misled in any significant respect – not upheld Standard 6 (fairness) – complainant did not take part and was not referred to in the item – standard not applicable – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989APNA 990 – allegedly broadcast statement that eight Fijian nationals had died in Christchurch earthquake – allegedly in breach of good taste and decency, accuracy, and responsible programming standards FindingsStandard 5 (accuracy) – not news, current affairs or factual programming – clearly caller’s opinion rather than statement of fact – Apna broadcast a follow-up statement – not upheld Standard 8 (responsible programming) – caller’s comment was opinion – listeners should have been aware that Apna is a small-scale community radio station and could have sought up-to-date information about the earthquake from larger media outlets – not upheld Standard 1 (good taste and decency) – standard not applicable – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-135 Decision No: 1996-136 Dated the 24th day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CHILDREN�S MEDIA WATCH and G A SPARKS of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...