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Decisions
Weir and TV3 Network Services Ltd - 2001-032
2001-032

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

Decisions
Browne and Television New Zealand Ltd - 2001-089
2001-089

ComplaintBig Brother – offensive behaviour – nudity – immorality – inappropriate for broadcast at 6. 30pm – unsuitable for children FindingsStandard G2 – adult themes – unsuitable for G timeslot – uphold Standard G8 – G classification incorrect – uphold Standard G12 – broadcaster not mindful of effect of broadcast on children – uphold No Order (but recommendation for a written apology) This headnote does not form part of the decision. Summary Big Brother is a television series which features a group of people who are confined in a house in Australia and continuously monitored by cameras. It is broadcast on TV2 at 6. 30pm Tuesdays to Saturdays. On Monday's Big Brother is broadcast at 6. 00pm. For the first two weeks the series was screened, the programme was broadcast on Mondays at 6. 30pm....

Decisions
Bolot and Television New Zealand Ltd - 2010-149
2010-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on New Zealand protestor’s decision to travel to Gaza with his son as part of a humanitarian aid flotilla – commented on recent Israeli commando raid on another aid flotilla – allegedly in breach of standards relating to controversial issues, accuracy, fairness and responsible programming FindingsStandard 4 (controversial issues – viewpoints) – item focused on one man – no discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 8 (responsible programming) – Close Up was an unclassified current affairs programme – item would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
Ben and Dragicevich and Television New Zealand Ltd - 2010-128
2010-128

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Babel – young female movie character shown exposing her genitals at approximately 9. 01pm – allegedly in breach of good taste and decency, children's interests and responsible programming standards FindingsStandard 1 (good taste and decency) – genital nudity brief and indistinct – relevant to storyline – contextual factors – not upheld Standard 9 (children's interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – movie correctly classified AO – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Babel was broadcast on TV One at 8. 30pm on Saturday 14 August 2010. The film followed four seemingly unrelated stories about people living in different parts of the world that eventually intertwined and led back to a powerful gun bought by a Moroccan goat herder....

Decisions
Worsnop and TV Works Ltd - 2010-135
2010-135

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – promo broadcast during 3 News- showed one character asking another to "unbutton your shirt and your pants" – overweight male character shown standing naked in a fountain with his stomach covering his genitals – character shown in another scene bending over and having his bottom pinched by his female boss who said, "Yeah, this is going to work out just fine", after which a fart sound was heard and the woman said "excuse me" – allegedly in breach of good taste and decency, responsible programming and children’s interests FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – promo was good natured, did not contain adult themes, and was correctly classified – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision....

Decisions
Richardson and Television New Zealand Ltd - 2001-040, 2001-041
2001-040–041

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Decisions
Bush and The Radio Network Ltd - 2010-114
2010-114

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Larry Williams Drive Show – host interviewed director of the Middle East Forum about his concerns with the growing Muslim population in Europe – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards FindingsStandard 4 (controversial issues – viewpoints) – item focused on interviewee’s views – no discussion of a controversial issue of public importance – not upheld Standard 7 (discrimination and denigration) – comments conveyed interviewee’s personal opinion – no discrimination or denigration – not upheld Standard 5 (accuracy) – complainant did not specify any alleged inaccuracies or provide any evidence of inaccuracy – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – interview would not have alarmed or…...

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
Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137
1999-125–137

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Decisions
Binnie and 5 Others and TVWorks Ltd - 2010-097
2010-097

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about latest season of local drama series Outrageous Fortune – contained clips of sex scenes from the series – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – inclusion of sex scenes was gratuitous in a news item – warning did not excuse that level of sexual material – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers by including sexual material in a news item broadcast during children’s normally accepted viewing times – upheld Standard 8 (responsible programming) – guidelines relating to promos and advertisements not applicable to news item – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $4,000 costs to the Crown This headnote does not form part of the decision....

Decisions
Clarke and 4 Others and RadioWorks Ltd - 2010-068
2010-068

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Decisions
Barker and Television New Zealand Limited - 2000-033
2000-033

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....

Decisions
Hamilton and Television New Zealand Ltd - 2011-085
2011-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Packed to the Rafters – woman briefly put her hand down the front of her boyfriend’s pants, who jumped and exclaimed “You’ve got chilli on your hands! ” – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – scene was fleeting and playful – intended to be humorous rather than sexual – contextual factors – not upheld Standard 8 (responsible programming) – content was not unsuitable for supervised child viewers – promo correctly rated PGR and screened during Coronation Street – not upheld Standard 9 (children’s interests) – promo did not contain AO material and 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
Hooker and TV3 Network Services Ltd - 2002-120
2002-120

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Decisions
Casey and The Radio Network Ltd - 2003-053
2003-053

ComplaintRadio Sport – talkback discussion about New Zealand cricket team’s performance at the World Cup – caller suggested host was overly critical of the team – host’s response – abusive – unfair – sexist FindingsPrinciple 1 – subsumed Principle 5 – sports talkback is robust – no uphold Principle 7, Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] The New Zealand cricket team’s performance at the World Cup was discussed on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 15 March 2003 hosted by Doug Golightly. One woman caller suggested to the host that he was overly critical of the team. The host advised the caller to return to domestic duties....

Decisions
New Zealand Rugby Football Union Inc and Television New Zealand Ltd - 2001-005, 2001-006, 2001-007
2001-005–007

ComplaintOne News – 4, 5, 10 August – NZRFU receptionist advised caller of the availability of scalped tickets – receptionist described as a "go-between" and later as "at the centre" of the scam – covert recording of telephone conversation – inaccurate and unfair FindingsStandard G1 – not inaccurate – no uphold Standard G4 – not unfair to use covert call given public interest – no uphold; unfair not to broadcast full summary of covert call – uphold Standards G7, G13, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary Following up on information received, a TVNZ journalist, without identifying himself, telephoned the New Zealand Rugby Union (NZRFU) to ask about the availability of a ticket for a forthcoming test match. The call was recorded covertly....

Decisions
Swenson and Television New Zealand Ltd - 2002-160, 2002-161, 2002-162
2002-160–162

Complaint Coca-Cola Chart Show and Coca-Cola RTR Countdown – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Kiss Kiss, Hot in Herre and Are You In? were broadcast on TV2’s Coca-Cola RTR Countdown at 6. 00pm on 20 July 2002 and on the Coca-Cola Chart Show at 10. 00am on 21 July 2002. [2] Tina Swenson complained to Television New Zealand Ltd, the broadcaster, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Decisions
Children's Media Watch and TV3 Network Services Ltd and TV4 Network Ltd - 2002-110–114
2002-110–114

ComplaintPromos – Cyberzone – Angel – Star Hunter – Freakylinks – The Strip – nudity – undressing – scary faces – stripping – unsuitable for children – promos for AO programmes screened in G and PGR time bands FindingsStandard 1 – context including programme in which promo broadcast – no uphold in each case Standard 9 – adult themes and adult language in promo for The Strip broadcast in G time slot – uphold; other promos complied with PGR rating No Order This headnote does not form part of the decision. Summary [1] A promo for Cyberzone was broadcast during 7th Heaven screened on TV4 between 7. 30–8. 30pm on 10 April 2002. Promos for Angel, Star Hunter and Freakylinks were broadcast during 7th Heaven screened at the same time on 17 April. A promo for The Strip was broadcast during 3 News screened on TV3 between 6. 00–7....

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....