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Decisions
Reekie and Television New Zealand Ltd - 2009-111
2009-111

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

Decisions
McIlroy and Television New Zealand Ltd - 1998-167
1998-167

SummaryThe Sunday movie broadcast at 8. 30pm on TV2 on 20 September 1998 was Desperado. It starred Antonio Banderas and was classified by TVNZ as AO. Ms McIlroy complained to Television New Zealand Ltd, the broadcaster, that the broadcast of a grossly violent movie at that hour breached broadcasting standards. She contended that as the film contained sustained violence and included numerous scenes where people were killed, it breached the requirement to avoid portraying excessive violence. In addition she complained that as the star of the film was popular with young people, they would have been keen to watch it. TVNZ observed first that the film was classified as AO, which clearly indicated to viewers that it was intended for an adult audience. It was also preceded by a warning. Acknowledging that it contained a good deal of violence, TVNZ submitted that most of it verged on being farcical....

Decisions
Black and MediaWorks TV Ltd - 2015-037
2015-037

Summary [This summary does not form part of the decision. ] A promo for the movie No Strings Attached screened during The X Factor NZ which was rated G. The Authority upheld the complaint that explicit sexual references contained in the promo went beyond the boundaries of the G classification and consequently the broadcaster did not adequately consider the interests of younger viewers who were likely to be watching. Upheld: Responsible Programming, Children's Interests No Order Introduction [1] A promo for the movie No Strings Attached containing sexual references screened during The X Factor NZ, which was rated G. [2] Michael Black complained that the promo contained multiple visual and verbal sexual references, which were inappropriate for child viewers and inconsistent with the G classification of the host programme....

Decisions
Healthlink South and TV3 Network Services Ltd - 1996-082, 1996-083
1996-082–083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-82 Decision No: 1996-83 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by HEALTHLINK SOUTH of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Davies and Television New Zealand Ltd - 1999-026
1999-026

SummaryReferences to sexual activity were made in an episode of Dharma and Greg broadcast on TV2 on 4 November 1998 at 7. 30pm. Two different couples were said to have had sex in a public place. Mr Davies complained to Television New Zealand Ltd, the broadcaster, that such explicit programme content was unsuitable for broadcast before 8. 30pm. He lamented a decline in standards which he noted had occurred in recent years, and sought to have all references to sex excluded from any PGR programme. At the outset, TVNZ noted that no sexual activity was shown in the programme, but was only implied in the action and dialogue. It acknowledged that the programme was more suited to adult audiences, but did not accept that it was unsuitable for children who were watching under the guidance of an adult....

Decisions
Henderson and MediaWorks TV Ltd - 2014-156
2014-156

Summary [This summary does not form part of the decision. ] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. The Authority upheld the complaint that the promo breached the responsible programming and children's interests standards, as the promo contained sexual material more properly falling within the PGR classification. The Authority did not make any order. Upheld: Responsible Programming, Children's Interests No Order Introduction [1] A promo for The Night Shift briefly showing a male and female passionately kissing screened during Shrek Forever After, which was classified G. 1 [2] Carol Henderson complained that it was inappropriate to show this promo for an AO programme during a G-rated movie and that it would have distressed and embarrassed children....

Decisions
Clarkson and Canterbury Television Ltd - 1994-054
1994-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 54/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Guy and The Radio Network Ltd - 2010-089
2010-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix – host made comments about smacking a child – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 2 (law and order) – item did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – newsreader made it clear that smacking children was illegal – broadcaster was sufficiently mindful of the effect the programme’s content would have on children listening – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 7. 30am on Wednesday 16 June 2010 on the radio station Easy Mix, the presenter and newsreader had a brief discussion....

Decisions
Petherick and Television New Zealand Ltd - 2011-054
2011-054

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989TVNZ News Now – item contained footage of teenage girl beating another and two girls fighting – item was not preceded by a warning – broadcaster upheld the complaint under responsible programming, children’s interests and violence standards – action taken allegedly insufficient FindingsStandard 8 (responsible programming), Standard 9 (children’s interests) and Standard 10 (violence) – item carried a high level of public interest and would have been acceptable for broadcast if preceded by a warning – TVNZ correct to uphold the complaint but action taken was sufficient in the circumstances – not upheld This headnote does not form part of the decision. Broadcast [1] During TVNZ News Now, broadcast on TVNZ 7 at 8am on Sunday 27 March 2011, the news reader introduced a story, saying: There’s serious concern from schools about the rise in physical violence among teenage girls....

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Mathewson and Television New Zealand Ltd - 2012-128
2012-128

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – reported on man who faced losing two of his fingers if he chose to continue smoking cigarettes – presenter jokingly asked man if he wanted a cigarette – presenter’s comments allegedly in breach of standards relating to good taste and decency, fairness and responsible programming FindingsStandard 1 (good taste and decency), Standard 6 (fairness), and Standard 8 (responsible programming) – presenter’s offer of a cigarette was hypothetical and intended to highlight the man’s triumph in giving up smoking – not intended to “taunt” the man – man was a willing participant and took the comments with good humour – comments would not have offended or distressed most viewers – man treated fairly – broadcast not socially irresponsible – not upheld This headnote does not form part of the decision....

Decisions
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Decisions
Curran and Television New Zealand Ltd - 1993-095
1993-095

Download a PDF of Decision No. 1993-095:Curran and Television New Zealand Ltd - 1993-095 PDF676. 46 KB...

Decisions
Rawson and Television New Zealand Ltd - 1998-139
1998-139

SummaryA comment made in an item on the programme Midday which was broadcast on TV One on 9 June 1998 referred to the relationship between mortgage rates and wholesale interest rates. Mr Rawson complained to Television New Zealand Ltd that because New Zealand banks operated under a fractional reserve system, the comment was inaccurate and misleading. TVNZ advised Mr Rawson that it had undertaken research into his complaint which had verified the item’s statement that banks borrowed from the wholesale money market to lend to their customers, and that when wholesale interest rates rose, lending rates for mortgages generally rose too. Accordingly, it declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Rawson 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
Stemson and New Zealand Public Radio Ltd - 1996-105
1996-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-105 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M D STEMSON of Coromandel Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Durkin and Television New Zealand Ltd - 2001-015
2001-015

ComplaintOne News – item about HIV positive man facing charges of sexual offending – HIV status irrelevant to criminal allegations – broadcaster did not respect principles of law - unbalanced – impartial – unfair – broadcaster not mindful of effect on children – item caused unnecessary panic, alarm and distress FindingsStandard G5 – standard concerned with maintenance of law and order – possible breach of law beyond Authority’s jurisdiction – no uphold Standard G16 – broadcast did not cause "unnecessary" alarm – no uphold This headnote does not form part of the decision. Summary An item on One News broadcast on TV One at 6. 00pm on 23 November 2000 described the court appearance of a North Shore teacher who faced 20 charges in relation to sex offences allegedly committed against six boys. The news item described the man, whose name had been suppressed, as having tested HIV positive....

Decisions
Coles and Radio Pacific Ltd - 1997-083
1997-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-083 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KATHRINE COLES of Greytown Broadcaster RADIO PACIFIC LIMITED L M Loates R McLeod A Martin...

Decisions
Young and Television New Zealand Ltd - 2010-046
2010-046

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Big Bang Theory – scene showed a male and female character drinking alcohol and then in bed together – allegedly in breach of law and order, responsible programming, children’s interests, violence and liquor FindingsStandard 9 (children’s interests) – liquor consumption was borderline in a PGR programme but scene involved fictional adult characters in a comedic context – acceptable for children with parental guidance – not upheld Standard 11 (liquor) – programme did not advocate liquor consumption – no liquor promotion – showing liquor was incidental to the programme – not upheld Standard 2 (law and order) – programme did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme did not contain subliminal perception – not upheld Standard 10 (violence) – programme did not contain any violence – not upheld This headnote does not form part of the decision.…...

Decisions
Francis and TV3 Network Services Ltd - 2001-115
2001-115

ComplaintFor Richer or Poorer – movie – "fuck off" – offensive language – insufficient warning FindingsStandard G2 – language not offensive in context – no uphold Standard G8 – classification and time of screening appropriate – no uphold This headnote does not form part of the decision. Summary For Richer or Poorer was broadcast on TV3 at 8. 30pm on 29 April 2001. For Richer or Poorer is a comedy movie about a rich couple who hide among the Amish to avoid pursuit by the tax department. During one scene, the wife tells her husband to "fuck off". Ken and Jackie Francis complained to the broadcaster, TV3 Network Services Ltd, that the language was offensive, and that the warning for "coarse" language which had preceded the broadcast had been insufficient....

Decisions
Hooker and TV3 Network Services Ltd - 2002-043
2002-043

ComplaintPromo – Bitches and B*stards – offensive language – promo for AO rated programme screened at 8. 00pm – inappropriately classified FindingsStandard G2 – contextual matters – no uphold Standard G8 – promo appropriately classified – no uphold Standard G12 – taking into account classification and theme of programme in which promo screened – no uphold Standard G22 – see G8 – no uphold Standard G24 – no violent or explicit material – no uphold This headnote does not form part of the decision. Summary [1] A promo for the AO rated programme Bitches and B*stards was broadcast by TV3 at 8. 00pm on 15 November 2001, during the PGR rated programme Family Confidential. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the broadcast of offensive language at that time was unacceptable and in breach of the broadcasting standards....

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