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Decisions
Clancy and Television New Zealand Ltd - 2012-086
2012-086

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Ouwerkerk and The Radio Network - 2013-032
2013-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989D’Arcy Waldegrave Drive – host and producer referred to rugby players as “Jesus” and “God” – allegedly in breach of standards relating to good taste and decency, discrimination and denigration, and responsible programmingFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – use of “Jesus” and “God” to compliment rugby players would not have offended or distressed most listeners in context – comments did not carry any invective and did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During D’Arcy Waldegrave Drive on Radio Sport, the host and producer discussed the selection of the All Blacks training squad, including a rookie, Steven Luatua, who played for the Auckland Blues....

Decisions
Sharp and Television New Zealand Ltd - 1993-026
1993-026

Download a PDF of Decision No. 1993-026:Sharp and Television New Zealand Ltd - 1993-026 PDF306. 1 KB...

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

Decisions
New Zealand Minerals Industry Association and Television New Zealand Ltd - 1998-105
1998-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-105 Dated the 10th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND MINERALS INDUSTRY ASSOCIATION Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod...

Decisions
Hutchings and Television New Zealand Ltd - 1999-020
1999-020

Summary Naked women were shown in promos for the programme The Making of the Human Body broadcast on TV One on 8 November, 9 November and 10 November 1998 between 6. 00–8. 00pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the display of naked women in G or PGR time breached the standard requiring the observance of good taste and decency. In her view, it was not appropriate to show images of naked women when children were watching television. She also argued that it was discriminatory to show only naked women and no naked men. TVNZ noted that the promo included an extract from the opening sequence of each programme which showed men and women of every age, many of whom were naked....

Decisions
Christian Heritage Party and Claasen and The Radio Network Ltd - 1999-157, 1999-158
1999-157–158

Summary An item on the Larry Williams Programme focussed on the resignation from the Alliance Party of Mr Frank Grover MP. The item included interviews with Mr Jim Anderton, the leader of the Alliance Party, and with Mr Grover. It was broadcast on Newstalk ZB on 11 June 1999, commencing at about 6. 15 pm. Both John Bryant, the Executive Director of the Christian Heritage Party, and Adam Claasen of Christchurch complained to The Radio Network Limited, the broadcaster, that the item was untruthful, unfair, deceptive and unbalanced. Mr Grover had agreed to the interview on the basis that Mr Anderton was not "on the call at the same time", they wrote, but by including Mr Anderton in the interview, the host had breached that agreement....

Decisions
Osborne and CanWest TVWorks Ltd - 2007-027
2007-027

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Simpsons – Halloween episode called "Treehouse of Horror XV" – broadcast at 7pm – allegedly in breach of good taste and decency, children's interests, and programme classification standards FindingsStandard 1 (good taste and decency) – subsumed under Standard 9 Standard 7 (programme classification) – appropriately classified PGR – not upheld Standard 9 (children's interests) – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A Halloween episode of The Simpsons called "Treehouse of Horror XV" was broadcast on TV3 at 7pm on Tuesday 16 January 2007. The episode contained three stories. The first, "The Ned Zone", involved the character Ned Flanders being hit by a bowling ball and thereafter being able to see how people would die....

Decisions
Peapell and Television New Zealand Ltd - 2007-090
2007-090

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item critical of a real estate contract between Ms K and the National Property Centre Ltd – discussed the actions of the agent involved in drawing up the contract, as well as some of the terms and conditions – item also reported on another contract between the parties for renovation work to be done on Ms K’s property – allegedly in breach of privacy, balance, accuracy, fairness and programme information standards Findings Standard 3 (privacy) – item did not disclose any private facts about the complainant – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – item distinguished statements of fact from opinion and comment – no inaccuracies – not upheld Standard 6 (fairness) – the release form signed by Ms K permitted the complainant to discuss the matter…...

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
PHARMAC and Television New Zealand Ltd - 2000-082
2000-082

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

Decisions
Woods and Television New Zealand Ltd - 2004-058
2004-058

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Bootylicious – PGR promo – broadcast during One News between 6. 00pm and 7. 00pm – crass – objectified women’s bodies – timing of promo unsuitable for childrenFindings Standard 1 (good taste and decency) and Guideline 1a – promo for programme on recent fashion fad – did not threaten current norms of decency and taste – not upheld Standard 7 (appropriate classification) – promo classified “PGR News” – PGR appropriate classification – not upheld Standard 7 (compliance with classification band) and Guideline 7b – One News (although itself unclassified) is in G time-band – PGR promo did not comply with classification band – upheld Standard 9 (children’s interests) – broadcaster considered children’s interests in rating promo PGR – not upheldNo OrderThis headnote does not form part of the decision....

Decisions
Hadfield and Television New Zealand Ltd - 2002-100–104
2002-100–104

ComplaintsPromos – Mercy Peak x 3 – The Swap x 1 – Bad Girls x 1 – offensive language – classification – violence – two aspects of one complaint upheld by TVNZ – excessive violence and wrongly classified – reasons for promos advanced by TVNZ as informing and attracting viewers by using interesting and intriguing sequences FindingsStandard 1 and Guideline 1a, Standard 7 and Guideline 7b, Standard 10 and Guideline 10c – five promos did not contain offensive language or offensive behaviour – no uphold; the four promos contained minimal violence and were not inappropriately classified – no uphold This headnote does not form part of the decision. Summary [1] Promos for Mercy Peak, The Swap and Bad Girls were broadcast by TVNZ at various times and on different days in April 2002....

Decisions
Rupa and Television New Zealand Ltd - 2011-055
2011-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Waitangi: What Really Happened – docu-drama about events leading up to the signing of the Treaty of Waitangi – allegedly in breach of controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Waitangi: What Really Happened was broadcast on TV One at 8. 30pm on Sunday 6 February 2011. The programme was a docu-drama following the events leading up to the signing of the Treaty of Waitangi in 1840....

Decisions
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Decisions
Fudakowski and Radio New Zealand Ltd - 1994-004
1994-004

SummaryThe subject of liable parent contributions was discussed on Nine to Noon on 3 August1993 and unemployment on Morning Report on 13 August 1993. Mr Fudakowski complained to Radio New Zealand Ltd that the dissenting view given in thediscussion about liable parents was unsourced and therefore was neither balanced norimpartial. With respect to the second item, he complained that comments about theinevitability of long-term unemployment were deeply offensive and lacked balance andobjectivity. In response, RNZ denied that the news items encouraged discrimination against anygroup, or that they were so lacking in balance that they were in breach of broadcastingstandards. Pointing out that the items contained expressions of opinion about matters ofpublic interest, RNZ explained that it could find no justification for the contention that thereporting of those statements imposed an obligation on the broadcaster to undertake anin-depth investigation into the subjects discussed....

Decisions
Goodwin and Television New Zealand Ltd - 2010-116
2010-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on a police search that ended up with two officers being shot and a police dog being killed – contained interviews with a neighbour living next to the property where the incident occurred and the Commissioner of Police – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – interview with Police Commissioner was straightforward and respectful – Mr Broad and the police treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 7 (discrimination and denigration) – presenter’s behaviour and comments did not encourage the denigration of members of the New Zealand police force –…...

Decisions
Harrison and TV3 Network Services Ltd - 2003-138, 2003-139, 2003-140
2003-138–140

ComplaintPromos – The Strip – sexual material – allegedly offensive – promos for AO programme screened in G and PGR time-bands – inappropriate FindingsStandard 1 – contextual factors – no uphold Standard 5 – not relevant – no uphold Standard 7 – majority – promos appropriately classified PGR – minority – inappropriate rating – classification code AO should have been used – two promos shown during 3 News – failed to comply with PGR time-band – uphold; majority – promo shown during 20/20 – complied with PGR time-band – no uphold – minority – inappropriate classification – breachNo Order This headnote does not form part of the decision. Summary [1] Promos for The Strip were broadcast by TV3 at various times on 30 June, 1 and 6 July 2003....

Decisions
Nielsen and TVWorks Ltd - 2012-010
2012-010

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Comedy Convoy – female comedian stated, “When I was in my early twenties I really wanted kids, like I really wanted them, but I just could never lure them into my car” – audience responded with laughter – allegedly in breach of standards relating to good taste and decency, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – comment clearly intended as a joke – broadcast in the middle of the day during the school term – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Home and Away – not upheld Standard 8 (responsible programming) – promo correctly rated G and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision....

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