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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – contained brief flashes of two characters having sex – allegedly subliminal messaging in breach of programme information standard Findings Standard 8 (programme information) – flashes did not constitute subliminal perception – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on 13 July 2008. In one scene, the King and Ann Boleyn danced together. As they danced, five brief and separate shots of the couple having sex were shown. When the dance ended, a sex scene followed, during which Ann slapped the King’s face and scratched his back drawing blood. She then revealed to the King her desire for his ex-wife and first child to be killed....

ComplaintThe Sopranos – scene in which man attacks and kills pregnant woman – offensive – violence against woman and unborn baby – horrific – unjustifiable – gratuitous FindingsStandard G2 – unacceptable material – uphold Standard V1 – scene not essential or justifiable in context of programme – uphold Standard V2 – realistic violence used gratuitously for heightened impact – uphold Standard G8 – subsumed This headnote does not form part of the decision. Summary [1] An episode of The Sopranos was broadcast on TV2 at 9. 30pm on 6 September 2001. The Sopranos is a drama about an American-Italian mafia family living in the eastern United States. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a scene in which a pregnant woman is beaten and killed, which he considered breached standards relating to good taste and decency, violence and appropriate classification....

ComplaintZG FM Gisborne – offensive language – "eff–off" – "piss off" – reference to complainant on air FindingsPrinciples 1 and 7 – in context – no uphold Principle 5 – reference ambiguous – no uphold CommentBroadcaster’s complaints procedure and process for recording programmes unsatisfactory This headnote does not form part of the decision. Summary During the morning programme on 22 September 2000, an announcer on Gisborne’s ZG FM said "eff-off". On 20 October he said that by playing a certain song, he would "piss off" some colleagues. After a listener called the station to complain about his language, the announcer made reference to her complaint on 25 October, saying "I can’t say ‘piss off’ or Mrs Pascall will get hacked off about it....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – showed couple in bed – camera with recording light on was positioned at the end of the bed – footage briefly shown of the couple kissing – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – programme’s themes more suited to PGR but visual depiction of them inexplicit and acceptable in G programme – majority – not upheld Standard 1 (good taste and decency) and Standard 9 (children’s interests) – subsumed into consideration of Standard 8 This headnote does not form part of the decision. Broadcast [1] An episode of Home and Away, an Australian soap opera with a G rating, was broadcast on TV3 at 5. 30pm on Friday 31 July 2009....

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

Complaint Coromandel FM – news item inaccurately reported that fire fighter was charged with drunk driving causing death – privacy of fire fighter Findings (1) Unsatisfactory complaints procedure – warning (2) Principle 8 – relevant (3) Privacy Principles (i) and (ii)– facts inaccurate, not private – no uphold This headnote does not form part of the decision. Summary A news story broadcast more than once during the morning of 11 April 2000 on Coromandel FM reported that a named Morrinsville fire fighter had been charged with drunk driving causing death. MM, the fire fighter’s wife, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast breached the fire fighter’s privacy by disclosing incorrect information about the offence he had been charged with. MM reported that the man had in fact been charged with careless driving causing death....

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson 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. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-165 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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.…...

Summary [This summary does not form part of the decision. ]An item on Seven Sharp reported the predictions of a climate scientist about the impacts of climate change on New Zealand by the year 2100, and included the opinion of a climate change health expert about the health risks associated with the predicted changes. The complainant argued that the item was misleading and unbalanced because the claims were presented as ‘fact’ and ‘inevitable’ rather than as ‘extreme projections’. The Authority did not uphold the complaint that the item was inaccurate, as it clearly consisted of opinion and predictions, and was not presented as fact....

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE IRVINE of Auckland Broadcaster 95 bFM Auckland University J M Potter Chairperson L M Loates W J Fraser R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Morning Pirates – hosts discussed the act of people photocopying their naked bottoms on the office photocopier – one of the hosts photocopied his bottom on the radio station's photocopying machine and encouraged listeners to do the same – host invited listeners to exchange photocopies with him via facsimile – allegedly in breach of good taste and decency, law and order and responsible programming Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – hosts' actions were inoffensive and harmless – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Pirates breakfast show, broadcast on Radio Hauraki at 7....

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Cellularpromo – promo for AO-classified movie broadcast during PGR-rated animated movie – allegedly in breach of responsible programming and children's interests standards FindingsStandard 8 (responsible programming) – promo did not contain any AO material - promo correctly rated PGR and screened in appropriate host programme – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests in screening the promo during Ratatouille – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the movie Cellular was screened on TV2 on Saturday 14 August 2010, near the end of Ratatouille, an animated movie which was rated PGR and screened at 7. 30pm. Cellular was classified Adults Only and was broadcast at 9. 45pm after Ratatouille....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overgrown – cannabis law reform-themed radio show advocated cannabis use – host referred to a phone call from a general practitioner and made comments about the views he allegedly expressed – allegedly in breach of standards relating to law and order, controversial issues, accuracy, fairness and responsible programming FindingsStandard 6 (fairness) – complainant was not named and unlikely to be identified from the limited information broadcast – host’s comments did not reach the necessary threshold to be considered unfair to the complainant – complainant not treated unfairly – not upheld Standard 2 (law and order) – while the programme encouraged and promoted cannabis use this was in the spirit of protest and to promote law reform – value of speech important – not upheld Standard 4 (controversial issues) – Overgrown was not a “factual programme” to which the standard applied – show was opinion-based and…...

Summary[This summary does not form part of the decision. ]A promo for Aquarius, shown during Seven Sharp, included a brief shot of a partially clothed injured male character surrounded by female characters tending his wounds. The Authority did not uphold a complaint that the ‘sexualised’ promo was inappropriate for a time when children could be watching television. The promo did not depict any sexual activity or full nudity, and the shot complained about was fleeting and indistinct. The content was consistent with expectations of a PGR classification and the host news and current affairs programme, and any child viewers would have likely been supervised by adults. Not Upheld: Good Taste and Decency, Responsible Programming, Children’s InterestsIntroduction[1] A promo for Aquarius, shown during Seven Sharp, included a brief two-second shot of a partially clothed injured male character surrounded by female characters tending his wounds....

Summary An item reporting on the result of a One Network News/Colmar Brunton political poll was broadcast on One Network News on TV One 21 June 1999 between 6. 00pm and 7. 00pm. Mr Helm complained to Television New Zealand Ltd, the broadcaster, that the item was misleading and inaccurate in its interpretation of the poll results. He said that the item incorrectly linked voter support to the potential composition of a future Parliament. He said that the interpretation was based on a wrong assumption that the poll results, if reflected in a general election, would lead to proportional, or very nearly proportional, representation. TVNZ responded that the item was an accurate indication of political preferences at the time of polling....

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....