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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...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 47/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN RUSH of Gisborne Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Complaints under s....

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....

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....

Summary [This summary does not form part of the decision. ]The hosts of the Jase and Dave Drive Show on Classic Hits joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through. The Authority did not uphold the complaint that the use of sexual innuendo was inappropriate for broadcast. No coarse language was used and inexplicit sexual innuendo is permissible during children’s listening times. The host also indicated the topic may be unsuitable for younger listeners, giving parents and caregivers an opportunity to exercise discretion. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During the Jase and Dave Drive Show, broadcast on Classic Hits on the evening of Tuesday 27 August 2013, the hosts joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

ComplaintNew Rulers of the World – promo for the John Pilger documentary – answer to one question presented as answer to another – unfair and deceptive – complaint upheld – in-house action taken FindingsSerious breach – action taken insufficient OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] The John Pilger documentary, The New Rulers of the World, was screened on TV One at 9. 45pm on 10 October 2001. In a promo broadcast earlier, Mr Fisher of the IMF was seen to respond to a statement from Mr Pilger saying "what are you asking me this question for". However, during the broadcast it was apparent that this response was made to another unrelated question. [2] P G Hatton complained to Television New Zealand Ltd, the broadcaster, that the promo, by using this editing practice, was unfair and lacked objectivity....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-066 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-115 Decision No: 1996-116 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEVE CONWAY of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

Complaint The Edge – "The Help Desk" – afternoon broadcast – beginning at secondary school – stories about initiation rites – encouraged bullyingFindingsPrinciple 7 – conflicting views of the attitude displayed by announcer – no tape – unsatisfactory – no option but to decline to determineThis headnote does not form part of the decision. Summary[1] "The Help Desk", broadcast on The Edge on the afternoon of the week beginning 28 January 2002, invited callers to phone in and relate stories about starting at secondary school. [2] Ruth McLean complained to The RadioWorks Ltd, the broadcaster, that the stories involved initiation practices, bullying, intimidation, and violence towards third formers. The announcer, she added, seemed to find the stories entertaining. Moreover, his attitude had encouraged bullying and his lack of social responsibility breached broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for The Vampire Diaries – broadcast during a G-rated programme at 4. 55pm – contained shots of vampires and people kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standardsFindingsStandard 8 (responsible programming) – images in the promo very brief and dark – would not have left a lasting impression likely to disturb or alarm child viewers – correctly rated G – not upheld Standard 9 (children’s interests) – promo unlikely to disturb or alarm children – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – promo was fleeting and inexplicit – not upheld Standard 10 (violence) – promo did not contain any violence – not upheld This headnote does not form part of the decision....

ComplaintOmission to broadcast news about Invercargill businessman – unbalanced – deceptive programming practiceFindingsComplaint about omission to broadcast – editorial judgement – decline to determineThis headnote does not form part of the decision. SummaryBrent Procter complained that local news bulletins on Newstalk ZB and Classic Hits Invercargill had failed to cover the activities of an Invercargill businessman who had been charged with fraud. He contended that in this omission the broadcaster had failed to show balance and had used deceptive programming practice in its broadcasts during the period of newsworthiness, notably between 6 March and 10 March 2000. The Radio Network Ltd, the broadcaster, responded for both stations that broadcasting standards were not breached as the story in question had not been broadcast. Dissatisfied with TRN’s response, Mr Procter referred the complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the words “fuck” and “cunt” – allegedly in breach of discrimination and denigration, and responsible programming standards FindingsStandard 8 (responsible programming) – Authority has previously found that the movie was appropriately classified AO and screened at 8. 30pm – not upheld Standard 7 (discrimination and denigration) – complainant did not identify a section of the community which she considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Saturday 19 February 2011. [2] At approximately 8. 40pm, one of the characters used the word “fuck”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about recent release of controversial Barbie doll – panellist suggested there was a market in the Muslim world for “terrorist Barbie”, and in response the host suggested “suicide bomber Barbie” – allegedly in breach of good taste and decency, accuracy, discrimination and denigration, and responsible programming standards FindingsStandard 7 (discrimination and denigration) – panellists were offering commentary and opinion in a satirical manner, making the point that the marketers of Barbie dolls were smart to release controversial Barbies – comments did not encourage the denigration of, or discrimination against, Muslims as a section of the community – not upheld Standard 1 (good taste and decency) – comments were light-hearted and intended to be satirical/a joke – most viewers would not have been offended or distressed by the comments taking into account the context – not upheld Standard 8 (responsible…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-168 Decision No: 1996-169 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DR JOHN READ of Auckland and NEW ZEALAND PSYCHOLOGICAL SOCIETY INC. Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...