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Decisions
Walker and Television New Zealand Ltd - 2000-161
2000-161

ComplaintHolmes – item on Erotica exhibition – offensive behaviour Findings: Standard G6 – no uphold Standard G7 – not applicable Standard G11 – not applicable Standard G12 – no uphold This headnote does not form part of the decision. Summary A Holmes item broadcast on TV One on 4 August 2000 between 7. 00–7. 30pm dealt with a trade fair held in Auckland entitled Erotica 2000. According to the organisers, the fair was intended to change people’s perception of erotica being sleazy and to present it as mainstream. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, that the broadcast promoted the sex industry as a viable lifestyle and that TVNZ was irresponsible in screening such material. In his view, all aspects of the sex industry degraded women. In its response, TVNZ noted that the broadcast had taken a "light-hearted look" at the trade fair....

Decisions
New Zealand Committee for Scientific Investigation of Claims of the Paranormal Inc and Television New Zealand Ltd - 1998-060
1998-060

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-060 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND COMMITTEE FOR SCIENTIFIC INVESTIGATION OF CLAIMS OF THE PARANORMAL INC. of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED Members: L M Loates R McLeod J Withers...

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
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2001-231, 2001-232, 2001-233
2001-231–233

Complaint Shortland Street – episodes involving – casual sex (one night stand) – the use of toothpaste to make a child ill – ending an episode with voodoo-inspired fear – adult themes – inappropriate for broadcast to young people at 7. 00pm FindingsStandard G8 – appropriately rated PGR – no uphold Standard G12 – classification evidence of being mindful of children – no uphold This headnote does not form part of the decision. Summary [1] Shortland Street is a long running fictional series broadcast at 7. 00pm on weekdays on TV2. The episode broadcast on 12 August 2001 included a central character having a one-night sexual encounter, the episode on 17 August raised the possibility of giving a child some toothpaste to make her ill to enable the mother to have a break, and on 21 August, an episode concluded with fear inspired by the use of voodoo....

Decisions
Sundborn and TVWorks Ltd - 2010-044
2010-044

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Decisions
Lowe and Television New Zealand Ltd - 1998-086
1998-086

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-086 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Dunlop and Television New Zealand Ltd - 1996-098
1996-098

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-098 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Angus and TVWorks Ltd - 2009-009
2009-009

Tapu Misa declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade in Wellington – contained footage of bare-breasted women – allegedly in breach of good taste and decency, programme classification and children’s interestsFindings Standard 1 (good taste and decency) – footage of bare breasts was not salacious – contextual factors – not upheldStandard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheldStandard 7 (programme classification) – standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on 3 News, broadcast on TV3 at 6pm on 7 November 2008, reported on the "Boobs on Bikes" parade promoting the Erotica exhibition that took place in Wellington....

Decisions
McClean and TVWorks Ltd - 2007-137
2007-137

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item on the sentencing of convicted rapist Roger Kahui included a brief re-enactment showing actor forcing entry into victim’s home – allegedly in breach of good taste and decency, law and order, programme information, children’s interests and violence standards Findings Standard 1 (good taste and decency) – item made it clear to viewers that it was a re-enactment – stylised dramatisation – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item was brief – unlikely to disturb child viewers – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion – not upheld Standard 8 (programme information) – standard not relevant – not upheld This headnote does not form part of the decision.…...

Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

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
Seqirus (NZ) Ltd and MediaWorks TV Ltd - 2016-015 (27 June 2016)
2016-015

Summary[This summary does not form part of the decision. ]3D reported on the cervical cancer vaccine Gardasil, and the stories of several girls and their families who believed that they had suffered serious health problems after being vaccinated. It also reported on the as-yet-unexplained sudden deaths of two girls who had recently received the vaccine. The Authority did not uphold a complaint from the maker of Gardasil alleging that the programme misleadingly suggested that Gardasil was unsafe and thus deceived and disadvantaged the public when there was no evidential basis for doing so. The story was well-reported, was measured in its presentation and gave viewers a range of information, which enabled them to make up their own minds about the vaccine. The Authority emphasised the high public interest in the story and in giving a platform for minority voices to be heard....

Decisions
Brock and Television New Zealand Ltd - 2015-077 (28 January 2016)
2015-077

Summary[This summary does not form part of the decision. ]An episode of Shortland Street showed the death of a 14-year-old character, Pixie. Pixie had apparently been undergoing chemotherapy and was hospitalised for pneumonia. At the end of the episode, Pixie’s condition rapidly deteriorated and she died. The Authority did not uphold a complaint that the item should have been preceded by a warning because children could have been disturbed and upset by the content. Shortland Street is rated PGR and frequently features adult themes. While the fictional depiction of a child’s death was potentially upsetting, it was not outside audience expectations and parents had an opportunity to exercise discretion. Not Upheld: Responsible Programming, Children’s InterestsIntroduction[1] An episode of Shortland Street showed the death of 14-year-old character Pixie. Pixie had apparently been undergoing chemotherapy and had contracted pneumonia....

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
Golden and Radio New Zealand Ltd - 2015-017
2015-017

Summary[This summary does not form part of the decision. ]An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The Authority did not uphold a complaint that the item incorrectly inferred that Mr Lundy had actively been seeking increased life insurance on the day the murders occurred, and that this was unfair. The item was a straightforward report of the latest evidence given at trial and the item as a whole clarified the meaning of its opening statements. Not Upheld: Accuracy, Fairness, Law and Order, Responsible ProgrammingIntroduction[1] An item on Morning Report discussed Mark Lundy's retrial for the murder of his wife and daughter. The item reported that 'Mark Lundy's retrial has been told that he tried to increase his family's life insurance just hours before his wife and daughter were hacked to death'....

Decisions
Ihaia & IM and MediaWorks Radio Ltd - 2015-074 (10 March 2016)
2015-074

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Decisions
Golden and Radio New Zealand Ltd - 2012-093
2012-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint– item allegedly contained comments from Radio New Zealand’s economics reporter – allegedly in breach of accuracy, fairness and responsible programming standards FindingsStandard 5 (accuracy), Standard 6 (fairness) and Standard 8 (responsible programming) – broadcaster unable to locate any segment which matches the comments identified by the complainant – Authority therefore unable to assess broadcasting standards against those comments – Authority declines to determine the complaint in all the circumstances under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Allan Golden made a formal complaint to Radio New Zealand Ltd (RNZ) about a news item broadcast between 4pm and 5. 30pm on 11 July 2012....

Decisions
Sharp and Television New Zealand Ltd - 1993-034
1993-034

Download a PDF of Decision No. 1993-034:Sharp and Television New Zealand Ltd - 1993-034 PDF 335. 83 KB...

Decisions
Hynes and TVWorks Ltd - 2011-155
2011-155

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paddle Pop Begins – children’s cartoon – main character’s name was the same as a brand of iceblock – allegedly in breach of responsible programming and children’s interests standards Findings Standard 8 (responsible programming) – accept that Streets logo and name of character amounted to branding or marketing – however programme was clearly a children’s cartoon rather than an “advertisement” for the purposes of guideline 8d – not upheld Standard 9 (children’s interests) – programme would not have alarmed or disturbed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the children’s cartoon Paddle Pop Begins was broadcast on TV3 at 8. 25am on 13 October 2011....

Decisions
Neal and The Radio Network Ltd - 2014-041
2014-041

Summary [This summary does not form part of the decision. ]On two occasions, the presenters of the Hauraki Breakfast Show made comments about masturbation. The Authority did not uphold the complaint that the comments were unacceptable for broadcast at a time when children could be listening. The comments were consistent with the expectations of Radio Hauraki’s adult target audience, and would not have unduly surprised or offended regular listeners. Both items were light-hearted and intended to be humorous rather than offensive. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] In two separate items, the presenters of the Hauraki Breakfast Show made comments about masturbation. The first item was broadcast on 5 March 2014 at 7. 34am and the second item was broadcast on 27 March 2014 at 7. 50am....

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