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Decisions
Blomfield and NZME Radio Ltd - 2022-027 (18 May 2022)
2022-027

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

Decisions
Parlane and Radio New Zealand Ltd - 2019-075 (4 February 2020)
2019-075

The Authority declined to determine a complaint regarding a news item covering the expansion of a sexual violence court pilot. The complainant submitted that the victim advocate interviewed in the item should not have been interviewed and should not have been referred to as a rape survivor. The Authority concluded that, in all the circumstances of the complaint, it should not be determined by the Authority. The Authority found the concerns raised in the complaint are matters of editorial discretion and personal preference rather than broadcasting standards, and are therefore not capable of being determined by the broadcasting standards complaints procedure. Declined to determine: Good Taste and Decency, Programme Information, Violence, Law and Order, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
XD and Mediaworks TV Ltd - 2018-102C-D (13 March 2019)
2018-102C-D

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

Decisions
Mayall and SKY Network Television Ltd - 2008-092
2008-092

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Shot at Love II with Tila Tequila – reality dating show where a bisexual woman dated 15 men and 15 women – allegedly in breach of children’s standard and classification and warning standardFindings Standard P1 (Content classification, warning and filtering) – programme borderline 16 but appropriately classified M – did not require S warning label – not upheldStandard P3 (Children) – not targeted at children or screened adjacent to content aimed at children – not upheldThis headnote does not form part of the decision. Broadcast[1] A Shot at Love II with Tila Tequila was the second series of a reality television dating game show starring bisexual American internet celebrity Tila Tequila....

Decisions
Darcy and SKY Network Television Ltd - 1995-083
1995-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 83/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L J DARCY of Timaru Broadcaster SKY NETWORK TELEVISION LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Livesey and TelstraClear Ltd - 2007-092
2007-092

Complaint under section 8(1)(a) of the Broadcasting Act 19899 Songs – film included explicit scenes of unsimulated sexual intercourse, oral sex, masturbation and ejaculation – broadcast at 8. 30pm on Rialto Channel – allegedly in breach of content classification and warning standard, and good taste and decency Findings Standard P1 (content classification, warning and filtering) – 18 S classification was inadequate to advise viewers about the explicit sexual content – should have included a visual and verbal warning prior to the broadcast – upheld Standard P2 (good taste and decency) – lack of warning and audience expectations of Rialto Channel – upheld No Order This headnote does not form part of the decision. Broadcast [1] At 8. 30pm on Saturday 7 July 2007, a movie entitled 9 Songs was broadcast on Rialto Channel. The channel was available to both SKY Television and TelstraClear subscribers....

Decisions
McElroy and SKY Network Television Ltd - 2012-132
2012-132

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shameless – programme contained sex scenes, swearing and violence – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld complaint under content classification, warning and filtering standard FindingsAction Taken: Standard P1 (content classification, warning and filtering) – action taken by the broadcaster was sufficient – not upheld Standard P2 (good taste and decency) – incorrect classification and inadequate warning label meant that viewers were not sufficiently informed of the programme’s likely content – viewers were therefore denied the opportunity to make a different viewing choice and were more likely to be offended – upheld Standard P3 (children’s interests) – broadcaster sufficiently protected child viewers from unsuitable content by classifying the programme 16 – not upheld No OrderThis headnote does not form part of the decision....

Decisions
Godinet and SKY Network Television Ltd - 2015-021
2015-021

Summary[This summary does not form part of the decision. ]The E! channel featured an 'Entertainment Special' entitled The Real 50 Shades of Grey about couples who engage in BDSM (Bondage/ Discipline/ Dominance/ Submission/ Sadism/ Masochism). The Authority did not uphold a complaint that the programme encouraged sexual violence and normalised BDSM practice. The content was discussed only in fairly innocuous terms and no explicitly sexual or violent material was shown. However, the Authority upheld the complaint that the programme should have included warning labels for sexual and other potentially offensive content, as the subject matter had the potential to offend viewers. Upheld: Content Classification, Warning and FilteringNot Upheld: Good Taste and Decency, ViolenceNo OrderIntroduction[1] The E! channel featured an 'Entertainment Special' on The Real 50 Shades of Grey. Couples who engaged in BDSM (Bondage/ Discipline/ Dominance/ Submission/ Sadism/ Masochism) and experts on the subject were interviewed....

Decisions
Benson & Far North Cable TV Ltd and Doubtless Bay Family Radio - 2006-054
2006-054

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Decisions
Walls and SKY Network Television Ltd - 2010-139
2010-139

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sex and the City – fictional series about professional women living in New York City – scene broadcast at 8. 25pm showed woman walking in on her boyfriend performing oral sex on another woman – allegedly in breach of good taste and decency and children’s interests standardsFindingsStandard P2 (good taste and decency) – contextual factors – not upheldStandard P1 (content classification, warning and filtering) – programme rated “16” and had warning label for content that may offend – parental lock set to M would have blocked viewing without a pin number – not upheldStandard P3 (children) – broadcaster sufficiently protected child viewers from unsuitable content – not upheldThis headnote does not form part of the decision. Broadcast[1] An episode of Sex and the City was broadcast on Comedy Central at 8pm on Saturday 28 August 2010....

Decisions
Guzzo and TelstraClear Ltd - 2002-116
2002-116

ComplaintThe Happy Hooker Goes to Hollywood – film screened on MGM Channel at 7. 30pm on TelstraClear – nudity and sexual content – inappropriate timing – TelstraClear upheld complaint as breach of good taste and decency – apologised – future screening rescheduled to 4. 25am – dissatisfied with action taken FindingsScreenings of films in future by TelstraClear will comply with Standard Subscription Code rather than Advanced Code – action taken sufficient This headnote does not form part of the decision. Summary [1] The film The Happy Hooker Goes to Hollywood was screened on the MGM Channel at 7. 30pm on 28 March 2002. The MGM Channel is available to subscribers of both Sky and TelstraClear....

Decisions
Turner and Television New Zealand Ltd - 1992-038
1992-038

Download a PDF of Decision No. 1992-038:Turner and Television New Zealand Ltd - 1992-038 PDF226. 84 KB...

Decisions
Morgan and Television New Zealand Ltd - 1994-121
1994-121

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 121/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS MORGAN of Kihikihi Broadcaster TELEVISION NEW ZEALAND LIMITED J R Morris (Acting Chairperson) L M Loates W J Fraser...

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
Trowbridge and Television New Zealand Ltd - 2001-058
2001-058

ComplaintFair Go – rare breeds of sheep put in care as owner had cancer – organiser of care took two flocks herself – owner sought to recover sheep – care organiser believed she owned sheep – no contract – inaccurate – unclear – unbalanced – editing which distorted FindingsStandard G4 – inadequate opportunity to respond – uphold Standards G1, G3, G6, G7, G19 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary David Tuart, an owner of some rare sheep species, required treatment for cancer. Dr Beverley Trowbridge, a fellow breeder of rare sheep species, arranged for his flocks to be distributed among other farmers. After Mr Tuart had been treated, Dr Trowbridge refused to return some of the sheep as she believed that she had been given ownership of them....

Decisions
Phair and Radio One - 2011-140
2011-140

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…...

Decisions
Boyle and TV3 Network Services Ltd - 1998-108
1998-108

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-108 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M L BOYLE of Hamilton Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Children's Media Watch and TV3 Network Services Ltd and TV4 Network Ltd - 2002-110–114
2002-110–114

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....

Decisions
Exclusive Brethren Christian Fellowship and Television New Zealand Ltd - 1994-059
1994-059

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 59/94 Dated the 2nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EXCLUSIVE BRETHREN CHRISTIAN FELLOWSHIP Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Whanau Social Services Inc and Te Reo Irirangi O Ngati Kahungunu Inc - 1995-082
1995-082

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...

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