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Decisions
Canterbury District Health Board and The Radio Network Ltd - 2004-133
2004-133

Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....

Decisions
Samuel and TVWorks Ltd - 2011-097
2011-097

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
Hooker and TV3 Network Services Ltd - 2002-043
2002-043

ComplaintPromo – Bitches and B*stards – offensive language – promo for AO rated programme screened at 8. 00pm – inappropriately classified FindingsStandard G2 – contextual matters – no uphold Standard G8 – promo appropriately classified – no uphold Standard G12 – taking into account classification and theme of programme in which promo screened – no uphold Standard G22 – see G8 – no uphold Standard G24 – no violent or explicit material – no uphold This headnote does not form part of the decision. Summary [1] A promo for the AO rated programme Bitches and B*stards was broadcast by TV3 at 8. 00pm on 15 November 2001, during the PGR rated programme Family Confidential. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the broadcast of offensive language at that time was unacceptable and in breach of the broadcasting standards....

Decisions
Guy and The Radio Network Ltd - 2010-089
2010-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix – host made comments about smacking a child – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 2 (law and order) – item did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – newsreader made it clear that smacking children was illegal – broadcaster was sufficiently mindful of the effect the programme’s content would have on children listening – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 7. 30am on Wednesday 16 June 2010 on the radio station Easy Mix, the presenter and newsreader had a brief discussion....

Decisions
Smokefree Coalition and Radio New Zealand Ltd - 2000-096
2000-096

Complaint Spectrum – documentary – Cuban cigar business – promoted cigar smoking – glamorised cigars – unbalanced – illegal FindingsPrinciple 2 – no jurisdiction over Smoke-free Environments Act – no uphold Principle 4 – not a controversial issue – no uphold Principle 7 – freedom of speech – no uphold This headnote does not form part of the decision. Summary A Spectrum documentary broadcast on National Radio on 7 December 1999 focused on people involved in the cigar industry. Cuban growers and manufacturers were interviewed, as well as a retailer of cigars in New Zealand. The Smokefree Coalition complained to Radio New Zealand Ltd, the broadcaster, that the programme promoted and glamorised cigar smoking, and gave considerable airtime to promoting the business of an Auckland retailer of cigars....

Decisions
McNaughton and Prime Television New Zealand Ltd - 2005-109
2005-109

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Thing Called Love – promo – AO rated programme – promo screened at 7. 10pm – PGR time band – host programme rated G – allegedly offensive, contrary to children’s interests and incorrectly classifiedFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – PGR-rated promo broadcast during G-rated host programme in breach regardless of time band – upheld Standard 9 (children’s interests) – majority – PGR rating acknowledged children’s interests – minority – promo should have been rated AO – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified programme, A Thing Called Love, was screened on Prime Television around 7. 10pm on 19 August 2005, during the PGR time band....

Decisions
Grant and McIntyre and Television New Zealand Ltd - 2002-049, 2002-050
2002-049–50

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Decisions
Dowler and CanWest TVWorks Ltd - 2006-074
2006-074

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – panel discussion about power outage in Auckland – complainant alleged that programme gave the impression that the discussion was live, when it was pre-recorded – allegedly inaccurate, unfair and in breach of programme information standardFindingsStandard 5 (accuracy) – no statements of fact alleged to be inaccurate – standard does not apply – not upheld Standard 6 (fairness) – no person or organisation alleged to be treated unfairly – standard does not apply – not upheld Standard 8 (programme information) – standard requires viewers to be disadvantaged before breach will be found – no disadvantage to viewers – not upheldThis headnote does not form part of the decision Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 12 June 2006, included a panel discussion about a recent power outage in Auckland....

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
Fletcher and Television New Zealand Ltd - 2005-119
2005-119

Complaint under section 8(1)(a) of the Broadcasting Act 1989Desperate Housewives – promo – shown at 8. 00pm during G-rated NZ Idol – sexual images and dialogue – promo allegedly unsuitable for screening during G-rated host programme and allegedly in breach of children’s interestsFindingsStandard 7 (programme classification) – majority of view that promo’s rating should have been PGR – AO according to minority – screened during G-rated host programme – upheld Standard 9 (children’s interests) – majority – material in promo discreet – sufficiently acknowledged children’s interests – minority – promo should have been rated AO – unsuitable for children – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for Desperate Housewives was broadcast on TV2 at about 8. 00pm on 22 August 2005. It was screened during the G-rated programme NZ Idol. The promo was rated G by the broadcaster....

Decisions
Hind and Television New Zealand Ltd - 2008-005
2008-005

Complaint under section 8(1B)(b)(i) Promo for F**k Off I’m Small – use of “F**k Off” in the promo – promo screened during PGR-rated programme – allegedly in breach of good taste and decency and programme classification standards Findings Standard 1 (good taste and decency) – swear word was not said or spelled out – contextual factors – not upheld Standard 7 (programme classification) – promo should have been rated PGR but was appropriately screened during PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme F**k Off I’m Small was broadcast on Tuesday 13 November 2007 at 7. 55pm on TV One during Coronation Street. F**k Off I’m Small was advertised as the premiere episode of a documentary series entitled Real Life, which was to screen at 9. 30pm on Wednesday....

Decisions
Ernslaw One Ltd and Television New Zealand Ltd - 1995-062
1995-062

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 62/95 Dated the 6th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ERNSLAW ONE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
DuPont (New Zealand) Ltd and TV3 Network Services Ltd - 1996-123, 1996-124
1996-123–124

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-123 Decision No: 1996-124 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DUPONT (NEW ZEALAND) LTD Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Reekie and Television New Zealand Ltd - 2009-111
2009-111

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

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
Minister of Health (Hon Jenny Shipley) and Television New Zealand Ltd - 1996-025
1996-025

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-025 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH (Hon Jenny Shipley) Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Gallagher and TV3 Network Services Ltd - 1997-089
1997-089

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-089 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAN GALLAGHER of Invercargill Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Irwin, Nelson and Robertson and Television New Zealand Ltd - 2009-162
2009-162

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Birdland – presenter Jeremy Wells looked at birdlife in New Zealand – visited a weka farm in Southland – was shown caring for pet mice then releasing them to be eaten by weka – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence FindingsStandard 9 (children’s interests) – guideline 9d – animals badly treated – gratuitous and not justified by context – broadcaster did not adequately consider children’s interests – upheld by majority Standard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 10 (violence) – subsumed into consideration of Standard 9 No Order This headnote does not form part of the decision. Broadcast [1] An episode of Birdland, a locally produced wildlife programme hosted by comedian Jeremy Wells, was broadcast on TV One at 7pm on Saturday 14 November 2009....

Decisions
Hind and Television New Zealand Ltd - 2008-073
2008-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Build a New Life in the Country – contained coarse language – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Action Taken – broadcaster upheld the complaint, apologised and took steps to prevent future mistakes – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Build a New Life in the Country (rated G) was broadcast on TV One at 7. 30pm on Saturday 7 June 2008. The series followed British couples as they pursued their dream homes and lifestyles. In the 7 June episode, Jason and Phillipa had bought a chateau in France and planned to renovate it and open it as a bed and breakfast. The episode tracked their progress over nine months. [2] At approximately 7....

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

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