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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
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Knyazev and MediaWorks TV Ltd - 2014-075
2014-075

Summary [This summary does not form part of the decision. ] A segment on The Paul Henry Show featured the two presenters discussing recent law changes in Russia that mean it is now illegal to misrepresent Russia’s involvement in World War II, and that people would be fined for swearing on television, in theatre or in films. Mr Henry gave examples of Russian swearwords. There was also a discussion about ‘butt plugs’ made in the likeness of Vladimir Putin and of Paul Henry. The Authority did not uphold the complaint that the language, the references to Russia’s involvement in the war, and the discussion about ‘butt plugs’ were offensive. The segment was on late at night and targeted at adults, it was intended to be light-hearted and was consistent with expectations of the show and of Paul Henry....

Decisions
Govind and Television New Zealand Ltd - 2015-080 (28 January 2016)
2015-080

Summary[This summary does not form part of the decision. ]An item on ONE News reported that an increasing number of beneficiaries were being banned from Work and Income offices due to heightened security as a result of the fatal shootings at a WINZ office in 2014. The reporter interviewed a beneficiary who said that this was ‘no surprise’ because dealing with WINZ is ‘frustrating’. The Authority did not uphold a complaint that the comments from the beneficiary were irresponsible and encouraged violence. The focus of the item was on security at WINZ offices and the beneficiary was relating his personal experience; the item did not advocate violence....

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

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....

Decisions
New Zealand Police (Otago District) and TV3 Network Services Ltd - 1997-160
1997-160

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-160 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (Otago District) Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod...

Decisions
Pavan Family and Television New Zealand Ltd - 1994-124
1994-124

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 124/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by THE PAVAN FAMILY of Johnsonville Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Halliwell and Television New Zealand Ltd - 1998-076, 1998-077
1998-076–077

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-076 Decision No: 1998-077 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALICE HALLIWELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Black and MediaWorks TV Ltd - 2015-037
2015-037

Summary [This summary does not form part of the decision. ] A promo for the movie No Strings Attached screened during The X Factor NZ which was rated G. The Authority upheld the complaint that explicit sexual references contained in the promo went beyond the boundaries of the G classification and consequently the broadcaster did not adequately consider the interests of younger viewers who were likely to be watching. Upheld: Responsible Programming, Children's Interests No Order Introduction [1] A promo for the movie No Strings Attached containing sexual references screened during The X Factor NZ, which was rated G. [2] Michael Black complained that the promo contained multiple visual and verbal sexual references, which were inappropriate for child viewers and inconsistent with the G classification of the host programme....

Decisions
Robbins and Bright and The Beach 94.6FM - 2004-108, 2004-109, 2004-110, 2004-111
2004-108–111

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Decisions
Coates and Television New Zealand Ltd - 2009-116
2009-116

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Decisions
Bennett and Television New Zealand Ltd - 2008-015
2008-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

Decisions
Moshims Discount House Ltd and Apna Networks Ltd - 2009-048
2009-048

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....

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
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
Francis and TV3 Network Services Ltd - 2001-115
2001-115

ComplaintFor Richer or Poorer – movie – "fuck off" – offensive language – insufficient warning FindingsStandard G2 – language not offensive in context – no uphold Standard G8 – classification and time of screening appropriate – no uphold This headnote does not form part of the decision. Summary For Richer or Poorer was broadcast on TV3 at 8. 30pm on 29 April 2001. For Richer or Poorer is a comedy movie about a rich couple who hide among the Amish to avoid pursuit by the tax department. During one scene, the wife tells her husband to "fuck off". Ken and Jackie Francis complained to the broadcaster, TV3 Network Services Ltd, that the language was offensive, and that the warning for "coarse" language which had preceded the broadcast had been insufficient....

Decisions
Gunn and Television New Zealand Ltd - 2000-118
2000-118

ComplaintDawson’s Creek – teen drama – references to sex and condoms – incorrect PGR classification – unsuitable for childrenFindings(1) Standard G8 – fictional drama – teenage target audience – content not gratuitous – no uphold (2) Standard G12 – properly classified PGR and screened in PGR time – no uphold This headnote does not form part of the decision. Summary An episode in the Dawson’s Creek series was broadcast on TV2 at 7. 30pm on 6 June 2000. Maree and Andrew Gunn complained to Television New Zealand Ltd, the broadcaster, that the programme contained many explicit references to sex and a "graphic, trivial discussion on the selection of condoms". They considered that this material was unsuitable for younger viewers, and that the programme ought to have been rated AO rather than PGR....

Decisions
Watson and TV3 Network Services Ltd - 2001-210
2001-210

ComplaintComedy Season Promo – edited clips from nine comedy programmes – footage from Sex and the City unsuitable for broadcast during children’s programming – breach of good taste – broadcaster not mindful of children – explicit material unacceptable FindingsStandard G2 – promo did not breach currently accepted norms of good taste and decency – no uphold Standard G12 – not G material – broadcaster not mindful of promo’s effect on children – uphold Standard G24 – not "explicit material" as envisaged by the standard – no uphold No Order This headnote does not form part of the decision. Summary 1] TV3 promoted its Comedy Season with a montage of clips from various comedy programmes. The promo, which lasted 60 seconds, included clips from 3rd Rock from the Sun, Will and Grace and Sex and the City, edited together....

Decisions
Smith and Television New Zealand Ltd - 2008-018
2008-018

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Decisions
Findlay and Television New Zealand Ltd - 2008-110
2008-110

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....

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