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Mathewson and Television New Zealand Ltd - 2012-128
2012-128

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – reported on man who faced losing two of his fingers if he chose to continue smoking cigarettes – presenter jokingly asked man if he wanted a cigarette – presenter’s comments allegedly in breach of standards relating to good taste and decency, fairness and responsible programming FindingsStandard 1 (good taste and decency), Standard 6 (fairness), and Standard 8 (responsible programming) – presenter’s offer of a cigarette was hypothetical and intended to highlight the man’s triumph in giving up smoking – not intended to “taunt” the man – man was a willing participant and took the comments with good humour – comments would not have offended or distressed most viewers – man treated fairly – broadcast not socially irresponsible – not upheld This headnote does not form part of the decision....

Decisions
Hawthorne and RadioWorks Ltd - 2013-087
2013-087

Summary [This summary does not form part of the decision. ]The George Selectah Show included audio from a YouTube parody of an advertisement for ‘Chaffers New Zealand Style Deck Sealant’, making fun of the way New Zealanders pronounce the word ‘deck’ to sound like ‘dick’. The Authority did not uphold the complaint that comments such as ‘every kid in the neighbourhood has been on my dick’ were in bad taste and joked about paedophilia. This was clearly intended to be humorous and did not promote or endorse paedophilia. Most regular listeners of George FM would not have been offended, taking into account the station’s target audience, and that the content was broadcast during school time when children were unlikely to be listening....

Decisions
Allardyce and Television New Zealand Ltd - 2014-054
2014-054

Summary [This summary does not form part of the decision. ]A One News item included footage of Gareth Morgan speaking at a Mana Party event. The Authority did not uphold the complaint that broadcasting his use of the word ‘prick’ breached standards. The comment was intended as self-deprecating humour, rather than being offensive or abusive, and it was relatively fleeting in the context of the item, which focused on a potential alliance between the Internet Party and the Mana Party. Not Upheld: Good Taste and Decency, Responsible Programming, Children’s InterestsIntroduction[1] During One News, an item about the relationship between the Mana and Internet Parties included footage of Gareth Morgan speaking at a Mana Party event. He was shown addressing the guests, saying: I’ll leave it up to you [the guests] to decide whether I’m a prick or not… [laughter from audience]… hopefully you’ll wait until after the speech....

Decisions
Gates and TV3 Network Services Ltd - 1996-096
1996-096

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-096 Dated the 22nd day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SYLVIA GATES of Ashburton Broadcaster TV3 NETWORK SERVICES 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
Barker and Television New Zealand Ltd - 1999-012
1999-012

SummaryPreparations were proceeding for an early election in April 1999, according to the promo for news items broadcast on TV One at about 9. 30pm on 19 November 1998. In the item on Tonight it was reported that preparations were under way for the possibility of an early election. Mrs Barker complained to Television New Zealand Ltd, the broadcaster, that the promo was an inaccurate summary of the item to follow, as it failed to clarify that the preparations were being made only on the basis that there was a possibility of an early election. She argued that the promo was inaccurate, unreliable and a distortion of the item which followed. TVNZ responded that both the promo and the item were accurate in reporting that in the Electoral Office, planning was under way for an early election....

Decisions
Bibby and Television New Zealand Ltd - 2010-062
2010-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Clarkson and Canterbury Television Ltd - 1994-054
1994-054

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...

Decisions
Freeman and Television New Zealand Ltd - 2011-001
2011-001

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Decisions
Henderson and TVWorks Ltd - 2011-126
2011-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for The Jono Project – contained brief silhouette image of a woman bouncing up and down apparently having sex – allegedly in breach of good taste and decency, responsible programming and children’s interests standards Findings Standard 1 (good taste and decency), Standard 8 (responsible programming), and Standard 9 (children’s interests) – image was fleeting, dark and relatively indistinct – promo did not contain any AO material – promo appropriately classified PGR and screened during Dr Phil – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 1. 30pm during Dr Phil, broadcast on TV3 on 22 and 23 September 2011, a promo for The Jono Project was shown, which contained a brief silhouette image of a woman bouncing up and down, apparently having sex....

Decisions
Hooker and TV3 Network Services Ltd - 2002-035
2002-035

Complaint Titus – "whore" – "ho" – offensive language – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] An episode of Titus was broadcast on TV3 at 8. 00pm on 22 October 2001. Titus is an American situation comedy series. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the use of the word "whore" in the programme breached standards relating to good taste and decency. He also considered that the broadcast had been incorrectly classified and that TV3 had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

Decisions
McBride and Television New Zealand Ltd - 1997-068
1997-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-068 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
W and Television New Zealand Ltd - 1998-168, 1998-169
1998-168–169

Summary Pictures of a crashed, burning light aeroplane, the only one of its kind in New Zealand, were shown on One Network News on 28 August 1998 beginning at 6. 00pm. It was reported that two people had been killed in the accident. W complained to Television New Zealand Ltd, the broadcaster, that the broadcast constituted a breach of privacy and good taste. She pointed out that as the widow of one of those killed, she had not at that stage been informed of the accident. She complained that in its haste to get the item to air, TVNZ had omitted to consider the feelings of the widows and families of the two men killed. She contended that it must have known that there had not been sufficient time to inform the families....

Decisions
Atkinson and Television New Zealand Ltd - 1998-130
1998-130

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson 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. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

Decisions
CC and DD and TV3 Network Services Ltd - 1999-055, 1999-056, 1999-057
1999-055–057

SummaryBlack Spots. White Crosses, a documentary programme broadcast on TV3 on 12 November 1998 at 8. 30pm, focussed on some factors which contributed to road fatalities on the Auckland-Waikato Highway. An interview with a truck driver who had been involved in a collision, and footage of the accident scene including some photographs, were shown when examining one accident in which a driver and his baby daughter had been killed. CC and DD complained to the Broadcasting Standards Authority under s. 8(1)(c) about the use of these photographs. They maintained that some aspects of the footage and the commentary were untrue, and breached their and their family’s privacy. CC also complained to TV3 Network Services Limited, the broadcaster, that the item was untrue in part, unfair, and intrusive and distressing. TV3 responded that the programme had increased public understanding of road fatalities, and used publicly-available facts....

Decisions
Harrison and Television New Zealand Ltd - 2009-061
2009-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Decisions
Hindu Council of New Zealand and Triangle Television Ltd - 2007-070
2007-070

Complaint under section 8(1)(a) of the Broadcasting Act 1989Darpan – report on first Hindu conference in New Zealand – allegedly in breach of law and order, privacy, balance, accuracy, fairness, programme classification, programme information and violence standards Findings Standard 2 (law and order) – report was not inconsistent with the maintenance of law and order – not upheld Standard 3 (privacy) – privacy standard relates to an individual – no individual specified by the complainant – not upheld Standard 4 (balance) – no controversial issue of public importance discussed in the item – balance standard did not apply – not upheld Standard 5 (accuracy) – Council spokesperson explained what the conference was about – viewers were made aware that the conference had a number of themes – viewers would not have been misled – not upheld Standard 6 (fairness) – report was a fair and accurate reflection of the event – not upheld Standard 7 (programme…...

Decisions
McArthur and CanWest TVWorks Ltd - 2005-111
2005-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Decisions
Murdoch and TVWorks Ltd - 2011-059
2011-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained racial comments, coarse language and sexual connotations – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – content amounted to legitimate humour/satire referencing current affairs issues – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and screened at 9. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 7 Days, a comedy programme in which two teams of comedians reviewed the week’s news stories, was broadcast at 9. 30pm on TV3 on Friday 1 April 2011....

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