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Archer and Television New Zealand Ltd - 1997-006
1997-006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-006 Dated the 23rd day of January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by N E ARCHER of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Henderson and Television New Zealand Ltd - 1999-078, 1999-079
1999-078–79

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Thorpe and CanWest TVWorks Ltd - 2006-077
2006-077

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item including pictures of the 9/11 attack on the Pentagon – allegedly inaccurate and in breach of programme information standardFindingsStandard 5 (accuracy) – decline to determine under s. 11(b) of the Broadcasting Act whether plane actually hit the Pentagon– item not misleading or inaccurate in any respect – not upheld Standard 8 (programme information) – graphic of plane was overt and did not constitute “subliminal perception” – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on 3 News at 6pm on 17 May 2006 included pictures of the 9/11 attack on the Pentagon which had just been released by the United States military. The segment stated that the release of these pictures “may fail to put to rest the many conspiracy theories that are surfacing on the internet”....

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
Whitfield and Māori Television - 2009-099
2009-099

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homai Te Pakipaki – singing contest – viewers had the opportunity to vote via text messaging for their favourite contestant – allegedly in breach of fairness, programme information and children’s interests standards FindingsStandard 6 (fairness) – programme clearly based on popularity with voters rather than talent – standard does not apply to viewers as they are not individuals taking part or referred to – not upheld Standard 8 (programme information) – conditions of voting were made clear – no evidence to suggest that viewers were deceived or disadvantaged – not upheld Standard 9 (children’s interests) – programme was not targeted at children – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Homai Te Pakipaki, a karaoke-style singing contest, was broadcast on Māori TV at 8....

Decisions
McArthur and Radio New Zealand Ltd - 2007-072
2007-072

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Checkpoint – report stated that Queenstown may face an energy crisis in the future – the words electricity, energy and power were used interchangeably – allegedly in breach of balance, fairness, accuracy and social responsibility standards Findings Principle 6 (accuracy) – item was not deceptive – listeners would not have been misled – not upheld Principle 4 (balance) – standard did not apply because the item did not discuss a controversial issue of public importance – not upheld Principle 5 (fairness) – standard did not apply – not upheld Principle 7 (social responsibility) – standard did not apply – not upheld This headnote does not form part of the decision....

Decisions
Samuel and Television New Zealand Ltd - 2008-121
2008-121

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Hotel Babylon – sex scene broadcast one minute after the Adults Only watershed – broadcaster upheld complaint under three standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency), 7 (programme classification) and 9 (children’s interests) – broadcaster upheld complaint under three standards and counselled appraiser – action taken sufficient This headnote does not form part of the decision. Broadcast [1] An episode of Hotel Babylon, a BBC drama following the lives of workers at a five-star hotel, was broadcast on TV One at 8. 30pm on Wednesday 1 October 2008. The programme’s introductory sequence at 8. 31pm included a five-second scene showing a couple having sex. No breasts or genitals were shown, and, although the woman’s naked back could be seen as she straddled a man in bed, her buttocks were covered with a sheet....

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....

Decisions
Kumar and The Radio Network Ltd - 2014-057
2014-057

Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....

Decisions
Narayan and Humm FM - 2014-119
2014-119

Summary [This summary does not form part of the decision. ]The song 'Anaconda' by Nicki Minaj was broadcast on Humm FM 106. 2, a Hindi radio station, at 3. 30pm on a weekday. The Authority upheld the complaint that the broadcast of the song, which contained swearing and sexually explicit language, at this time of day, on this station, would be unexpected and offensive to most listeners. Upheld: Good Taste and Decency, Responsible ProgrammingNo OrderIntroduction[1] Humm FM 106. 2, a radio station broadcast primarily in Hindi, featured a song (in English) called 'Anaconda' by American rapper Nicki Minaj. It contained swearing and sexually explicit language and was broadcast at about 3. 30pm on a Friday. [2] Jaswin Narayan complained that the song was 'loaded' with 'sexual content and language' that was 'completely inappropriate' for broadcast during the day....

Decisions
Milich and Television New Zealand Ltd - 2011-053
2011-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Decisions
Sharp and TV3 Network Services Ltd - 1993-053
1993-053

Download a PDF of Decision No. 1993-053:Sharp and TV3 Network Services Ltd - 1993-053 PDF274. 67 KB...

Decisions
Stowe and SKY Network Television Ltd - 2012-025
2012-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Prime News – pre-recorded BBC item reported on controversial comments by television presenter Jeremy Clarkson that striking workers should be shot – allegedly in breach of controversial issues, accuracy, fairness and responsible programming standards Findings Standard 5 (accuracy) – focus of the item was the comment made by Mr Clarkson which caused controversy – therefore not misleading to omit footage of other comments – not upheld Standard 4 (controversial issues) – item was a brief snapshot of the response to Mr Clarkson’s comments – did not amount to a discussion of a controversial issue that was of public importance in New Zealand – not upheld Standard 6 (fairness) – higher threshold for finding unfairness to public figure – Mr Clarkson was not treated unfairly – not upheld Standard 8 (responsible programming) – viewers were not disadvantaged or deceived by the clip of Mr Clarkson’s comments – not…...

Decisions
EP and Television New Zealand Ltd - 2014-038
2014-038

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

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
Ingram and The RadioWorks Ltd - 2000-064
2000-064

ComplaintTalkback – therapeutic remedy – editorial independence – advertorial – ethical issues FindingsPrinciple 4 – no uphold Principle 7 – host agreed with caller – reference to mainstream medical advice not necessarily required in context – no uphold This headnote does not form part of the decision. Summary A caller, who said her granddaughter had open weeping sores, asked the host on Radio Pacific for his views on the efficacy of colloidal silver and Celtic sea salt in treating her condition. The call was broadcast on 21 February 2000 at about 4. 10am on Radio Pacific. Christopher Ingram complained to The RadioWorks Ltd that the broadcast was not balanced and was irresponsible in not advising the caller to seek medical advice. In addition he expressed his concern about the sponsorship of the programme by a company which made alternative remedies....

Decisions
Christie and The Radio Network Ltd - 2011-060
2011-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hauraki Amped – promotion for the chance to win a trip to Bangkok with reference to the film The Hangover Part II – stated “Hauraki’s going to send you and two mates to get your own hangover in Thailand” – allegedly in breach of standards relating to responsible programming and liquor FindingsStandard 9 (liquor) – brief reference to getting a “hangover” clearly related to The Hangover Part II film – did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – comment acceptable in light of target audience – not upheld This headnote does not form part of the decision. Broadcast [1] Hauraki Amped, broadcast on Radio Hauraki at 11am on Sunday 1 May 2011, included an item promoting the chance to win a trip to Bangkok, the setting for the film The Hangover Part II....

Decisions
Edwards and Television New Zealand Ltd - 2014-109
2014-109

Summary [This summary does not form part of the decision]A ONE News item showed security footage of a violent attack on a liquor store worker by four men to assist police in identifying and apprehending the attackers. Two explicit warnings were given prior to the footage. The Authority did not uphold the complaint that the violence shown was gratuitous. It was an important news story aimed at identifying and catching the attackers and was accompanied by clear warnings from the broadcaster. Not Upheld: Good Taste and Decency, Violence, Responsible ProgrammingIntroduction[1] A ONE News item showed a violent attack on a liquor store worker by four men. The security footage showed the store worker being punched, kicked and dragged across the store, having a bottle of spirits smashed over his head and being kicked in the head as he lay on the ground....

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
Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051
1992-046–051

Download a PDF of Decision No. 1992-046–051:Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051 PDF1. 94 MB...

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