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MacPherson and TV3 Network Services Ltd - 1997-155
1997-155

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-155 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MACPHERSON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R M McLeod J Withers...

Decisions
Whitham and TV3 Network Services Ltd - 1999-178
1999-178

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

Decisions
Warwick and TVWorks Ltd - 2013-089
2013-089

Summary [This summary does not form part of the decision. ]An item on 3 News which reported on a shooting massacre in a Kenyan Mall included footage of a man trying to hide, and then being shot at point blank range. The newsreader warned that the story contained ‘disturbing images’. The Authority upheld the complaint that this warning was inadequate to prepare viewers for witnessing a horrific execution. While recognising the very high public interest in the story and in the footage, viewers were not given a reasonable opportunity to exercise discretion or make a different viewing choice. The Authority did not make any order, as the decision provides sufficient guidance to broadcasters....

Decisions
Petherick and Television New Zealand Ltd - 2011-054
2011-054

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989TVNZ News Now – item contained footage of teenage girl beating another and two girls fighting – item was not preceded by a warning – broadcaster upheld the complaint under responsible programming, children’s interests and violence standards – action taken allegedly insufficient FindingsStandard 8 (responsible programming), Standard 9 (children’s interests) and Standard 10 (violence) – item carried a high level of public interest and would have been acceptable for broadcast if preceded by a warning – TVNZ correct to uphold the complaint but action taken was sufficient in the circumstances – not upheld This headnote does not form part of the decision. Broadcast [1] During TVNZ News Now, broadcast on TVNZ 7 at 8am on Sunday 27 March 2011, the news reader introduced a story, saying: There’s serious concern from schools about the rise in physical violence among teenage girls....

Decisions
McDonald and Mediaworks TV Ltd - 2019-076 (4 February 2020)
2019-076

The Authority declined to determine a complaint about a news item featuring an eleven year old boy who won a trip to go to a Rugby World Cup 2019 game in Japan with Richie McCaw. The Authority was unable to identify any elements in the broadcast that would raise any concerns under the standards raised. The Authority declined to determine the complaint on the basis it was frivolous and trivial.   Decline to determine: Good Taste and Decency, Children’s Interests, Violence, Alcohol, Accuracy...

Decisions
Sharland and Sky Network Television Ltd - 2021-099 (27 October 2021)
2021-099

The Authority has not upheld a complaint that footage of spectators fighting during the half-time of the EURO 2020 final breached the violence standard. The Authority found the broadcast was justified by its context. Live sporting events are not subject to classification. The item was a live international feed where the broadcaster had limited editorial control, the content was not particularly graphic and the commentators indicated their disapproval of the violence. Not Upheld: Violence...

Decisions
O’Hagan and MediaWorks Radio Ltd - 2021-136 (25 January 2022)
2021-136

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

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
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Decisions
Millar and Television New Zealand Ltd - 2022-060 (19 October 2022)
2022-060

Warning: This decision contains content that some readers may find distressing. An item on 1 News reporting on a mass shooting in Buffalo, US, showed an edited clip from the attacker’s livestream video. The clip, approximately 16 seconds long and without audio, showed the masked attacker driving into the supermarket carpark, stopping his vehicle, getting out of the car and raising a gun. The complaint alleged the broadcast of the clip breached the good taste and decency, violence, and law and order broadcasting standards....

Decisions
Gibson and Discovery NZ Limited - 2021-096 (27 October 2021)
2021-096

A promo of Killer Couples was aired during the programme Drop Dead Fred at 7. 49pm. The Authority did not uphold a complaint the promo breached the good taste and decency, children’s interests and violence standards. The Authority found the promo was unlikely to cause widespread undue offence or distress and did not go beyond what was expected in a PG classification. It also found the promo did not include any violent content as envisaged by the violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
Stockwell and Television New Zealand Ltd - 2009-078
2009-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Decisions
Children's Media Watch and TV3 Network Services Ltd - 1997-020
1997-020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-020 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHILDREN'S MEDIA WATCH of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Adam & Crawford and Radio New Zealand Ltd - 2022-067 (27 February 2023)
2022-067

Warning — This decision contains references to sexual violence. The Authority has not upheld complaints an interview on Saturday Morning between Kim Hill and Dr Kathleen Stock, a gender critical philosopher, breached broadcasting standards, including the discrimination and denigration, balance and accuracy standards. The broadcast discussed Dr Stock’s perspective on gender identity and her experiences resulting from voicing her perspective, having resigned from her position following a student campaign that accused her of transphobia. The Authority acknowledged the potential harm of the interview, but ultimately found the importance of freedom of expression outweighed any harm caused. The broadcast was clearly signalled as presenting Dr Stock’s perspective, to which she was entitled, and throughout the interview Hill challenged Dr Stock’s views, leaving the audience with a more balanced impression on the issue....

Decisions
Judge and Television New Zealand Ltd - 2021-074 (22 September 2021)
2021-074

The Authority has not upheld a complaint about a promo which contained a joke that New Zealand’s duck hunting season had been off to a bad start because ‘someone accidentally shot Trevor Mallard’. Viewers would have understood the comment as a joke, and it was unlikely to cause widespread undue offence or encourage illegal activity, nor did it contain unduly disturbing violent content. Not Upheld: Good Taste and Decency, Violence, Law and Order...

Decisions
Singh and Television New Zealand Ltd - ID2019-050 (30 September 2019)
ID2019-050

The Authority received a complaint about a promo for a scheduled programme Seven Sharp which was viewed on TVNZ’s Facebook page. The Authority declined to determine the complaint under s11(b) of the Broadcasting Act 1989. The Authority acknowledged that it raised complex issues of jurisdiction arising from the online environment, which had not yet been determined by the Authority. Taking into account its assessment of the substance of the complaint, which it considered was unlikely to result in a finding of a breach of standards, the Authority declined to determine the complaint. Declined to determine: Violence, Law and Order, Discrimination and Denigration...

Decisions
Boulton and NZME Radio Ltd - 2022-043 (2 August 2022)
2022-043

During the programme Tim Roxborogh & Tim Beveridge Afternoons, the hosts discussed Russia’s recent invasion of Ukraine. In response to Roxborogh’s question of ‘how do you stop Putin? ’ Beveridge answered that the only thing would be ‘…a bullet to the back of Putin’s head. He has to be taken out by someone. ’ The complainant alleged that these comments breached the good taste and decency, violence, law and order, and fairness standards as they incited violence. The Authority did not uphold the complaint, finding the comments did not reach a threshold justifying regulatory intervention. In particular, the Authority noted the comments did not amount to a threat or call to action, were not likely to incite action against President Putin, and were made in the context of a discussion about President Putin’s invasion of Ukraine, which has led to significant loss of life and the displacement of Ukrainians....

Decisions
Rape Prevention Group and 6 Others and SKY Network Television Ltd - 1995-116–1995-125
1995-116–125

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision Nos: 116/95 - 125/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RAPE PREVENTION GROUP (4) of Christchurch H SUTHERLAND of Christchurch F MAWSON of Christchurch JOHANNES PATER of Christchurch STEPHANIE JOHNSON of Christchurch MURRAY JOHNSON of Christchurch S FINDLAY of Christchurch SKY NETWORK TELEVISION LIMITED Broadcaster J M Potter Chairperson L M Loates R McLeod...

Decisions
Rush and TV3 Network Services Ltd - 1994-047
1994-047

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 47/94 Dated the 30th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN RUSH of Gisborne Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Hadfield and Television New Zealand Ltd - 2002-100–104
2002-100–104

ComplaintsPromos – Mercy Peak x 3 – The Swap x 1 – Bad Girls x 1 – offensive language – classification – violence – two aspects of one complaint upheld by TVNZ – excessive violence and wrongly classified – reasons for promos advanced by TVNZ as informing and attracting viewers by using interesting and intriguing sequences FindingsStandard 1 and Guideline 1a, Standard 7 and Guideline 7b, Standard 10 and Guideline 10c – five promos did not contain offensive language or offensive behaviour – no uphold; the four promos contained minimal violence and were not inappropriately classified – no uphold This headnote does not form part of the decision. Summary [1] Promos for Mercy Peak, The Swap and Bad Girls were broadcast by TVNZ at various times and on different days in April 2002....

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