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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-110 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN MOIR of Dunedin TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Wolf Creek – horror film contained drugging, sexual violence, torture and murder – allegedly in breach of good taste and decency, children’s interests and violence standards Findings Standard 10 (violence) – extremely disturbing violence – inadequate classification and warning – upheld Standard 9 (children’s interests) – outside children’s normally accepted viewing times – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] Wolf Creek, an Australian horror film, was broadcast on TV2 at 8. 30pm on Tuesday 11 March 2007. In the film, two women, Lizzy and Kristy, and their friend, Ben, travelled together to visit the meteorite crater at Wolf Creek National Park. When they returned from the crater, they discovered their car would not go....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – allegedly in breach of programme classification and violence standards Findings Standard 7 (programme classification) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld Standard 10 (violence) – violence went beyond PGR classification – inadequate warning – broadcaster did not exercise sufficient care – upheld No Order This headnote does not form part of the decision. Broadcast [1] The first episode of Shortland Street for 2009 was broadcast on TV2 at 7pm on Monday 19 January. It began with a brief recap of the final episode from 2008, in which one of the characters, Ethan Pearce, was shot in his home. Ethan was shown covered in blood struggling to move out through his yard and onto a beach, where he died....

SummaryAn item on Real TV, broadcast on TV3 on 14 July 1998 commencing at 9. 30 pm, focussed on an accident at Western Springs Speedway in 1997 when parts of a racing car broke away, flew among the spectators and injured a number of people. The item included footage of an injured child being assisted after the accident, and an interview with the child’s mother. Ms Mansson, the mother of the child, complained to TV3 Network Services Limited, the broadcaster, about the use of the footage which had originally been filmed for news coverage. She wrote that the accident had been a frightening and life threatening experience, the memories of which continued to mentally and physically affect her family. The repeated use of the footage had added to the family’s ongoing distress, she contended....

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-170 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOUGLAS JENKIN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint60 Minutes – promo – clip of Norm Hewitt – use of word "shit" – offensive language – breach of good taste and decency – breach of classification codes and time bands – not mindful of the effect on children – explicit material unacceptable in a promo FindingsStandard G2 – quietly used vernacular figure of speech – context – no uphold Standard G8 – appropriate classification – no uphold Standard G12 – important social message for younger viewers – no uphold Standard G24 – no violence or other explicit material – not relevant This headnote does not form part of the decision. Summary [1] A promo for the current affairs programme 60 Minutes contained a 30-second clip of professional rugby player, Norm Hewitt. It was broadcast on 20 October 2001 at 6. 35pm during One News....

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...

Download a PDF of Decision No. 1992-017:Buck and Television New Zealand Ltd - 1992-017 PDF361. 78 KB...

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for The Vampire Diaries – broadcast during a G-rated programme at 4. 55pm – contained shots of vampires and people kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standardsFindingsStandard 8 (responsible programming) – images in the promo very brief and dark – would not have left a lasting impression likely to disturb or alarm child viewers – correctly rated G – not upheld Standard 9 (children’s interests) – promo unlikely to disturb or alarm children – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – promo was fleeting and inexplicit – not upheld Standard 10 (violence) – promo did not contain any violence – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about massacre of about 80 people in northern Kenya including 22 children – allegedly unnecessarily graphic and excessively violent, and breached children’s interestsFindingsStandard 9 and guidelines 9a, 9e, and 9f (children’s interests) – introduction provided signpost and themes handled with discretion – not upheld Standard 10 and guideline 10g (violence) – discretion shown to exclude graphic material – not upheldThis headnote does not form part of the decision. Broadcast [1] A massacre in northern Kenya in which about 80 people were killed, including 22 children, was covered in a news item broadcast on One News on TV One beginning at 6. 00pm on 16 July 2005. Complaint [2] On behalf of Viewers for Television Excellence Inc....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – female character struck gang leader on the head with a hammer – later kicked him repeatedly as he was tied up on the ground – allegedly in breach of violence and programme classification standards Findings Standard 7 (programme classification) – violence was graphic and realistic – deserved higher classification – upheld Standard 10 (violence) – violence went beyond PGR classification – warning inadequate – broadcaster did not exercise sufficient care – upheld This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 20 January 2009. It began with a brief recap of violence that had taken place in the previous episode, continuing a long-running storyline concerning gang crime....

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]A promo for NCIS and NCIS: LA showed scenes of guns being fired, photos of a dead body and someone getting punched in the face, among other things. The Authority upheld a complaint that the broadcast did not adequately consider children's interests. The content was not suitable for unsupervised child viewers, so the promo should have received a higher classification than G (for general audiences). On this basis the Authority found that the promo also breached the violence standard, as the broadcaster did not exercise adequate care and discretion when dealing with violent content. Upheld: Children's Interests, ViolenceOrder: Section 16(4) – $500 costs to the Crown Introduction[1] A promo for NCIS and NCIS: LA showed scenes of guns being fired, photos of a dead body and someone getting punched in the face, among other things....

Download a PDF of Decision No. 1993-078:Miller and Television New Zealand Ltd - 1993-078 PDF659. 74 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News At 4. 30 – report on a suicide bombing in Sri Lanka – showed footage of moments before and after the explosion – allegedly in breach of children’s interests and violence standards Findings Standard 9 (children's interests) and Standard 10 (violence) – no graphic material – appropriate warning given – complainant mistaken about content of item – broadcaster sufficiently considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News At 4. 30, broadcast on TV One at 4. 30pm on Wednesday 11 March 2009, reported that "dramatic pictures have emerged showing the moments just before a deadly suicide bombing attack on Muslims in Sri Lanka". The presenter warned viewers that "you may find the pictures disturbing"....

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....