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Decisions
Hamilton and Television New Zealand Ltd - 2011-085
2011-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Packed to the Rafters – woman briefly put her hand down the front of her boyfriend’s pants, who jumped and exclaimed “You’ve got chilli on your hands! ” – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – scene was fleeting and playful – intended to be humorous rather than sexual – contextual factors – not upheld Standard 8 (responsible programming) – content was not unsuitable for supervised child viewers – promo correctly rated PGR and screened during Coronation Street – not upheld Standard 9 (children’s interests) – promo did not contain AO material and would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Georgeson and Television New Zealand Ltd - 1993-005
1993-005

Download a PDF of Decision No. 1993-005:Georgeson and Television New Zealand Ltd - 1993-005 PDF365. 46 KB...

Decisions
Bayfield Kindergarten and 3 Others and Television New Zealand Ltd - 1994-081–1994-084
1994-081–084

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 81/94 Decision No: 82/94 Decision No: 83/94 Decision No: 84/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BAYFIELD KINDERGARTEN of Dunedin CAROLYN BARR of Te Puke CHILDREN'S MEDIA WATCH of Auckland MOSGIEL CENTRAL KINDERGARTEN of Mosgiel Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
McLauchlan and TV3 Network Services Ltd - 1995-028
1995-028

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 28/95 Dated the 11th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MCLAUCHLAN of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Sundborn and TVWorks Ltd - 2010-044
2010-044

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Decisions
Cavill and TVWorks Ltd - 2009-109
2009-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the effects the recession was having on the adult entertainment industry – contained footage from “Boobs on Bikes” parade – included footage of a male stripper, a topless woman covered in body paint and three women dancing provocatively with one another – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – majority – footage of male stripper and women dancing provocatively was marginal – contextual factors – not upheld Standard 9 (children’s interests) – majority – item’s introduction gave adequate warning to parents and caregivers to exercise discretion – upholding the complaint would be an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision....

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
Harang and TV3 Network Services Ltd - 1999-155
1999-155

Summary A documentary about the naturist movement in New Zealand, entitled Inside New Zealand: Nude Zealand, was broadcast on TV3 on 16 June 1999, commencing at 8. 30 pm. It contained footage of naked men and women, including breasts and male genitalia. Kristian Harang complained to TV3 Network Services Limited, the broadcaster, that the broadcast portrayed nudity as normal, whereas very few people in New Zealand were nudists and many would object to nudity being screened in their homes. The numerous scenes of naked men and women, and male genitals, in family viewing time would have a detrimental effect on children and young people, he wrote. TV3 responded that the documentary was preceded by a written and verbal warning, and screened in AO time. The programme’s depiction of nudity was innocent and non-sexual, it wrote, and portrayed the naturists’ bodies matter-of-factly....

Decisions
Zacharias and TV3 Network Services Ltd - 2000-085
2000-085

Complaint3 News – comment by sports presenter about player "milking" injury – incident during rugby matchFindings(1) Standard G14 – interpretation acceptable – no uphold (2) Standard G4 – not unfair in context – no uphold This headnote does not form part of the decision. Summary During a sports item on 3 News about a head-high tackle which had occurred during a rugby match, the sports presenter commented that the tackled player’s team-mates were "quick to ensure he milked it for all it was worth". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 12 March 2000. Mathew Zacharias complained to TV3 Network Services Ltd, the broadcaster, that the item had breached numerous broadcasting standards....

Decisions
Stanton and Television New Zealand Ltd - 1998-097
1998-097

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton 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....

Decisions
Children's Media Watch and TV3 Network Services Ltd and TV4 Network Ltd - 2002-110–114
2002-110–114

ComplaintPromos – Cyberzone – Angel – Star Hunter – Freakylinks – The Strip – nudity – undressing – scary faces – stripping – unsuitable for children – promos for AO programmes screened in G and PGR time bands FindingsStandard 1 – context including programme in which promo broadcast – no uphold in each case Standard 9 – adult themes and adult language in promo for The Strip broadcast in G time slot – uphold; other promos complied with PGR rating No Order This headnote does not form part of the decision. Summary [1] A promo for Cyberzone was broadcast during 7th Heaven screened on TV4 between 7. 30–8. 30pm on 10 April 2002. Promos for Angel, Star Hunter and Freakylinks were broadcast during 7th Heaven screened at the same time on 17 April. A promo for The Strip was broadcast during 3 News screened on TV3 between 6. 00–7....

Decisions
Fabian and CanWest TVWorks Ltd - 2007-001
2007-001

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

Decisions
Denham and CanWest TVWorks Ltd - 2006-071
2006-071

Complaint under section 8(1)(a) of the Broadcasting Act 1989Intellectual Property – video clip showed people in a laundromat using washing machines and dryers for unorthodox purposes – showed a boy taking a dog out of a washing machine and placing it into a dryer – allegedly in breach of good taste and decency, children’s interests and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – not broadcast during “children’s normally accepted viewing times” – standard does not apply – not upheld Standard 10 (violence) – placing dog in a dryer was not an act of violence to which the standard applies – not upheldThis headnote does not form part of the decision. Broadcast [1] The video clip for a song entitled “The Blues are Still Blue”, by Belle and Sebastian, was broadcast on C4 on Intellectual Property at approximately 10....

Decisions
Jackson and Television New Zealand Ltd - 2010-122
2010-122

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with female porn star about her thoughts on feminism and sexuality – included footage of porn star wearing lingerie and clips from her pornographic movies – broadcaster upheld complaint under good taste and decency and children’s interests standards – action taken allegedly insufficient FindingsAction taken – Standards 1 (good taste and decency) and 9 (children’s interests) – serious breach of good taste and decency and children’s interests standards – action taken by broadcaster was insufficient – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – costs to the Crown of $3,000 This headnote does not form part of the decision. Broadcast [1] During an episode of Close Up, broadcast on TV One at 7pm on 11 August 2010, a reporter interviewed a female porn star, Nina Hartley, about her life and thoughts on feminism and sexuality....

Decisions
Fowlie and Television New Zealand Ltd - 1996-002
1996-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-002 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN FOWLIE of Paeroa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Fraser and TV3 Network Services Ltd - 1996-111, 1996-112
1996-111

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-111 Decision No: 1996-112 Dated the 12th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by M FRASER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Fletcher and Television New Zealand Ltd - 2005-119
2005-119

Complaint under section 8(1)(a) of the Broadcasting Act 1989Desperate Housewives – promo – shown at 8. 00pm during G-rated NZ Idol – sexual images and dialogue – promo allegedly unsuitable for screening during G-rated host programme and allegedly in breach of children’s interestsFindingsStandard 7 (programme classification) – majority of view that promo’s rating should have been PGR – AO according to minority – screened during G-rated host programme – upheld Standard 9 (children’s interests) – majority – material in promo discreet – sufficiently acknowledged children’s interests – minority – promo should have been rated AO – unsuitable for children – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for Desperate Housewives was broadcast on TV2 at about 8. 00pm on 22 August 2005. It was screened during the G-rated programme NZ Idol. The promo was rated G by the broadcaster....

Decisions
Hausmann and Television New Zealand Ltd - 2000-023
2000-023

Summary An interview with a bisexual author of erotic books was included in 60 Minutes broadcast on TV One on 31 October 1999 between 7. 30–8. 30pm. The woman described herself as "an amateur sexologist" and explained how she had become an expert on the subject of erotica. Mr Hausmann complained to Television New Zealand Ltd, the broadcaster, that the material was pornographic, breached the good taste standard and was unsuitable to be shown at a time when younger viewers could be watching. He also maintained that the item lacked balance because it did not show the serious downside of what he termed sexual addiction. TVNZ responded that the programme had profiled a New Zealand woman who had been approached by a publisher to produce a work on female erotica. It suggested that the complainant had made an unfair assumption by concluding that the woman had a sexual addiction....

Decisions
Gale and Television New Zealand Ltd - 1997-064
1997-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-064 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD GALE of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

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