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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989True Stories Uncut: Tantastic – contained shots of naked man – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was not titillating or salacious – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A documentary titled True Stories Uncut: Tantastic was broadcast on Prime Television at 9. 35pm on Friday 30 January 2009. The programme spoke to a number of people, described as “tanorexics”, who were obsessed with tanning, either naturally or through the use of sun beds or spray tans in salons. [2] At approximately 9. 55pm, the programme featured a middle-aged man who liked to sunbathe naked. He was shown undressing then lying naked in his backyard, mowing the lawns naked, and then walking down a beach naked....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Prime News – report on prediction that goods and services tax and personal tax rates may need to be raised – contained comment from tax expert – allegedly inaccurate Findings Standard 5 (accuracy) – statements were general and clearly distinguishable as opinion – not subject to the accuracy standard – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Prime News, broadcast on Prime TV at 5. 30pm on Monday 20 October 2008, reported on a prediction that goods and services tax (GST) and personal tax rates may need to be raised due to the global economic crisis and expensive election promises. [2] The presenter introduced the item by saying: National and Labour have dismissed suggestions that personal income tax and GST have to rise....

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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Shot at Love II with Tila Tequila – reality dating show where a bisexual woman dated 15 men and 15 women – allegedly in breach of children’s standard and classification and warning standardFindings Standard P1 (Content classification, warning and filtering) – programme borderline 16 but appropriately classified M – did not require S warning label – not upheldStandard P3 (Children) – not targeted at children or screened adjacent to content aimed at children – not upheldThis headnote does not form part of the decision. Broadcast[1] A Shot at Love II with Tila Tequila was the second series of a reality television dating game show starring bisexual American internet celebrity Tila Tequila....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Australian Tennis Open – some footage included a “Live” watermark even though the matches had already been played – allegedly inaccurateFindings Standard P8 (accuracy) – not a “significant error of fact” – not upheldThis headnote does not form part of the decision. Broadcast[1] From 14 to 27 January 2008, footage of the Australian Tennis Open was broadcast on SKY Sport 2 between 1pm and 12am. Between matches that were broadcast live, historical footage, simultaneous matches, and highlights from matches which had already taken place were screened to fill in the scheduled breaks. Some of these were introduced by commentators as footage that was filling the time between matches, or identified as games that had already been played earlier in the tournament. For example:. . . Later on, we’ve got the second of the men’s singles semi-finals. . ....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Prime News – news item repeated footage of a high tackle 12 times – allegedly in breach of violence standard Findings Standard 10 (violence) – item did not contain gratuitous violence – footage was repeated to allow viewers to decide for themselves if the player had intended to make the high tackle – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Prime News at 5. 50 pm on 16 August 2007, reported that a rugby league player had been found guilty of a reckless tackle by the Australian National Rugby League judiciary and had been suspended for seven games. During the course of the item, footage of the high tackle was shown 12 times....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Crowd Goes Wild – included review of Soccer World Cup game between Portugal and the Netherlands – one presenter used phrase “Filthy Dutchman” four or five times – allegedly denigratory and in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – subsumed under Standard 6 – denigration of Dutch was essence of complaint – not upheld Standard 6 and Guideline 6g (denigration) – high threshold for denigration not met – not upheld. This headnote does not form part of the decision. Broadcast [1] The Crowd Goes Wild, broadcast on weekdays by Prime at 7. 00pm, is hosted by two presenters who take a light-hearted approach to recent sporting events....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Parliamentary Question Time – showed Deputy Prime Minister at times when he was not answering or asking questions – allegedly unbalancedFindingsStandard S6 (balance) – programme did not approach the proceedings from any particular perspective – balance not required – not upheldThis headnote does not form part of the decision. Broadcast[1] Coverage of Parliamentary Question Time was broadcast on Sky News at 2pm on 7 April 2005. Complaint[2] Michael Gibson complained that the broadcast was unbalanced because it focused on the Deputy Prime Minister, Dr Michael Cullen, at times when he was not asking or answering questions. The coverage had shown Dr Cullen “grinning and derisively showing a dismissive attitude towards the Opposition”, he said. [3] Mr Gibson argued that the broadcaster had broken the same rules which had caused TV3 to be banned from filming in Parliament recently....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The 5th Wheel – two broadcasts – overt sexual content and nudity – allegedly bad taste – allegedly inadequately classified – allegedly unacceptable themes for childrenFindings Standard S2 (good taste and decency) – context – complaint about 6. 30pm broadcast upheldStandard S2 (good taste and decency) – context – complaint about 1. 20pm broadcast not upheldStandard S20 (children) – complaint about 6. 30pm broadcast – unacceptable for broadcast during children’s normally accepted viewing times – upheldStandard S20 (children) – complaint about 1. 20pm broadcast not upheldOrder Section 16(4) – $1,500 costs to the CrownThis headnote does not form part of the decision. Broadcast[1] An episode of The 5th Wheel, an American dating show which featured overt sexual content, was broadcast on Sky1 at 6. 30pm on 9 February 2004 and repeated on 10 February 2004 at 1. 20pm....

ComplaintEmmanuelle 7 – adult movie – rape scene – offensive Findings Standard S2 – eroticised rape scene – unacceptable in context of adult movie – upheld Standard S29 – rape theme not treated with utmost care – upheldNo OrderThis headnote does not form part of the decision. Summary[1] The adult movie Emmanuelle 7 was screened at 12. 30am on 13 September 2003 on SKY 1. The movie is rated “18”. [2] Rudy Hueting complained to SKY Network Television Ltd, the broadcaster, that a rape scene in the movie was unsuitable for broadcast. [3] Declining to uphold the complaint, SKY maintained that in context the scene did not offend against broadcasting standards relating to good taste and decency or programmes which have rape as a theme. [4] Dissatisfied with SKY's decision, Mr Hueting referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintSky Television Rugby Channel – All Black vs. Springboks match – replay of opening try – commentator said “Well, so slick, so smooth, almost a Brazilian…Ronaldo-ish” – offensiveFindingsStandard S2 – throwaway line – not offensive to majority of viewers – no uphold This headnote does not form part of the decision. Summary[1] A rugby match between New Zealand and South Africa was broadcast live on Sky Television Rugby Channel at approximately 7. 30pm on 9 August 2003. The commentator, Murray Mexted, said, during the replay of the All Blacks opening try: “Well so slick, so smooth almost a Brazilian … Ronaldo-ish”. [2] Kristin Hoskin complained to Sky Network Television Ltd, the broadcaster, that the comment was offensive. [3] When the broadcaster failed to respond to her formal complaint, Ms Hoskin referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

ComplaintThe Mating Habits of the Earthbound Human – film – unsuitable for children – 7. 00pmFindingsStandard S2 – context – similar to Shortland Street broadcast at same time – no upholdStandards S20 and S23 – film unlikely to attract young children – not normal viewing time for young children alone – no upholdThis headnote does not form part of the decision. Summary[1] The Mating Habits of the Earthbound Human was screened on the Sky Movie Channel at 7. 00pm on 14 January 2002. The film dealt with human sexuality from the perspective of an alien and the mating habits are narrated in the style of a wildlife documentary. [2] J F Stevenson complained to Sky Network Television Ltd, the broadcaster, that given the contents of the film, it was screened at an inappropriate time....

ComplaintCommando – film – screened at 1. 15pm – violent – unsuitable for children – inappropriately classifiedFindingsStandard S20 – unacceptable violence – upholdStandard S22 – some violence involving a child – upholdStandard S23 – violence and language unsuitable at that time – upholdStandard S26 – extreme methods not capable of easy imitation – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] The film Commando was screened at 1. 15pm on 15 December 2001 on the Sky Movie Channel. Rated "M", the film is of the action genre and starred Arnold Schwarzenneger. [2] Lewis Martin complained to Sky Network Television Ltd, the broadcaster, that in view of the quantity and explicitness of the violence, it was unsuitable for children and should have been classified as "18"....

ComplaintThe Lions: Up Close and Personal – documentary series following The Lions’ 2001 rugby tour of Australia – team members filmed off field, on sideline, in dressing room – use of language including "bugger" and "fuck" – breach of good taste and decency FindingsS. 4(1)(a) – language acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] The Lions: Up Close and Personal was a four-part documentary series which followed The Lions representative rugby team during its 10-match tour of Australia in 2001. It was broadcast on Prime Television during November and December 2001. [2] Paul Schwabe complained to Prime Television New Zealand Ltd, the broadcaster, that the use of language including "bugger" and "fuck" during the episode broadcast on 18 November 2001 at 8. 35pm was contrary to good taste and decency....

ComplaintBulworth – film – two screenings – obscene language – fuck – cock sucker FindingsStandard S2 – context – no upholdThis headnote does not form part of the decision. Summary[1] The film Bulworth, a political satire, was broadcast on Sky Movie Max at 6. 10pm on 13 June 2001 and at 4. 40pm on 18 June 2001. It contained a scene during which a young boy swore at a police officer and called him a "fucking pig cock sucker". [2] Phillip Smits complained to Sky Network Television Limited, the broadcaster, that the language was "obscene". [3] Sky did not uphold the complaints. It considered that the language used, when considered in context, did not breach currently accepted norms of decency and taste in language. [4] Dissatisfied with Sky’s response, Mr Smits referred the complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintSky Digital programme guide – English Premier League – incorrect promo of forthcoming game – Standard A9 – upheld by broadcaster – action taken insufficient FindingsAction taken – explanation and apology – sufficient – no upholdThis headnote does not form part of the decision. SummaryA live game from the Premier Football League in England is broadcast each Monday at 2. 55am on Sky Sports 2. The programme guide screened on Sky Digital at 6. 00pm on Sunday 22 April advised that the advertised game would not be broadcast the following morning as the game was not being played. Mr Darcy complained to Sky Network Television Ltd, the broadcaster, that the guide was incorrect. The game he had been expecting to watch was in fact played, in New Zealand time, at 2. 55am on Monday 23 April. In response, Sky upheld the complaint....

ComplaintSky Digital Juice Channel 21 – music video – "My Favourite Game" by The Cardigans – lead member driving dangerously while singing – encouraging young people to drive dangerouslyFindingsStandard S2 – content not unsuitable for broadcast in context – no upholdStandard S5 – no disrespect shown for principles of law – no upholdThis headnote does not form part of the decision. SummaryThe music video "My Favourite Game" by The Cardigans, was broadcast on the Sky Digital Juice Channel 21 on 9 April 2001 at 10. 50pm. The video depicts the lead singer driving a convertible car along a desert highway. The singer places a rock on the accelerator to keep the pedal down, and is seen at various stages using her feet to turn the steering wheel. Her driving causes other car drivers to crash their cars on the highway....

Complaint"A Tale of Tofu" – National Geographic documentary – unbalanced coverage of controversial topic – inaccurate FindingsSection 4(1)(d) – item dealt with tofu’s cheapness, versatility and availability, not health issues – not controversial topic – no uphold This headnote does not form part of the decision. Summary "A Tale of Tofu" was broadcast by Sky Network Television Ltd on the National Geographic channel on 8 October 2000 at midday. It provided a cultural and historical overview of the role of tofu in Chinese life. Mr R F James complained to Sky Network Television that the broadcast was unbalanced because it presented tofu in a positive light, and failed to acknowledge that there was a significant body of evidence which showed that it was not healthy, and that it posed irreversible dangers to consumers....

ComplaintPrime Living – magazine programme – incidental alcohol promotion – liquor promotion on backdrops and props – complaint upheld by broadcaster FindingsStandard A3 – presenter wearing clothing carrying name of beer – uphold appropriate – now robust complaints procedure – action sufficient Standard A4 – presenter’s clothing not backdrop or prop – not uphold No Order This headnote does not form part of the decision. Summary Prime Living, a magazine programme, is broadcast each weekday by Prime Television. During the episode broadcast in the Waikato on 15 October 1999 between noon–1. 00pm, the presenter wore a rugby jersey bearing the words "Waikato Draught". The Complaints Secretary (Cliff Turner) for the Group Against Liquor Advertising (GALA) complained to Prime Television New Zealand Ltd that the broadcast breached the standards relating to the incidental promotion of liquor, and to the use of liquor promotions on backdrops and props....