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Campbell and Television New Zealand Ltd - 2006-082
2006-082

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about 14-year-old boy accused of throwing eight kilogram slab of concrete from motorway bridge killing a motorist – boy had been granted name suppression – name of accused was shown for approximately five seconds written on a folder – complaint that broadcaster had breached name suppression order – broadcaster upheld complaint under law and order standard – complainant dissatisfied with action takenFindingsDecline to determine complaint pursuant to section 11(b) of the Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] A One News item broadcast on TV One at 6pm on 3 July 2006 discussed a court case involving a youth accused of throwing an eight kilogram slab of concrete from a motorway bridge, killing a passing motorist....

Decisions
Bon and Television New Zealand Ltd - 2001-051
2001-051

ComplaintReel Life: Thalidomide – A Necessary Evil – documentary – Dr Nigel Brown claims no evidence that any chemical which causes a birth defect in one generation can also cause defects in subsequent generations – inaccurate FindingsStandard G1 – legitimate expression of scientific opinion – no uphold This headnote does not form part of the decision. Summary A Reel Life documentary broadcast on TV One on 9 March 2001 between 9. 45pm and 10. 45pm, entitled Thalidomide – A Necessary Evil, examined the reappearance of thalidomide as an apparently effective drug in the treatment of a variety of illnesses including leprosy. During the course of the programme, Dr Nigel Brown from St George’s Hospital in London commented to the effect that there was no evidence that any chemical, including thalidomide, which had caused a birth defect in one generation could be blamed for similar defects in subsequent generations....

Decisions
Nesdale and Television New Zealand Ltd - 2001-112
2001-112

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – assessment of context required by standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits bordered on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 5 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Grant Nesdale complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He argued that television should "upgrade" values, rather than denigrate them. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It also said that television’s role was to reflect society’s values....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2004-197
2004-197

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item regarding the death of actress Janet Leigh who starred in the movie “Psycho” – segment included the scene in which her character was stabbed to death in the shower – allegedly contrary to children’s interestsFindingsStandard 9 (children’s interests) – clearly identified film clip – not realistic – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 October 2004 reported on the death of actress Janet Leigh, who had starred in the Alfred Hitchcock thriller “Psycho”. The segment included a scene from that movie in which Ms Leigh’s character was stabbed to death in the shower. Complaint [2] On behalf of Viewers for Television Excellence Inc....

Decisions
McGrath and Television New Zealand Ltd - 2003-015
2003-015

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

Decisions
McCartain and Angus and The Radio Network Ltd - 2002-152
2002-152

ComplaintPaul Holmes Breakfast on Newstalk ZB – derogatory comment about Catholic Church and the Pope FindingsPrinciple 7 and Guideline 7a – intemperate and populist contribution to global debate – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Referring to some recent publicity about priests who were paedophiles, the host of Paul Holmes Breakfast on Newstalk ZB made some highly critical comments about the Catholic Church and the Pope, including describing the Church as rotten to its core. The comments were broadcast at about 8. 20am on 1 July 2002. [2] Kathleen and Patrick McCartain, and Irene Angus, complained to The Radio Network Ltd (TRN), the broadcaster, that while they accepted critical opinion, they did not accept comments in which their faith and beliefs were "ridiculed so blatantly"....

Decisions
McElwain and Radio New Zealand Ltd - 2002-209
2002-209

ComplaintNational Radio – News item – Labour leader calls for support – alleged to be a party political announcement – broadcaster not independent FindingsPrinciple 6, Guideline 6a – sources cited – objective presentation – no uphold This headnote does not form part of the decision. Summary [1] A call from the leader of the Labour Party for party supporters to vote Labour, rather than for a potential coalition party, was reported in a news item broadcast on National Radio at 3. 00am on 26 July 2002. [2] Doug McElwain complained to Radio New Zealand Ltd, the broadcaster, that the item sounded like a party political broadcast, and accordingly, breached the requirement for broadcasters to maintain an independent news service. [3] In response, RNZ said the item cited the sources of information referred to and there was nothing in the item which suggested its independence had been called into question....

Decisions
Wilson and Television New Zealand Ltd - 2001-045
2001-045

ComplaintIt’s Your Money – item on two men looking for love – criticism of The Company Company Ltd, which provides organised singles events – unfair, unbalanced, inaccurate FindingsStandard G1 – programme not inaccurate – no uphold Standard G4 – Company able to respond on the programme to criticisms made – no uphold This headnote does not form part of the decision. Summary The episode of It’s Your Money which screened on TV2 at 8pm on 12 February 2001 was sub-titled "Looking for Love". The programme looked at the experiences of two men, each of whom had spent time and money trying to find a female partner. The programme examined the various options open to the men, such as dating agencies, internet dating, and event organisers, and explored whether clients of these organisations were getting value for money....

Decisions
Smits and Television New Zealand Ltd - 2001-107, 2001-108
2001-107–108

ComplaintSpace – two items about visits to studio which makes porn videos – promoted pornography – offensive and unbalancedFindingsStandard G2 – not offensive in context – no uphold Standard G6 – not a serious item – satirical – no uphold This headnote does not form part of the decision. Summary Items on the magazine programme Space showed one of the hosts visiting a business which made pornographic videos and trying to sell a script. The items included some interviews with people in the business, and contained shots of the host in a spa pool with four topless women. The items were broadcast at 10. 25pm on both 1 and 8 June 2001 on TV2. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the items promoted pornography, and thus were offensive and unbalanced....

Decisions
Jones, on behalf of Otago Rural Police of Queenstown, and The RadioWorks Ltd - 2001-117
2001-117

Complaint The Edge – radio announcer challenged two men to run naked down a main street – offensive behaviour – incited breach of law FindingsPrinciple 2 – no evidence that broadcaster encouraged disrespect for law – no upholdThis headnote does not form part of the decision. SummaryAn announcer on The Edge challenged two men to run naked down a main street in Queenstown. The event was broadcast live on The Edge (a radio network) at about 7. 30am on 25 May 2001. Inspector Phil Jones, the Area Controller for the Otago Rural Police in Queenstown, complained to The RadioWorks Ltd, the broadcaster, that the behaviour which he said had been "incited" by the announcer, was "unacceptable". The RadioWorks did not uphold the complaint. It disagreed that the radio station incited the participants, and maintained that the incident was intended to be humorous and not distressing to the public....

Decisions
Wilkins and Television New Zealand Ltd - 2010-088
2010-088

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on the release of the Government’s Budget that day – discussed impact of the budget on a range of New Zealanders including three “high earners” – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 4 (controversial issues – viewpoints) – brief references to the incomes of three high earners did not amount to a discussion of a controversial issue – not upheld Standard 5 (accuracy) – statements about the impact of the budget on three high earners were not material points of fact – viewers would have understood that the point being made was that they would have more money each week than lower earners – not misleading or inaccurate – not upheld Standard 6 (fairness) – references to incomes of high earners did not result in them being treated unfairly – not upheld This headnote does not…...

Decisions
Timberlands West Coast Ltd and Sheaf and TV3 Network Services Ltd - 2000-029
2000-029

Summary Allegations that Timberlands West Coast Ltd had lobbied the government to ensure that it could continue to harvest native forests were put to the company’s Chief Executive in an item on 20/20 titled "Unsustainable PR? " broadcast on 22 August 1999, beginning at 7. 30pm. Mr D L Hilliard, the Chief Executive of Timberlands, and Mr Stephen Sheaf each complained to TV3 Network Services Ltd that the broadcast lacked balance, was biased and unfair, and was intended to mislead viewers. Mr Hilliard, who was interviewed for the programme, also said that he had been misled as to its intention, and had consequently been treated unfairly. In its response, TV3 emphasised that the focus of the story had been Timberlands’ lobbying of the government, and noted that documents it had received indicated there was ample evidence of its having done so....

Decisions
Schwabe and Television New Zealand Ltd - 2000-080
2000-080

ComplaintHolmes – offensive language – presenter said "bugger the international media" – America’s Cup context FindingsStandard G2 – "bugger" not acceptable for common usage, but acceptable in context – no uphold This headnote does not form part of the decision. Summary During an item about the America’s Cup on Holmes on TV One at 7. 00pm on 21 February 2000, the presenter said "bugger the international media". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word "bugger" breached broadcasting standards which require the observance of good taste and decency. TVNZ responded that, in the context of a highly charged America’s Cup campaign, the use of the word "bugger" did not breach broadcasting standards. It did not accept that its use carried the suggestion that the word was now acceptable for common usage. It declined to uphold the complaint....

Decisions
Davies and Television New Zealand Ltd - 2010-136
2010-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item reported on death of motorcyclist on racing track – included footage of the accident – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – footage was brief and shot from a distance – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Breakfast, broadcast on TV One at approximately 7. 05am on Monday 6 September, reported on the death of a motorcyclist. The news reader stated, “In sport, there’s been an horrific death in the 250cc section of the Moto GP in San Marino. Japanese rider Shoya Tomizawa on the red bike was killed after being hit by two others in this incident. The other two riders escaped serious injury....

Decisions
Adams and 4 Others and Television New Zealand Ltd - 2010-143
2010-143

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Decisions
SP and TVWorks Ltd - 2010-112
2010-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198Noise Control – followed noise control officers working in Auckland – one officer was called to a 50th birthday party – host of the party shown arguing with him – allegedly in breach of fairness standard FindingsStandard 6 (fairness) – complainant was not fully informed of the nature of the programme and her participation – combination of factors resulted in complainant being treated unfairly – upheld OrdersSection 16(1) – costs to the complainant $7,000 This headnote does not form part of the decision. Broadcast [1] An episode of Noise Control, a reality programme following noise control officers in Auckland, was broadcast on TV3 at 8pm on Monday 2 August 2010. In one segment, the programme’s narrator stated that “noise control officer [name] is on his way to a 50th birthday bash in Ponsonby”....

Decisions
Thomson and TVWorks Ltd - 2011-017
2011-017

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Taken – movie about former CIA officer’s mission to rescue his daughter from foreign slave traders – contained violent scenes including torture, fighting and shootings – allegedly in breach of standards relating to good taste and decency, children’s interests and violence FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – violent material broadcast outside children’s normally accepted viewing times – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] Taken, a fictitious action thriller about a former CIA officer’s mission to rescue his daughter from foreign slave traders, was broadcast on TV3 at 8. 30pm on Monday 31 January 2011....

Decisions
Gardiner and Television New Zealand Ltd - 2003-125
2003-125

ComplaintPerfect Match – Featured a gay man in search of a male partner – broadcast during school holidays at 8. 30pm – alleged erroneous message – disturbing to children FindingsStandard 9 Guidelines 9a and 9c – broadcaster considered children’s viewing interests – no uphold This headnote does not form part of the decision. Summary [1] An episode in the programme Perfect Match featured a gay man in search of a male partner. It was broadcast on TV One at 8. 30pm on Thursday 17 July 2003. [2] Mr Gardiner complained to Television New Zealand Ltd, the broadcaster, that the programme, which screened at a time when “older” children were still watching television, contained a message that incorrectly implied gay relationships were normal. [3] In response, TVNZ noted that the programme was clearly classified Adults Only and disputed the view that the programme could harm children....

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
Samuel and TVWorks Ltd - 2011-097
2011-097

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

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