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Decisions
Shearer and Television New Zealand Ltd - 2003-010
2003-010

Complaint Mercy Peak – sexual scenes – offensive – indecent themes – broadcaster not mindful of the impact on teenage viewers FindingsStandard 1 – contextual matters – no upholdStandard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Mercy Peak is a New Zealand drama series. An episode broadcast on TV One at 8. 35pm on Wednesday 25 September 2002 included a sex scene between two characters who were portrayed as having an affair. [2] Anne Shearer complained to Television New Zealand Ltd, the broadcaster, that the sex scene shown and the story-line were offensive. In her view, TVNZ had been irresponsible because it had failed to consider the impact of such themes on teenage viewers. [3] When the broadcaster failed to respond to her formal complaint, Ms Shearer referred it to the Broadcasting Standards Authority under s....

Decisions
Pollard and Television New Zealand Ltd - 2005-079
2005-079

Complaint under section 8(1)(a) of the Broadcasting Act 1989Border Patrol – footage of hedgehogs and ducks to which explosives had been attached – footage of wall splattered with blood and feathers – allegedly offensive and unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – restrained images – not upheldThis headnote does not form part of the decision. Broadcast [1] A disc containing images of extreme cruelty to animals was among hundreds of discs seized by a Customs Officer. The seizure was dealt with in an episode of Border Patrol and the item included footage of hedgehogs and ducks which had been tied up and had explosives attached to them. It also included footage of walls splattered with blood and feathers. The episode of Border Patrol was broadcast on TV One at 7. 30pm on 23 May 2005....

Decisions
Whiteley and TV3 Network Services Ltd - 2004-121
2004-121

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – item about big budget films to be made in New Zealand – movie clip shown included a shot of a woman falling off her chair and her dress flying up – allegedly offensive and contrary to interests of child viewers FindingsStandard 1 (good taste and decency) – context – inexplicit – not upheld Standard 9 (children’s interests) – not unsuitable for children in context – not upheld This headnote does not form part of the decision. Broadcast [1] An item about the number of big budget films to be made in New Zealand featured on 3 News at approximately 6. 20pm on 7 June 2004. The item included interviews with two leading actors who said they were looking forward to working in New Zealand, one of whom was Jack Black....

Decisions
Cheer and Television New Zealand Ltd - 1996-151
1996-151

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-151 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MORRIS CHEER of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Painter and Taylor and Television New Zealand Ltd - 2009-155
2009-155

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with actress Keisha Castle-Hughes and director Niki Caro about their new film The Vintner’s Luck – references to sex – showed scenes from the film of the main characters passionately kissing and the male character putting his head up the female’s skirt – allegedly in breach of good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – sex scene was gratuitous in a current affairs programme at 7pm – unsuitable for children – upheld – language was vulgar slang unexpected in this type of programme – borderline but not upheld Standard 1 (good taste and decency) – sex scene was not sufficiently discreet for PGR timeslot – upheld – language borderline but acceptable – not upheld No Order This headnote does not form part of the decision....

Decisions
Waide and TVWorks Ltd - 2008-058
2008-058

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on judicial review proceedings concerning the Parole Board’s decision to release convicted rapist Peter McNamara after serving one third of his sentence – contained footage of Mr McNamara on his driveway and of a child getting into his car – item stated that Mr McNamara had “smuggled” his semen out of prison – allegedly in breach of privacy, accuracy, fairness and children’s interests Findings Standard 3 (privacy) – child not identified in the item – not upheld Standard 5 (accuracy) – use of the word “smuggled” accurate – viewers not misled – not upheld Standard 6 (fairness) – Mr McNamara and the child were treated fairly – not upheld Standard 9 (children’s interests) – subsumed into consideration of Standard 6 (fairness) This headnote does not form part of the decision....

Decisions
Harang and Television New Zealand Ltd - 1999-066
1999-066

Summary The film "Striptease" which starred Demi Moore and Burt Reynolds was screened at 8. 30pm on TV2 on 31 January 1999. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the film, which depicted a woman with naked breasts during a striptease act, was offensive and unsuitable for younger viewers. He also claimed that the film was of no social or educational value. TVNZ advised Mr Harang that it did not consider that the broadcast had breached norms of decency and taste. The broadcaster also maintained that it had been mindful of the effect of the programme on children because it had assigned the film an AO classification and had preceded its broadcast with an explicit warning. The film, it said, had screened after the established 8. 30pm watershed. Dissatisfied with TVNZ’s decision, Mr Harang referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Shaw and Television New Zealand Ltd - 2015-063 (1 December 2015)
2015-063

Summary [This summary does not form part of the decision. ] A character in a promo for Puberty Blues broadcast during ONE News referred to a ‘69er’. The Authority did not uphold a complaint that it was gratuitous and irresponsible to screen this promo before 8. 30pm. The verbal reference to a ‘69er’ was fleeting and was not explained; inexplicit sexual material or innuendo is permissible during children’s normally accepted viewing times. Additionally, child viewers were likely to be supervised during the news. Overall the Authority found the broadcaster adequately considered the interests of child viewers and the promo did not require a higher classification than PGR. Not Upheld: Responsible Programming, Children’s Interests   Introduction [1] A clip from Puberty Blues was included in a promo for TV ONE’s Saturday programme line-up, broadcast during ONE News. During the promo one of the characters, a teenage girl, referred to a ‘69er’....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2005-116
2005-116

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....

Decisions
Harang and Television New Zealand Ltd - 2003-033
2003-033

ComplaintHot Property – amateur male strip to raise money for club house – 5. 30pm – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 – not likely to upset or disturb children – no uphold This headnote does not form part of the decision Summary [1] Hot Property is an Australian series about real estate sales. A sequence in which members of a men’s soccer club performed an amateur striptease to raise money for a clubhouse was included in the episode broadcast on TV One at about 5. 30pm on 31 December 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that it was offensive to screen a male strip sequence at 5. 50pm, in which naked backsides were shown clearly, without a warning....

Decisions
Woodham and TV3 Network Services Ltd - 2003-118
2003-118

ComplaintCockstars – documentary about Puppetry of the Penis – male nudity – "pelvic gyrations" – breach of good taste and decency – failed to consider children’s viewing interest FindingsStandards 1 – context – no uphold Standard 9 – outside children’s normally accepted viewing times – no uphold This headnote does not form part of the decision. Summary [1] Cockstars was a documentary about seeking performers for the stage show "Puppetry of the Penis". The programme was broadcast on TV3 at 9. 30pm on 5 June 2003. It featured nude males manipulating their genitalia. [2] Fay Woodham complained to TV3 Network Services Ltd, the broadcaster, that the programme was offensive because "full frontal nudity" was unacceptable and breached standards relating to children’s viewing interests. [3] Declining to uphold the complaint, TV3 said in context the broadcast did not breach current norms of good taste and decency....

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
Barker and Television New Zealand Ltd - 1997-187
1997-187

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-187 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GLENYSS A BARKER of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Daczo and Television New Zealand Ltd - 1995-021
1995-021

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 21/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOANNE DACZO of Pirongia Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Hurndell and TV3 Network Services Ltd - 1997-132
1997-132

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

Decisions
Cotsilinis and 4 Others and Television New Zealand Ltd - 2009-069
2009-069

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...

Decisions
Howard and TVWorks Ltd - 2009-105
2009-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skins – programme about a group of teenagers in Britain – showed teenagers drinking excessive amounts of alcohol and taking drugs – contained sexual material, nudity, violence and coarse language – allegedly in breach of good taste and decency, law and order, responsible programming, children’s interests, violence and liquor promotion standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme correctly classified AO9....

Decisions
Samuel and Television New Zealand Ltd - 2008-121
2008-121

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Hotel Babylon – sex scene broadcast one minute after the Adults Only watershed – broadcaster upheld complaint under three standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency), 7 (programme classification) and 9 (children’s interests) – broadcaster upheld complaint under three standards and counselled appraiser – action taken sufficient This headnote does not form part of the decision. Broadcast [1] An episode of Hotel Babylon, a BBC drama following the lives of workers at a five-star hotel, was broadcast on TV One at 8. 30pm on Wednesday 1 October 2008. The programme’s introductory sequence at 8. 31pm included a five-second scene showing a couple having sex. No breasts or genitals were shown, and, although the woman’s naked back could be seen as she straddled a man in bed, her buttocks were covered with a sheet....

Decisions
Ben and Dragicevich and Television New Zealand Ltd - 2010-128
2010-128

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Babel – young female movie character shown exposing her genitals at approximately 9. 01pm – allegedly in breach of good taste and decency, children's interests and responsible programming standards FindingsStandard 1 (good taste and decency) – genital nudity brief and indistinct – relevant to storyline – contextual factors – not upheld Standard 9 (children's interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – movie correctly classified AO – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Babel was broadcast on TV One at 8. 30pm on Saturday 14 August 2010. The film followed four seemingly unrelated stories about people living in different parts of the world that eventually intertwined and led back to a powerful gun bought by a Moroccan goat herder....

Decisions
Malone & Sadd and Television New Zealand Ltd - 2014-155
2014-155

Summary[This summary does not form part of the decision. ]An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship match, in which he was kicked and punched repeatedly in the head. The Authority declined to uphold two complaints that the footage was excessively violent because the level of physicality was not unexpected and acceptable in the context of a sport news story covering a fight. Not Upheld: Good Taste and Decency, Responsible Programming, Children's Interests, ViolenceIntroduction[1] An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship (UFC) match, in which he was kicked and punched repeatedly in the head until the referee stopped the fight....

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