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Decisions
Ockey and Television New Zealand Ltd - 2018-024 (18 June 2018)
2018-024

Warning: This decision contains language and themes that some readers may find offensive. Summary[This summary does not form part of the decision. ]National Treasure is a four-episode fictional mini-series telling the story of a famous comedian’s life falling into chaos following allegations against him of historical sexual abuse. The Authority did not uphold a complaint that the use of the word ‘fuck’ in the first two episodes, or a conversation about oral sex in the first episode, breached the good taste and decency or children’s interests standards. The Authority acknowledged that some viewers may find this content challenging or offensive....

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Swenson and Television New Zealand Ltd - 2002-160, 2002-161, 2002-162
2002-160–162

Complaint Coca-Cola Chart Show and Coca-Cola RTR Countdown – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Kiss Kiss, Hot in Herre and Are You In? were broadcast on TV2’s Coca-Cola RTR Countdown at 6. 00pm on 20 July 2002 and on the Coca-Cola Chart Show at 10. 00am on 21 July 2002. [2] Tina Swenson complained to Television New Zealand Ltd, the broadcaster, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Decisions
Hooker and TV3 Network Services Ltd - 2002-036
2002-036

ComplaintThe Waterboy promo – nudity – incorrect classification – broadcaster not mindful of effect of broadcast on children Findings Standard G2 –context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold; standard G22 – G rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for the movie The Waterboy was broadcast on TV3 on 19 October 2001 at 6. 40pm, during a broadcast of 3 News. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the promo showed one of the characters featured in the movie "pull[ing] down his trousers and exposing his buttocks". [3] TV3 declined to uphold the complaint....

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
Marshall and Television New Zealand Ltd - 2000-201
2000-201

ComplaintMusic Video – "Beautiful Day" – offensive behaviour – unsuitable for children FindingsStandard G2 – kissing shown – not offensive – no uphold Standard G12 – content acceptable – no uphold This headnote does not form part of the decision. Summary A music video was broadcast on TV One at about 8. 00am on Sunday 8 October 2000 between a religious programme and a children’s programme. The song "Beautiful Day" was sung by U2. Barry Marshall complained to Television New Zealand Ltd, the broadcaster, that the video contained "licentious behaviour" which he considered offensive. In his view, it was unsuitable for broadcast at any time, but particularly so when placed between two "quality programmes". TVNZ responded that the song’s lyrics were not unsuitable for child viewers and that the visuals of a couple kissing did not exceed community norms of decency and good taste....

Decisions
Dexter and TVWorks Ltd - 2010-019
2010-019

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunrise – presenters and two guests had a discussion about a 19-year-old girl from Northland who sold her virginity for $45,000 – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – themes discussed would have gone over the heads of younger viewers – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment on Sunrise called “Uncles”, broadcast on TV3 at 7. 55am on Wednesday 3 February 2010, the presenters and two guests (the uncles) started a discussion about a 19-year-old girl from Northland who had sold her virginity for $45,000....

Decisions
Freeman and Television New Zealand Ltd - 2011-001
2011-001

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Decisions
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Decisions
Freeman and Television New Zealand Ltd - 2011-121
2011-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...

Decisions
Hamblyn and Television New Zealand Ltd - 2015-084 (28 January 2016)
2015-084

Summary[This summary does not form part of the decision. ]A promo for Aquarius, shown during Seven Sharp, included a brief shot of a partially clothed injured male character surrounded by female characters tending his wounds. The Authority did not uphold a complaint that the ‘sexualised’ promo was inappropriate for a time when children could be watching television. The promo did not depict any sexual activity or full nudity, and the shot complained about was fleeting and indistinct. The content was consistent with expectations of a PGR classification and the host news and current affairs programme, and any child viewers would have likely been supervised by adults. Not Upheld: Good Taste and Decency, Responsible Programming, Children’s InterestsIntroduction[1] A promo for Aquarius, shown during Seven Sharp, included a brief two-second shot of a partially clothed injured male character surrounded by female characters tending his wounds....

Decisions
McBride and Television New Zealand Ltd - 1997-117, 1997-118
1997-117–118

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-117 Decision No: 1997-118 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Berney and CanWest TVWorks Ltd - 2005-128
2005-128

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

Decisions
Pepping and TVWorks Ltd - 2009-014
2009-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Decisions
Healy and TV3 Network Services Ltd - 2002-199
2002-199

ComplaintNewsbreak – item about two children convicted of killing their father – inappropriate content – children’s programme – Thunderbirds FindingsStandard 9, Guideline 9h – not disturbing or unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] A Newsbreak, during the children’s programme, Thunderbirds, was broadcast on TV3 at 2. 30pm on Saturday 7 September 2002. One item covered the trial of two young schoolboys found guilty of killing their father with a baseball bat. The same item also mentioned that a convicted child molester had previously been tried for the same offence. The accompanying visual coverage showed courtroom scenes. [2] Warren Healy complained to TV3 Network Services Ltd, the broadcaster, that the news item was totally inappropriate for broadcasting during the children’s programme, Thunderbirds....

Decisions
Parsonson and TV3 Network Services Ltd - 2000-079
2000-079

Complaint3 News – circus tigers escaped – footage of vet being shot dead by pursuers – no warning – graphic content – unsuitable for children FindingsStandard G12 – unsuitable for broadcast without warning – majority uphold Standard V12 warning required for disturbing images – majority uphold This headnote does not form part of the decision. Summary Footage showing the capture and shooting of one of three Bengali tigers which had escaped from a circus in Warsaw was broadcast on 3 News on 15 March 2000 between 6. 00-7. 00pm. The item included footage of a veterinarian, who was trying to shoot the tiger with a tranquiliser gun, himself being accidentally shot and killed. Gillean Parsonson complained to TV3 Network Services Ltd that it was "thoroughly irresponsible" to broadcast such graphically violent content in the early evening when children would be watching television....

Decisions
Maltby and Television New Zealand Ltd - 2001-069
2001-069

ComplaintHolmes – young people mimicking professional wrestling – impressionable people might copy – irresponsible itemFindingsStandard G12 – extensive warnings – no uphold Standard V6 – cautionary tale – appropriate warnings – no uphold This headnote does not form part of the decision. Summary An item discussing a social problem in the United States involving young people mimicking professional wrestling stunts they saw on television was broadcast on Holmes at 7. 00pm on 19 April 2001. John and Barbara Maltby complained to Television New Zealand Ltd, the broadcaster, that impressionable young people in New Zealand might copy the graphic detail shown in the item. They considered that TVNZ had been irresponsible in screening the item. In response, TVNZ noted that the item had been preceded by a lengthy warning and followed by a statement from the presenter urging young people not to follow the example set by some American youth....

Decisions
Warwick and TVWorks Ltd - 2013-089
2013-089

Summary [This summary does not form part of the decision. ]An item on 3 News which reported on a shooting massacre in a Kenyan Mall included footage of a man trying to hide, and then being shot at point blank range. The newsreader warned that the story contained ‘disturbing images’. The Authority upheld the complaint that this warning was inadequate to prepare viewers for witnessing a horrific execution. While recognising the very high public interest in the story and in the footage, viewers were not given a reasonable opportunity to exercise discretion or make a different viewing choice. The Authority did not make any order, as the decision provides sufficient guidance to broadcasters....

Decisions
Evans and MediaWorks TV Ltd - 2018-092 (24 April 2019)
2018-092

The Authority has upheld a complaint about a broadcast of The DailyMail TV, finding that footage broadcast during the programme was inappropriate for the PGR classification and time of broadcast, and required an audience advisory for disturbing content. The programme was broadcast at 3. 30pm on a weekday, and featured partially censored footage of an American stabbing victim in the moments before she died. While the woman’s injuries were blurred, her distressed facial expression and blood splatters on the floor were visible. A second story featured censored footage of two 19-year-old women who claimed they had been drugged, filmed inside a bar naked and allegedly performing sex acts. The Authority found that this content went beyond what could be expected from a PGR-classified programme broadcast during children’s normally accepted viewing times and that the programme should have been classified AO – Adults Only....

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