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Sheaf and TV3 Network Services Ltd - 2000-009
2000-009

SummaryIn a segment of Target which was broadcast on TV3 on 19 September 1999 beginning at 7. 00pm, viewers were advised how to remove graffiti from a variety of surfaces when "little parliamentarians" had been naughty. The graffiti which was removed included a number of messages couched in schoolyard language such as "Jenny and Winston 4 eva", "Jenny © Timberlands", and "Jenny and Timberlands up a tree L. O. G. G. I. N. G. "Stephen Sheaf complained to TV3 Network Services Ltd, the broadcaster, that the messages contained in the graffiti phrases were both childish and totally inexcusable. Apart from what he called the obvious political overtones, they had contained "emotional smear tactics", he wrote. The segment, TV3 advised, was a light-hearted piece which explained how common household products could be used to remove graffiti....

Decisions
Clark and RadioWorks Ltd - 2011-158
2011-158

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 New Zealand First Election Advertisement – child stated, “My mum and dad are voting for New Zealand First. They say that Winston will give us a fair go” – allegedly in breach of responsible programming standardFindings Standard E1 (election programmes subject to other Codes) – Standard 8 (responsible programming) of the Radio Code – advertisement broadcast in robust political environment during lead-up to the election – reasonable listeners would understand that children are under the legal age to vote – complaint does not raise any issues of broadcasting standards which warrant our consideration – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision....

Decisions
Bhatnagar and RadioWorks Ltd - 2012-045
2012-045

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

Decisions
Durie and MediaWorks Radio Ltd - 2014-052
2014-052

Summary [This summary does not form part of the decision. ] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him. The broadcaster upheld the complaint this was unfair. However, the Authority found that the action taken by the broadcaster was insufficient, as the apology broadcast by the show’s hosts was insufficiently specific or formal to effectively remedy the breach. The Authority ordered a broadcast statement including an apology to the complainant. Upheld: Fairness (Action Taken) Not Upheld: Privacy, Accuracy, Discrimination and Denigration, Responsible Programming Order: Section 13(1)(a) broadcast statement including apology to the complainant Introduction [1] The George FM Breakfast show contained a discussion about the complainant’s use of the dating application Tinder, during which derogatory comments were made about him....

Decisions
Gillanders and Television New Zealand Ltd - 1996-058
1996-058

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-058 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANN GILLANDERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Watson and TV3 Network Services Ltd - 2001-210
2001-210

ComplaintComedy Season Promo – edited clips from nine comedy programmes – footage from Sex and the City unsuitable for broadcast during children’s programming – breach of good taste – broadcaster not mindful of children – explicit material unacceptable FindingsStandard G2 – promo did not breach currently accepted norms of good taste and decency – no uphold Standard G12 – not G material – broadcaster not mindful of promo’s effect on children – uphold Standard G24 – not "explicit material" as envisaged by the standard – no uphold No Order This headnote does not form part of the decision. Summary 1] TV3 promoted its Comedy Season with a montage of clips from various comedy programmes. The promo, which lasted 60 seconds, included clips from 3rd Rock from the Sun, Will and Grace and Sex and the City, edited together....

Decisions
McArthur and Radio New Zealand Ltd - 2002-187
2002-187

ComplaintLive to Air: an Election Drama – radio play – National Radio – use of words "God" and "Jesus Christ" as expletives – offensive language – blasphemy FindingsPrinciple 1 – context – no uphold Principle 7 and Guidelines 7a, 7b, 7c, 7d, 7e, 7f – only Guideline 7a relevant – threshold not achieved – no uphold This headnote does not form part of the decision. Summary [1] Live to Air: an Election Drama was the title of a fifty minute-long radio play broadcast on National Radio at 4. 05pm on Sunday 28 July 2002. The dialogue on occasions used the words "God" and "Jesus Christ" as expletives. [2] Stella Anne McArthur complained to Radio New Zealand Ltd, the broadcaster, about the irreverent use of holy names. She described their use as offensive....

Decisions
O'Neill and TVWorks Ltd - 2012-077
2012-077

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

Decisions
Clarke and The Radio Network Ltd - 2013-077
2013-077

Summary [This summary does not form part of the decision. ]During a panel discussion on the Mike Hosking Breakfast show about the government’s funding of America’s Cup campaigners, one of the panellists said ‘fucking’. She immediately apologised for the slip-up, and the other participants rebuked her in a light-hearted manner. The broadcaster upheld the complaint and counselled the panellist. The Authority found that the action taken by the broadcaster was sufficient. It noted the comment was made during a legitimate discussion about a matter of public interest, and all of the participants acknowledged at the time that the swearing was inappropriate....

Decisions
Golden and Radio New Zealand Ltd - 2014-159
2014-159

Summary[This summary does not form part of the decision. ]The Authority declined to determine a complaint that it was inappropriate for RNZ to use Forsyth Barr and First NZ Capital as business advisors and suppliers of business news for its 'Market Update' segment on Checkpoint. RNZ's choice of business advisors is a matter of editorial discretion rather than broadcasting standards. The complainant has previously made similar complaints and been warned that further similar complaints would be unlikely to be determined in future. Accordingly the Authority declined to determine the present complaint on the basis it was frivolous and vexatious. Declined to Determine: Law and Order, Fairness, Responsible ProgrammingIntroduction[1] Allan Golden complained that Forsyth Barr and First NZ Capital were not suitable for use as business advisors and suppliers of business news on Radio New Zealand's 'Market Update' segment of Checkpoint....

Decisions
Harrison and Television New Zealand Ltd - 2009-061
2009-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Decisions
Roughton and Television New Zealand Ltd - 1995-148, 1995-149
1995-148–149

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 148/95 Decision No: 149/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TODD ROUGHTON of Wellsford Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Francis and Television New Zealand Ltd - 2006-010
2006-010

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Gathering Storm – use of obscene language in a PGR classified film – allegedly in breach of good taste and decency and programme classificationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning not necessary – not upheldThis headnote does not form part of the decision. Broadcast [1] The Gathering Storm screened on TV One at 9. 15pm on 7 January 2006. It was a dramatised documentary about the life of Winston Churchill during the period between the two world wars. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that despite the programme being rated PGR, it contained objectionable language, and no warning had been given....

Decisions
Grieve and Television New Zealand Ltd - 2014-007
2014-007

Summary [This summary does not form part of the decision. ]A ONE News item reported on the most recent report of the IPCC and summarised some of the report’s findings, including predictions of more frequent storms and droughts. The Authority did not uphold the complaint that the summary was inaccurate, as the broadcaster provided information demonstrating a sufficient basis for the statements made. Not Upheld: Accuracy, Responsible ProgrammingIntroduction[1] A ONE News item reported on the most recent report (AR5 Report) released by the Intergovernmental Panel on Climate Change (IPCC). The item was introduced:Rising sea levels, more extinct species and possible food shortages. That’s the grim prediction by a global gathering of top scientists who say, for the first time, we are responsible for climate change. And as [reporter’s name] reports, New Zealand’s set to feel the heat too....

Decisions
Manufacturing and Construction Workers Union Inc and Capital FM Ltd - 1994-088
1994-088

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 88/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MANUFACTURING AND CONSTRUCTION WORKERS UNION INC Broadcaster CAPITAL FM LIMITED of Wellington I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Decisions
King and Television New Zealand Ltd - 2011-030
2011-030

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved an Alzheimer’s sufferer who enlisted the help of his son to capture, torture and kill young blonde women – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standards FindingsStandard 8 (responsible programming) – violence was graphic and deeply disturbing – amounted to stronger material which warranted AO 9. 30pm classification – upheld Standard 10 (violence) – programme should have been broadcast later – warning was not adequate – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 1 (good taste and decency) – programme material warranted higher classification – warning was inadequate – level of violence and menacing themes were more extreme than in other 8....

Decisions
Harrison and TV3 Network Services Ltd - 2003-138, 2003-139, 2003-140
2003-138–140

ComplaintPromos – The Strip – sexual material – allegedly offensive – promos for AO programme screened in G and PGR time-bands – inappropriate FindingsStandard 1 – contextual factors – no uphold Standard 5 – not relevant – no uphold Standard 7 – majority – promos appropriately classified PGR – minority – inappropriate rating – classification code AO should have been used – two promos shown during 3 News – failed to comply with PGR time-band – uphold; majority – promo shown during 20/20 – complied with PGR time-band – no uphold – minority – inappropriate classification – breachNo Order This headnote does not form part of the decision. Summary [1] Promos for The Strip were broadcast by TV3 at various times on 30 June, 1 and 6 July 2003....

Decisions
Hawker and TVWorks Ltd - 2013-076
2013-076

Summary [This summary does not form part of the decision. ] Two teams of comedians on 7 Days made comments about the complainant, a Christchurch City Council candidate who had been in the news for exposing people who visited an illegal brothel. The Authority did not uphold the complaint that this was unfair. The complainant willingly put himself in the public eye, and it was reasonable to expect scrutiny. The comedy genre of the programme, and the tone of the comments, indicated this was not intended as a personal attack on the complainant, or to be informative, but was purely for the purpose of entertainment and humour, so potential harm to the complainant was minimal....

Decisions
New Zealand Aids Foundation, and Moore and Bennachie on behalf of the Campaign for Human Rights, and Prime Television New Zealand Ltd - 2000-151, 2000-152
2000-151–152

ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....

Decisions
Coles and Radio Pacific Ltd - 1997-083
1997-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-083 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KATHRINE COLES of Greytown Broadcaster RADIO PACIFIC LIMITED L M Loates R McLeod A Martin...

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