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Decisions
Galpin and Television New Zealand Ltd - 2008-105
2008-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News promo – covered the conflict between Russia and Georgia – contained footage of an injured woman sitting in rubble with fire and destroyed buildings around her – allegedly in breach of children’s interests Findings Standard 9 (children’s interests) – footage of distressed and injured woman likely to be upsetting to children watching the Olympics – broadcaster did not adequately consider the interests of child viewers – upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for One News, broadcast during coverage of the Olympic Games at approximately 5pm on Sunday 10 August 2008, contained the headlines of three stories....

Decisions
Binnie and 5 Others and TVWorks Ltd - 2010-097
2010-097

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about latest season of local drama series Outrageous Fortune – contained clips of sex scenes from the series – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – inclusion of sex scenes was gratuitous in a news item – warning did not excuse that level of sexual material – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers by including sexual material in a news item broadcast during children’s normally accepted viewing times – upheld Standard 8 (responsible programming) – guidelines relating to promos and advertisements not applicable to news item – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $4,000 costs to the Crown This headnote does not form part of the decision....

Decisions
Children's Media Watch and TV3 Network Services Ltd and TV4 Network Ltd - 2002-110–114
2002-110–114

ComplaintPromos – Cyberzone – Angel – Star Hunter – Freakylinks – The Strip – nudity – undressing – scary faces – stripping – unsuitable for children – promos for AO programmes screened in G and PGR time bands FindingsStandard 1 – context including programme in which promo broadcast – no uphold in each case Standard 9 – adult themes and adult language in promo for The Strip broadcast in G time slot – uphold; other promos complied with PGR rating No Order This headnote does not form part of the decision. Summary [1] A promo for Cyberzone was broadcast during 7th Heaven screened on TV4 between 7. 30–8. 30pm on 10 April 2002. Promos for Angel, Star Hunter and Freakylinks were broadcast during 7th Heaven screened at the same time on 17 April. A promo for The Strip was broadcast during 3 News screened on TV3 between 6. 00–7....

Decisions
Browne and Television New Zealand Ltd - 2001-089
2001-089

ComplaintBig Brother – offensive behaviour – nudity – immorality – inappropriate for broadcast at 6. 30pm – unsuitable for children FindingsStandard G2 – adult themes – unsuitable for G timeslot – uphold Standard G8 – G classification incorrect – uphold Standard G12 – broadcaster not mindful of effect of broadcast on children – uphold No Order (but recommendation for a written apology) This headnote does not form part of the decision. Summary Big Brother is a television series which features a group of people who are confined in a house in Australia and continuously monitored by cameras. It is broadcast on TV2 at 6. 30pm Tuesdays to Saturdays. On Monday's Big Brother is broadcast at 6. 00pm. For the first two weeks the series was screened, the programme was broadcast on Mondays at 6. 30pm....

Decisions
Shrapnell and Television New Zealand Ltd - 2000-073
2000-073

ComplaintOne News – footage of atrocities in Chechnya – disturbing and alarming – unsuitable for children FindingsStandard V16 – no warning – broadcaster did not demonstrate it was mindful of children – footage graphic and disturbing – uphold Decision No: 2000-033 distinguished ObservationStandard V12 – not cited – potential uphold No Order This headnote does not form part of the decision. Summary Footage of atrocities committed by the Russian army in Chechnya was broadcast on One News on TV One between 6. 00–7. 00pm on 25 February 2000. A body was seen being pushed off a truck, and another was shown being dragged by the heels behind a truck. There were also shots of more bodies being buried by soldiers. John Shrapnell complained to Television New Zealand Ltd, the broadcaster, that it was unacceptable to show graphic shots of such atrocities in the early evening....

Decisions
Coates and Television New Zealand Ltd - 2009-116
2009-116

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Decisions
Stockwell and Television New Zealand Ltd - 2009-078
2009-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Decisions
Riwai-Couch and Television New Zealand Ltd - 2010-053
2010-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Band of Brothers – sex scene broadcast at approximately 8. 40pm – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 9 (children’s interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults only watershed – upheld Standard 1 (good taste and decency) – programme’s content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of the mini-series Band of Brothers was broadcast on TV One at 8. 30pm on Monday 15 March 2010. The series was based on a best-selling book about a World War II United States Army airborne unit known as Easy Company....

Decisions
Kelcher and Prime Television New Zealand Ltd - 2003-018, 2003-019
2003-018–019

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Decisions
Calvert and Triangle Television Ltd - 2003-047
2003-047

Complaint Issues 101 – gay movie – screened during gay television festival at 8. 30pm – scenes depicting oral and anal sex – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – depiction prolonged and graphic – offensive – majority upholdStandard 9 and Guidelines 9b and 9c – offensive scene broadcast before 9pm on Saturday – unsuitable for children – unanimous uphold OrderBroadcast of Statement This headnote does not form part of the decision. Summary [1] Issues 101 was a film broadcast by Triangle Television Ltd at 8. 30pm on Saturday 1 March 2003. The film which was preceded by a warning, and classified AO, formed part of a gay television festival and included scenes depicting oral and anal sex....

Decisions
Smith and Television New Zealand Ltd - 2008-018
2008-018

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Criminal Minds – two versions of the promo were broadcast – both versions referred to a “prolific serial killer” and showed a person’s throat being drawn on with a blue pen – one referred to the serial killer removing the limbs of his victims while they were alive and showed a body part lying in the desert – allegedly in breach of standards of programme classification, children’s interests, and violence Findings Standard 7 (programme classification) – promos contained adult themes – both versions were deserving of a higher classification – upheld Standard 9 (children’s interests) – promos incorrectly classified and contained gruesome adult themes – upheld Standard 10 (violence) – subsumed into consideration of Standards 7 and 9 No OrderThis headnote does not form part of the decision....

Decisions
Hoskin and CanWest TVWorks Ltd - 2005-077
2005-077

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Mummy Returns promo – broadcast on TV3 between 6pm and 7pm, and after 7pm – allegedly in breach of standards relating to children’s interestsFindingsStandard 9 (children’s interests) – 60 Minutes – not in breach of children’s interests – not upheld – 3 News – PGR rated promo broadcast during underlying G-time – children’s interest not sufficiently considered – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TV3 broadcast two promos for the movie The Mummy Returns on 25 April 2005. The first promo was broadcast between 6 and 7pm during 3 News. The second promo was broadcast after 7pm, during 60 Minutes. Complaint [2] Graham Hoskin complained to CanWest TVWorks Ltd, the broadcaster, that the broadcasts were in breach of Standard 9 (children’s interests), noting specifically Guidelines 9a, 9f and 9i....

Decisions
Cross and Television New Zealand Ltd - 2008-059
2008-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

Decisions
Wilton and Television New Zealand Ltd - 2000-153
2000-153

ComplaintWhat Now? PM – decriminalisation of cannabis – information intended for children – pictures of a joint being rolled – unsuitable for childrenFindingsStandard G12 – visuals not consistent with voiceover commentary – unsuitable for children – uphold No Order This headnote does not form part of the decision. Summary The decriminalisation of cannabis was the subject of an item on What Now? PM broadcast on TV2 on 13 July 2000 at about 5. 00pm. Footage accompanying the item showed a cannabis joint being rolled, and two people sharing a joint. Sharon Wilton complained to Television New Zealand Ltd, the broadcaster, that the visual content was unsuitable for inclusion in a programme intended for children. TVNZ explained that the purpose of the item was to inform children of the legislative moves to decriminalise cannabis and the position of MP Nandor Tanczos....

Decisions
Waites and TV3 Network Services Ltd - 2000-193
2000-193

ComplaintAmerican Commandos – documentary about training of Green Beret soldiers – young woman "assassinated" in training exercise – unsuitable for children – unnecessarily graphic – broadcast prior to rugby matchFindingsStandard G2 – in context of soldier training – no uphold Standard G12 – broadcast prior to important rugby match – when viewed out of context, unsuitable for children – majority uphold Standard V8 – no uphold Standard V12 – not violent or distressing as contemplated by the standard – no uphold Standard V16 – not applicable – no uphold Standard V17 – not gratuitous – no uphold This headnote does not form part of the decision. Summary A documentary entitled American Commandos was broadcast on TV3 on 5 August 2000 beginning at 2. 30pm. Soldiers training to be "Green Berets" were shown completing a number of exercises, including urban warfare training and hand-to-hand combat....

Decisions
Wong and World TV Ltd - 2012-031
2012-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Ip Man – movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times – contained violence – allegedly in breach of good taste and decency, controversial issues, discrimination and denigration, responsible programming, children’s interests and violence standards Findings Standard 8 (responsible programming) – broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times – upheld  Standard 9 (children’s interests) – broadcaster did not adequately consider children’s interests by incorrectly classifying the movie and screening it outside of AO time – upheld Standard 10 (violence) – while there was some violent behaviour it was not excessive and was consistent with expectations of a martial arts film – however inappropriate classification and timeslots meant broadcaster did not exercise…...

Decisions
Haden and TV3 Network Services Ltd - 2001-226
2001-226

ComplaintInside New Zealand: "Piercing – The Hole Story" – documentary – pierced genitalia displayed – offensive – inappropriate for children FindingsStandard G2 – piercing for body suspension – images beyond community standards – uphold; piercing of genitalia – majority – matter of fact – minority – gratuitous – no uphold; other aspects – context – no uphold Standard G12 – body suspension segment at start of programme – waterfall after 8. 30pm – uphold No Order This headnote does not form part of the decision. Summary [1] "Piercing – The Hole Story" was the title of a documentary broadcast on the Inside New Zealand series on TV3 at 8. 30pm on 1 August 2001. It examined the practice of piercing navels and tongues among youth, and showed some more unusual piercings, including genital piercing and suspending by hooks through the flesh....

Decisions
Nicholls and Television New Zealand Ltd - 1999-064
1999-064

Summary The film Heat was broadcast on TV2 at 8. 30pm on 3 January 1999. Mr Nicholls complained to Television New Zealand Limited, the broadcaster, about the standard of language used in the film. He objected to the excessive use of "fuck", "fucking", and associated words, he wrote, because it led to their normalisation. He argued that the offending words could have been beeped out. The film was shown in holiday time, he said, and swear words should not be accepted on prime family time television. TVNZ responded that the film started at 8. 30pm which was adult programming time, it was clearly rated AO, indicating that it was unsuitable for children, and it was preceded by a specific warning about its violence and language. It said the warning was delivered visually and verbally....

Decisions
Beattie and Television New Zealand Ltd - 2003-046
2003-046

ComplaintThe Assignment – film – sexual behaviour and nudity – offensive – excessive violence – unacceptable at 8. 30pm FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guidelines 9a, 9b, 9c – 8. 40pm on Saturday – violent scene screened soon after the watershed – warnings by themselves may not be sufficient – insufficient discretion exercised – upholdStandard 10 and Guideline 10a – violence not gratuitous given factual basis – no uphold No Order This headnote does not form part of the decision. Summary [1] The film The Assignment was screened on TV2 at 8. 30pm on Saturday 19 October 2002. Based on the life of the notorious terrorist Carlos (The Jackal), the film’s story-line involved a CIA scheme to persuade Carlos’s allies to suspect his motives and to assassinate him....

Decisions
Wardlaw and Television New Zealand - 1992-100
1992-100

Download a PDF of Decision No. 1992-100:Wardlaw and Television New Zealand - 1992-100 PDF477 KB...

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