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Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

ComplaintPromo for Always Greener – bare buttocks masked by a "smiley face" – indecent – harmful to children FindingsStandard 1 and Guideline 1a – masking device not offensive – no uphold Standard 9 and Guideline 9a – not harmful to child viewers – no uphold This headnote does not form part of the decision Summary [1] A promo for Always Greener was broadcast on TV One at various times on 2 February 2003. A "smiley face" was used to cover the bare buttocks of a male character. [2] John Lowe complained to Television New Zealand Ltd, the broadcaster, that masking the human form in this manner was offensive and harmful to children. [3] In response, TVNZ said the "smiley face" was attached so that the promo could be shown at any time. It declined to uphold the complaint that the masking breached broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Forgetting Sarah Marshall– contained three brief shots of a naked man with his genitals visible at approximately 8. 35pm – use of words “fuck” and “fucking” at about 8. 40pm – allegedly in breach of standards relating to good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – nudity was fleeting and non-sexualised – expletives were incidental and used colloquially rather than abusively – content did not amount to “strong adult material” broadcast too soon after the AO watershed – movie was classified AO and broadcast outside children’s viewing times – warning for nudity and language allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Forgetting Sarah Marshall was broadcast on TV3 at 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – repeat episode at 7am on a Sunday morning – reported controversy over recent photographs in Pavement magazine – showed photographs of topless 19-year-old girl – allegedly in breach of children’s interests. FindingsStandard 9 (children’s interests) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A repeat episode of the current affairs programme Sunday was broadcast on TV One at 7am on Sunday 29 October 2006. One item reported controversy over a recent magazine spread in Pavement magazine, which some people argued contained sexualised images of girls as young as 11 years of age. The programme featured photographs from the magazine, including several shots of a topless 19-year-old girl, and showed advertisements with models adopting suggestive poses....

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – footage of teenagers committing animal cruelty offences – images of hedgehogs and ducks subjected to cruelty – allegedly in breach of good taste and decency, and children’s interestsFindingsStandard 1 – good taste and decency – contextual factors – not upheld Standard 9 – children’s interests – contextual factors, particularly warnings, were sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] TV3 broadcast an item on 25 July 2005 at 7. 30pm entitled “God’s Creatures”, as part of the 60 Minutes current affairs programme. The item covered the recent arrest of two people in Huntly for animal cruelty. The item also dealt with the suggested link between animal cruelty and subsequent violent offences against people. [2] The item reported that the teenagers had set fire to cages which had trapped two feral cats....

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Bad Santa – promo screened during family Christmas movie The Santa Clause 2 – contained brief shots of “Bad Santa” smoking and throwing a rock at a car windshield – “Bad Santa” told child sitting on his knee that he “loved a woman who wasn’t clean” and when asked if that was Mrs Santa he replied “No, it was her sister” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 9 (children’s interests) – sexual references were implied and would have gone over the heads of younger viewers – promo was correctly rated PGR and did not contain any material which warranted a higher classification of AO – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – most viewers would not have been offended by the promo when broadcast in this…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Complaint under section 8(1) of the Broadcasting Act 1989 Election programme – advertisement for the New Zealand National Party – John Key pictured in moving vehicle – complaint that Mr Key was not wearing a seatbelt – allegedly in breach of law and order and children’s interests standards Findings Election Programmes Code Standard E1 – standards in the Free-to-Air Television Code apply to election programmes Standard 2 (law and order) – advertisement showed Mr Key removing seatbelt – reasonably attentive viewer would have concluded that he was wearing a seatbelt – even if he was not shown wearing a seatbelt, would not have breached Standard 2 – not upheld Standard 9 (children’s interests) – advertisement did not contain any material likely to disturb or alarm children – not upheld This headnote does not form part of the decision....

ComplaintHolmes – cure for acne – drug identified – side effects not reported – misleading – unbalanced – partial FindingsStandard G6 – not controversial issue to which the standard applies – decline to determine; other standards not relevant ObservationIssue to be considered when free-to-air code is revised This headnote does not form part of the decision. Summary The availability of an effective treatment for acne was the subject of an item on Holmes broadcast on TV One on 23 March 2000 between 7. 00–7. 30pm. A dermatologist and a doctor were interviewed, as well as two young people who had both been successfully treated by a named drug. The Pharmaceutical Management Agency Ltd (PHARMAC) complained to Television New Zealand Ltd, the broadcaster, that the broadcast was misleading and unbalanced. In particular it expressed its concern that the broadcaster had been used to promote a prescription medicine....

ComplaintThe Craft – film – theme witchcraft and sorcery – evil and violent – unsuitable for children FindingsStandard G2 – warning – AO – fantasy theme – acceptable in context Standard V1 – minimal violence – neither gratuitous nor prolonged – justifiable in context Standard V16 – warning – 8. 30pm – broadcaster mindful of effect This headnote does not form part of the decision. Summary Sorcery and witchcraft were themes in the film The Craft which was broadcast on TV2 on 28 October 2000 beginning at 8. 30pm. Mark Singh complained to Television New Zealand Ltd, the broadcaster, that "the evil and violent content" of the programme was unacceptable. He expressed concern about its impact on younger viewers. In its response, TVNZ emphasised that the film was a fantasy thriller which was quite divorced from reality....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Without a Trace – promo showed a woman interrogating a beaten man, who was sitting on a chair, his hands tied and bleeding – woman aimed a nail gun at the man’s groin and stated “…I will nail more than your hand to the chair” – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – promo did not condone, promote or glamorise criminal activity – not upheld Standard 7 (programme classification) – promo correctly classified as PGR – not upheld Standard 9 (children’s interests) – majority agreed that the broadcaster adequately considered the interests of child viewers – not upheld Standard 10 (violence) – promo was brief – did not contain explicit violence – majority considered broadcaster exercised…...

ComplaintMost Wanted – 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 Without Me, Kiss Kiss and In the Middle and, according to Ms Swenson, Love Don’t Cost a Thing, were broadcast on TV3 and TV4 at various times on various dates between 17 and 21 July 2002. [2] Tina Swenson complained to TV3 Network Services Ltd and TV4 Network Ltd, the broadcasters, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Groove in the Park – text messages ran across the bottom of screen during broadcast of live music event on Waitangi Day – contained content which the complainant found offensive – allegedly in breach of good taste and decency, contrary to children's interests, denigratory and in breach of promotion of liquor standardFindingsStandard 1 (good taste and decency) – use of expletives in graphic sentences was contrary to the observance of good taste and decency – upheldStandard 6 (fairness) and guideline 6g (denigration) – text messages encouraged denigration of and discrimination against sections of the community based on race – upheldStandard 9 (children’s interests) – broadcast was G-rated and children likely to be watching on a public holiday – content highly unsuitable for children – upheld Standard 11 (liquor) – unable to determine in the absence of a recording – decline…...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 130/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-071 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAWRIE MALATIOS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...