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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-175 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANDREW MACPHERSON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S Maling Chairperson L M Loates R McLeod J Withers...

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996 - 029 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item about fathers frustrated with the Family Court system – included interview with father who had been involved in custody dispute – identified his eight-year-old daughter – allegedly unbalanced, inaccurate, in breach of daughter’s privacy and children’s interests Findings Standard 3 (privacy) – highly offensive disclosure of private facts about child – not in child’s best interests – no public interest in disclosing facts – upheld Standard 4 (balance) – broadcaster presented significant viewpoints on controversial issue under discussion – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 9 (children’s interests) and guideline 9i – child unnecessarily identified and exploited – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 13(1)(d) – payment to JB for breach of privacy $500 Section 16(1) – payment of costs to the complainant of $3,000 Section 16(4) – payment of costs to the Crown $2,500 This headnote…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men and Scrubs promo – male character in Scrubs promo stated "I don’t like doing things I'm not good at", to which female character responded, "Yeah, that's why we don't have sex much" – male doctor in Scrubs promo talking to a female nurse said "My post-op is going in and out of consciousness. You know what I'd like to go in and out of?...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – interviewee compared playing old songs to having sex and an orgasm – allegedly in breach of good taste and decency and children’s interests standards. Findings Standard 1 (good taste and decency) – comparison was delivered in a straightforward and low-key manner – contextual factors – not upheld Standard 9 (children’s interests) – item was mild and light-hearted in nature – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 5 April 2007, showed an interview with Ray Manzarek, a former member of the rock group “The Doors”. [2] Towards the end of the interview, Mr Manzarek was asked if he ever got tired of playing the same songs. Mr Manzarek replied: Are you sick and tired of having sex?...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Promo for The Tudors – contained sequence of brief scenes including woman standing with her arm across her chest, with one breast partly visible, and two shots of male character lying on top of a woman in bed kissing her – allegedly in breach of programme classification and children’s interests standards Findings Standard 7 (programme classification) – majority considered promo was appropriately classified PGR – broadcast during unclassified host programme – not upheld Standard 9 (children’s interests) – majority considered broadcaster considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast at 7. 20am on TV One on Sunday 9 September 2007 during the current affairs programme Sunday....

SummaryA controversial exhibition of works by American artist Keith Haring, then showing at Wellington City Gallery, was featured on Backch@t. The programme included an interview with the Rev Graham Capill who had claimed the works were offensive. During the interview, he held up to the camera a drawing by Haring which he claimed depicted bestiality. The programme was broadcast on TV One at midday and 10. 40 pm on 25 April 1999. Mr Thomas complained to Television New Zealand Limited, the broadcaster, that the footage of the drawing was indecent and tasteless, particularly as it was broadcast at a time when children were able to view the programme. Because the programme was pre-recorded, there had been time to edit or obscure the picture, he wrote....

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....

ComplaintDocumentary New Zealand: "The Complainers" – offensive behaviour – nudity; unsuitable for childrenFindings Standard G2 – not offensive in context – no uphold Standard G12 – AO – warning – 8. 30pm – no uphold This headnote does not form part of the decision. Summary A Documentary New Zealand programme entitled "The Complainers" was broadcast on TV One on 3 July 2000 at 8. 30pm. Among those featured was a complainant who has complained regularly about broadcasters’ practice of electronically masking the genitals of people appearing naked in programmes. He and a woman were shown naked in a brief sequence, part of which showed his body un-pixellated. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the sequence, which showed the woman’s breasts and the man’s genitals, was offensive when broadcast in family viewing time....

Summary In a review of events surrounding the Erebus crash, it was reported that the then CEO of Air New Zealand had told a senior pilot "I’ll cut your f-ing balls off". The remark was quoted in a 60 Minutes item broadcast on 28 November 1999 at 7. 30pm, the 20th anniversary of the crash of the Air New Zealand plane in the Antarctic. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that such language was offensive, unacceptable and entirely unnecessary, particularly in a programme which dealt with a subject still painful for the friends and relatives of those killed. TVNZ emphasised the context in which the remark was made and suggested the comment reflected the bitterness and unresolved questions arising from the disaster. In its view, the phrase spoke volumes about the emotions aroused by the debate....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – New York correspondent reported on Christie Brinkley’s divorce – said that her husband “masturbated to web cams” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] Breakfast was broadcast on TV One between 6. 30am and 9am on 11 July 2008. Each week, the programme’s New York correspondent reported on the latest celebrity news from the United States....

Summary A documentary about the naturist movement in New Zealand, entitled Inside New Zealand: Nude Zealand, was broadcast on TV3 on 16 June 1999, commencing at 8. 30 pm. It contained footage of naked men and women, including breasts and male genitalia. Kristian Harang complained to TV3 Network Services Limited, the broadcaster, that the broadcast portrayed nudity as normal, whereas very few people in New Zealand were nudists and many would object to nudity being screened in their homes. The numerous scenes of naked men and women, and male genitals, in family viewing time would have a detrimental effect on children and young people, he wrote. TV3 responded that the documentary was preceded by a written and verbal warning, and screened in AO time. The programme’s depiction of nudity was innocent and non-sexual, it wrote, and portrayed the naturists’ bodies matter-of-factly....

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....

ComplaintThe Tribe – teen drama series – violence – unsuitable viewing material for children Findings Standards 4, 5 & 6 – not relevant – decline to determine Standard 1 – contextual matters – no uphold Standard 2 – no uphold Standard 9 – not unsuitable for teenage audience – no uphold Standard 10 – violence ritualistic and symbolic – no uphold This headnote does not form part of the decision Summary [1] An episode of The Tribe, a "futuristic teen drama" was broadcast on TV3 on Sunday 14 July 2002 at 9. 50am. [2] Francis Fielding complained to TV3 Network Services Ltd, the broadcaster, that the programme contained violence and was inappropriate viewing material for children. [3] When the broadcaster failed to respond to his formal complaint, Mr Fielding referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989My Wife and Kids – adult character made references to sex life – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – programme contained oblique and light-hearted sexual innuendo – mild sexual banter would have gone over the heads of younger viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of My Wife and Kids was broadcast on TV2 at 5. 30pm on Wednesday 11 February 2009. At the beginning of the programme, a family were shown sitting around their kitchen table eating when the mother announced that she wanted to open her own restaurant. The children left the room and the mother and father were left sitting at the table....