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Road Transport Forum New Zealand and TV3 Network Services Ltd - 1997-114
1997-114

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-114 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROAD TRANSPORT FORUM NEW ZEALAND Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Whitham and TV3 Network Services Ltd - 1999-178
1999-178

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

Decisions
Owen and Television New Zealand Ltd - 2000-086
2000-086

ComplaintHolmes – Waitara shooting – interview with eye-witnesses – failure to observe standards consistent with maintenance of law and orderFindings(1) Standard G5 – no prejudice to any proceedings or disrespect for principles of law – no uphold (2) Standard G6 – balance provided during period of current interest – no uphold This headnote does not form part of the decision. Summary A Waitara couple who had witnessed some of the events which resulted in the shooting by police of Stephen Wallace was interviewed on Holmes broadcast on TV One on 2 May 2000 beginning at 7. 00pm. I B Owen complained to Television New Zealand Ltd, the broadcaster, that the interview was tantamount to "trial by television" and breached the requirement for broadcasters to observe standards consistent with the maintenance of law and order....

Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Decisions
R and TV3 Network Services Ltd - 2000-179
2000-179

ComplaintInside New Zealand – theft in the workplace – privacy – unfair – police diversion scheme – inaccurateFindingsPrivacy – no identification – no private facts – no uphold Standards G1, G3, G4, G5, G6, G7, G14, G16 and G19 – no uphold This headnote does not form part of the decision. Summary An Inside New Zealand documentary entitled "Stealing on the Job" was broadcast on TV3 on 23 August 2000 at 8. 30pm. Hidden camera footage showed employees in various workplaces stealing money from their employers. Promos for the programme were shown in the days preceding the broadcast. R, the father of one of those filmed, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that his son’s privacy had been breached by the broadcast of the programme and the promos for it....

Decisions
Ede and The Radio Network Ltd - 2009-005
2009-005

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Morning Pirates – hosts discussed the act of people photocopying their naked bottoms on the office photocopier – one of the hosts photocopied his bottom on the radio station's photocopying machine and encouraged listeners to do the same – host invited listeners to exchange photocopies with him via facsimile – allegedly in breach of good taste and decency, law and order and responsible programming Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – hosts' actions were inoffensive and harmless – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Pirates breakfast show, broadcast on Radio Hauraki at 7....

Decisions
Anderson and Radio Pacific Ltd - 1997-059
1997-059

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-059 Dated the 15th day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by T K ANDERSON of Auckland Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Department of Internal Affairs and Television New Zealand Ltd - 1998-109
1998-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-109 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DEPARTMENT OF INTERNAL AFFAIRS TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Christian Heritage Party, Woodham and Hille and TV3 Network Services Ltd - 2000-087, 2000-88, 2000-089, 2000-090
2000-087–090

ComplaintQueer as Folk – offensive behaviour – homosexuality – paedophilia – offensive language – fuck – blasphemy – God – Jesus Christ; unbalanced – unlawful acts portrayed FindingsStandard G2 – AO time – series challenging – community divided – no uphold Standard G5 – did not condone illegality – no uphold Standard G6 – not relevant Standard G12 – not relevant Standard G13 – no denigration – no uphold This headnote does not form part of the decision. Summary Episodes of Queer as Folk were broadcast on TV4 on 8 and 15 March 2000 beginning at 9. 30pm. The 8 March episode showed simulated sex between an adult male and a 15-year-old male, and the 15 March episode included a story line which referred to homosexual activity with the same young man....

Decisions
Stott, on behalf of ADHD.org.nz, and Oliver and Television New Zealand Ltd - 2000-130, 2000-131
2000-130–131

Complaint60 Minutes – item on Ritalin – offensive – irresponsible – failed to respect principles of law – likely to place children at riskFindings(1) Standard G5 – no disrespect for law evidenced – no uphold (2) Standard G2 – public interest – current affairs – audience expectations unlikely to have been exceeded – no uphold (3) Standard G12 – not relevant – no uphold (4) Standard G16 – public interest – no uphold This headnote does not form part of the decision. Summary An item on the black market for the prescription drug Ritalin was broadcast on 60 Minutes on TV One on 11 June 2000 beginning at 7. 30pm. On behalf of ADHD. org....

Decisions
Lowe and TV3 Network Services Ltd - 2000-169
2000-169

ComplaintInside New Zealand – "The Naked Breast" – promo – masking of breasts – untruthful – discriminatory – deceptive – corrupts children FindingsStandard G1 – no uphold Standard G5 – not applicable Standard G7 – not applicable Standard G12 – no evidence of corruption – no uphold This headnote does not form part of the decision. Summary A promo for the Inside New Zealand documentary "The Naked Breast" was screened on TV3 during the evening of 10 September 2000. Breasts were masked by means of a design graphic as the voiceover described some of the programme’s content. John Lowe complained to TV3 Network Services Ltd, the broadcaster, that masking the breasts in the promo sent a message that they were a prohibited part of the body. He said that the masking obscured the truth, was discriminatory and therefore illegal, was deceptive and corrupted children....

Decisions
Shields and Fulham and TV3 Network Services Ltd - 2000-106, 2000-107
2000-106–107

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G6 – reasonable opportunity given to Dr Fahey to answer all serious allegations – no uphold (2) Standard G4 – no unfairness in circumstances – personal information justified anonymity – timing of broadcast justified – public interest – no uphold (3) Standard G5 – no uphold (4) Standard G19 – editing fair and not distorted – no uphold (5) Privacy – no breach for police station footage – consent given to interview – no uphold This headnote does not form part of the decision. Summary Dr Morgan Fahey, a Christchurch GP and mayoral candidate, was the subject of a 20/20 item entitled A Position of Power broadcast on TV3 between 7. 30 – 8....

Decisions
Smith and Television New Zealand Ltd - 2000-135
2000-135

ComplaintAlly McBeal – drama – male applicants for law practice required to take off shirts – discrimination against men – sexual harassment in the workplace – inconsistent with maintenance of law and order Findings(1) Standard G13 – no discrimination or denigration – legitimate dramatic work – no uphold (2) Section 4(1)(b) – no uphold This headnote does not form part of the decision. Summary An episode of Ally McBeal was broadcast on TV2 on 5 July 2000 at 8. 30pm. A sequence in the programme featured two women interviewing male applicants for a position in a legal practice. The applicants were asked to remove their shirts during the interview process. S Smith complained to Television New Zealand Ltd, the broadcaster, that the sequence represented "illegal" sexual harassment of the men involved, and encouraged discrimination against men....

Decisions
Tarrant and TV3 Network Services Ltd - 1994-076
1994-076

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 76/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by TERRY TARRANT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Findlay and Television New Zealand Ltd - 2010-041
2010-041

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

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
Cooke and TVWorks Ltd - 2009-149
2009-149

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Sports Tonight – words “tough” and “disconnect” allegedly used by presenters – allegedly in breach of good taste and decency, law and order, and privacy Findings Standards 1 (good taste and decency), 2 (law and order) and 3 (privacy) – adequate response from broadcaster – use of the words did not threaten broadcasting standards in any way – not upheld This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Friday 25 September 2009. Sports Tonight was broadcast on TV3 at 11pm on Wednesday 30 September 2009....

Decisions
Valenta and Television New Zealand Ltd - 2002-154
2002-154

ComplaintM2 – "One Night in New York City" – music video – theme of drug rape – portrayal of criminal sexual activity – breach of good taste and decency Findings Standard 1 – context, including offensive language and behaviour – majority uphold Standard 2 – Guideline 2e – anti-social behaviour portrayed but not glamorised – no uphold No Order This headnote does not form part of the decision. Summary [1] A music video by the band The Horrorists, entitled "One Night in New York City", was broadcast on M2 on TV2 at approximately 4. 25am on 10 February 2002. The lyrics told the story of a 15-year-old girl who visited New York City, and went home with a man she met at a nightclub. The man gave her a pill, which she took, and then she asked him what it was....

Decisions
Taylor and TVWorks Ltd - 2010-008
2010-008

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – item featured the “Yike Bike” which had been named the 15th best invention of 2009 in Time magazine – reporter was shown riding the bike without wearing a helmet – allegedly in breach of law and order Findings Standard 2 (law and order) – oversight by broadcaster – did not threaten the maintenance of law and order – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Campbell Live, broadcast on TV3 at 7pm on Tuesday 24 November 2009, featured the “Yike Bike”, created in New Zealand, which had been named the 15th best invention of the year in Time magazine. Throughout the item, the reporter and some of the bike’s creators were shown riding the Yike Bike, without wearing helmets....

Decisions
Young and Television New Zealand Ltd - 2010-046
2010-046

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Big Bang Theory – scene showed a male and female character drinking alcohol and then in bed together – allegedly in breach of law and order, responsible programming, children’s interests, violence and liquor FindingsStandard 9 (children’s interests) – liquor consumption was borderline in a PGR programme but scene involved fictional adult characters in a comedic context – acceptable for children with parental guidance – not upheld Standard 11 (liquor) – programme did not advocate liquor consumption – no liquor promotion – showing liquor was incidental to the programme – not upheld Standard 2 (law and order) – programme did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme did not contain subliminal perception – not upheld Standard 10 (violence) – programme did not contain any violence – not upheld This headnote does not form part of the decision.…...