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Summary[This summary does not form part of the decision. ]An episode of Criminal Minds featured the murder of three restaurant workers during an armed robbery, prompting the FBI’s Behavioural Analysis Unit to re-open a similar cold case that occurred six years earlier. The episode contained violence and drug use. The Authority did not uphold the complaint that the episode breached broadcasting standards relating to responsible programming, children’s interests and law and order. The Authority found that while the episode contained challenging content, it was classified AO and was preceded by an adequate warning. The programme’s classification, pre-broadcast warning and established reputation as a crime drama enabled viewers to make an informed viewing decision. The programme did not contain visual acts of violence, and the drug use was not portrayed in an instructional or encouraging manner and was part of the episode’s narrative context....

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Summary[This summary does not form part of the decision. ]A complaint regarding a comment made by radio host Wendyl Nissen about US President Donald Trump has not been upheld. During the segment, which reviewed the book, ‘The President is Missing’, Ms Nissen commented, ‘Wouldn’t that be great if [US President Donald] Trump just went missing? Like we just never heard from him again because someone killed him and put him at the bottom of the ocean…? ’ The Authority found the comment did not breach broadcasting standards. This was a flippant comment that was intended to be humorous and was in line with audience expectations for the programme, particularly considering the robust talkback radio environment. The Authority emphasised that humour is an important aspect of freedom of expression and found that limiting the broadcaster’s right to freedom of expression on this occasion would be unjustified....

Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Media 7 – discussed the Authority’s decision relating to TV3 investigation Let Us Spray and whether the programme should still have been awarded “investigation of the year” at the Qantas Media Awards – allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration Findings Standard 4 (controversial issues – viewpoints) – programme discussed the Authority’s decision – not a controversial issue of public importance to which the standard applied – appropriate viewpoints were sought and presented – not upheld Standard 5 (accuracy) – most of the comments complained about were clearly opinion – other inaccuracies alleged were not material points of fact to which Standard 5 applied – not upheld Standard 2 (law and order) – broadcast did not encourage, promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – community of Paritutu not a person or organisation…...

ComplaintInside New Zealand: The Hardest Decision – documentary – abortion –inaccurate statements – unbalanced – undermined New Zealand legislation FindingsStandard 2 and Guideline 2a – lawful standard maintained – no uphold Standard 4 – programme balanced – no upholdStandard 5 and Guidelines 5b, 5d & 5e – mixture of fact & opinion – accurate and impartial – no uphold This headnote does not form part of the decision. Summary [1] Inside New Zealand: The Hardest Decision was a documentary which followed three women while they made a decision about whether or not to have an abortion. Several other women, who had been through the same experience, were also interviewed on the programme. The documentary was broadcast on TV3 at 8. 30pm on 28 November 2002....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sons of Anarchy – fictional drama about outlaw motorcycle gang – allegedly in breach of good taste and decency and law and order standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – fictional adult drama did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sons of Anarchy was broadcast on TV3 at 9. 30pm on Wednesday 10 November 2010. The drama series revolved around the lives of members of a close-knit outlaw motorcycle gang, and their various rivals and associates....

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....

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview with the manager of teacher practice at the Education Council. The interview discussed the Council’s drug testing of teachers and its ‘zero tolerance’ approach to cannabis use, and referred to a recent finding of misconduct against a New Zealand teacher who refused to undergo a drug test. The Authority did not uphold a complaint that the item ‘pushed’ marijuana use by teachers. The item did not promote the use of illegal drugs or condone the behaviour of the teacher referred to. Rather, it offered a robust examination of the Council’s methods of drug testing teachers and its ‘zero tolerance’ approach to cannabis use. In this context the item did not encourage listeners to use illegal drugs or otherwise undermine law and order....

Download a PDF of Decision No. 1992-040:Ross and Television New Zealand Ltd - 1992-040 PDF441. 51 KB...

Download a PDF of Decision No. 1991-011:Town and Television New Zealand Ltd - 1991-011 PDF499. 97 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline – item reported that Jeremy Clarkson had apologised for his comments that striking workers should be shot – allegedly in breach of law and order, discrimination and denigration, and violence standards FindingsStandard 2 (law and order) – item was a straightforward news report about Mr Clarkson’s comments – broadcasting the comments did not encourage viewers to break the law – not upheld Standard 7 (discrimination and denigration) – re-broadcasting Mr Clarkson’s comments did not encourage the denigration of, or discrimination against, a section of the community – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of the decision Introduction [1] An item on Nightline, broadcast on TV3 at 10....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up @ 7 – item discussing the noise levels at a speedway in Auckland – showed the names of those who had presented a petition to the Environment Court – allegedly in breach of law and order, privacy, balance and fairnessFindings Standard 2 (law and order) – nothing inconsistent with the maintenance of law and order – no incitement to disorderly acts – not upheld Standard 3 (privacy) – signatures on a petition not private facts – not upheld Standard 4 (balance) – controversial issue – perspectives of both sides solicited in a balanced manner – not upheld Standard 6 (fairness) – subsumedThis headnote does not form part of the decision....

ComplaintExposé: The Secret Policeman – documentary – BBC reporter acting undercover as a policeman – reported racist attitudes of some police officers – detrimental to those who do not accept racism, especially young people Findings Standard 2 and Guidelines 2b and 2c – in public interest that disturbing attitudes are disclosed – not children’s normally accepted viewing time – not upheld Standard 1, Standard 3, Standard 4, Standard 5, Standard 6, Standard 7, Standard 9 and Standard 10 – to the extent that complaint raised broadcasting standards, all issues assessed under Standard 2This headnote does not form part of the decision Summary [1] The BBC documentary Exposé: The Secret Policeman involved a reporter working undercover as a police officer in Manchester. The programme revealed that some officers behaved in a racist manner or articulated racist views. It was broadcast on TV One at 9. 35pm on 2 December 2003....

Download a PDF of Decision No. 1991-012:Tregurtha and Television New Zealand Ltd - 1991-012 PDF394. 96 KB...