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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-160 Dated the 4th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by NEW ZEALAND POLICE (Otago District) Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod...

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

ComplaintFair Go – auction of house – sale fell through – house resold to unsuccessful bidder – unreasonable to charge two commissions – unfair – unbalanced Findings(1) Standard G4 – promo – unfair – uphold (2) Standard G4 – items explained issues fairly – no uphold – Standards G6, G7 G11(i) – subsumed No Order This headnote does not form part of the decision. Summary Fair Go, a consumer advocate programme, is broadcast weekly on TV One at 7. 30pm. In the episodes broadcast on 12 and 19 July 2000, it reported that the vendor of a house believed that he had been unfairly charged a second commission by real estate agents after a first sale had fallen through and a subsequent sale had been made. His belief was alluded to in a promo for Fair Go which was broadcast on a number of occasions....

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....

Summary Storylines which ran through five episodes of Shortland Street broadcast at 7. 00pm during the week 31 August to 4 September 1998, concerned the intimate relationships of three sets of characters. The first storyline featured the relationship between a 17 year old female and a 28 old male, the second portrayed a male character who was painting a nude portrait of his partner, and the third concerned a male character who manipulated a young woman with whom he wished to have sex. Ms Barker complained to Television New Zealand Ltd, the broadcaster, that the storylines were offensive because they portrayed sex outside marriage as acceptable, and failed to examine the damaging consequences of such behaviour. She considered that the programmes’ PGR classification and 7. 00pm timeslot were inappropriate, as many younger children could still be viewing at that time....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter referred to Tip Top ice cream competition and informed viewers how to enter – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – segment did not threaten objectives behind “responsible programming” – promotions of this nature are now commonplace – Broadcasting Act and standards as written do not contemplate this type of segment or give authority to address these issues – not upheld Standard 9 (children’s interests) – broadcast was not aimed at children and would not have disturbed or alarmed any children who were watching, in the manner envisaged by the standard – not upheld This headnote does not form part of the decision. Introduction [1] During a segment on Breakfast, the presenter referred to a ‘Feel Tip Top Giveaway’ competition....

Summary[This summary does not form part of the decision. ]A promo for Aquarius, shown during Seven Sharp, included a brief shot of a partially clothed injured male character surrounded by female characters tending his wounds. The Authority did not uphold a complaint that the ‘sexualised’ promo was inappropriate for a time when children could be watching television. The promo did not depict any sexual activity or full nudity, and the shot complained about was fleeting and indistinct. The content was consistent with expectations of a PGR classification and the host news and current affairs programme, and any child viewers would have likely been supervised by adults. Not Upheld: Good Taste and Decency, Responsible Programming, Children’s InterestsIntroduction[1] A promo for Aquarius, shown during Seven Sharp, included a brief two-second shot of a partially clothed injured male character surrounded by female characters tending his wounds....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sticky TV – contained episode of Wizards of Waverly Place – involved teenage characters talking about dating and kissing as well as two characters kissing – Sticky TValso contained a segment called “What Would You Do? ” in which a panel of young teenagers gave advice about kissing – allegedly in breach of responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – Sticky TV correctly classified G – not upheld Standard 9 (children’s interests) – programmes addressed contemporary issues facing teens – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sticky TV was broadcast on TV3 between 3. 30pm and 5pm on Tuesday 15 June 2010. Another programme called Wizards of Waverley Place was broadcast in segments as part of Sticky TV....

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Mike Yardley Mornings – Newstalk ZB – discussion about financial problems at Christchurch Hospital – allegedly unbalanced, inaccurate and socially irresponsible FindingsPrinciple 4 (balance) – balanced discussion in talkback context – not upheld Principle 6 (accuracy) – one comment about acute demand provision inaccurate – upheld Principle 7 (social responsibility) – balanced discussion in talkback context – not upheld No Order This headnote does not form part of the decision. Broadcast [1] On 29 April 2004, Newstalk ZB talkback host Mike Yardley introduced the Mike Yardley Mornings show with a discussion about financial problems at Christchurch hospital....

ComplaintReel Life: The Truth about Lesbian Sex – promos – comments made by several women in the first promo – people examining sexual devices in the second promo – broadcast 5. 45pm and 10. 24pm respectively – offensive FindingsStandard 1, Guideline 1a – context – no upholdStandard 7, Guideline 7b – classification of promos correct – majority – no uphold Standard 9, Guideline 9a – broadcaster mindful of child viewers – majority – no uphold This headnote does not form part of the decision. Summary [1] Two promos, broadcast on TV One at 5. 45pm and 10. 24pm respectively, advertised an upcoming documentary, Reel Life: The Truth About Lesbian Sex. The first promo portrayed several women talking about their sexual practices. The second promo showed different sexual devices being examined by various people....

ComplaintsOne News – Late Edition – same item – person with cholesterol level of 43 – described as walking time-bomb – healthy level said to be between 3 and 5 – controversial – unbalanced – inaccurate FindingsSection 4(1)(d) – not controversial issue – no uphold Standard G6 – not controversial issue – no uphold Standard G14 – comment in passing on healthy level – no uphold Standard G16 – comment encouraged concern but not unnecessarily alarmist – no uphold This headnote does not form part of the decision. Summary [1] A man with a high level of cholesterol was interviewed on One News, broadcast between 6. 00 and 7. 00pm on TV One on 28 December 2001. The item described the man with a level of 43 as a "walking time-bomb", and the "healthy" level was said to be "between three and five"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Mid-Mornings with K-Lee – song titled “Our Love Suicide” by Tinie Tempah – broadcast at 11. 15am – contained the lyric “love suicide” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – the song lyric “love suicide” was used metaphorically to refer to the ending of a relationship and not in its literal sense – term innocuous when used in this context – not upheld Standard 8 (responsible programming) – the song did not promote or glorify suicide but related to the ending of a relationship – song not socially irresponsible – not upheld This headnote does not form part of the decision.  ...

SummaryThe subject of liable parent contributions was discussed on Nine to Noon on 3 August1993 and unemployment on Morning Report on 13 August 1993. Mr Fudakowski complained to Radio New Zealand Ltd that the dissenting view given in thediscussion about liable parents was unsourced and therefore was neither balanced norimpartial. With respect to the second item, he complained that comments about theinevitability of long-term unemployment were deeply offensive and lacked balance andobjectivity. In response, RNZ denied that the news items encouraged discrimination against anygroup, or that they were so lacking in balance that they were in breach of broadcastingstandards. Pointing out that the items contained expressions of opinion about matters ofpublic interest, RNZ explained that it could find no justification for the contention that thereporting of those statements imposed an obligation on the broadcaster to undertake anin-depth investigation into the subjects discussed....

Download a PDF of Decision No. 1993-120:Moffatt-Vallance and TV3 Network Services Ltd - 1993-120 PDF383. 9 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 22/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY SHEPHERD of Levin Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fence Jumping – promo – documentary about gay men who “came out” when married – broadcast during One News beginning at 6. 00pm – allegedly offensive, inappropriately classified and unsuitable for childrenFindings Standard 1 and Guideline 1a (good taste and decency) – context – not upheld Standard 7 and Guideline 7b (classification) – appropriately classified as G – not upheld Standard 9 (children’s interests) – homosexuality dealt with in straightforward way which was suitable for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the documentary Fence Jumping was broadcast during One News at about 6. 30pm on Sunday 25 April 2004. The documentary was about men who, while married, realised that they were gay and how such men “came out”. The promo indicated the programme’s content....

Summary Naked women were shown in promos for the programme The Making of the Human Body broadcast on TV One on 8 November, 9 November and 10 November 1998 between 6. 00–8. 00pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the display of naked women in G or PGR time breached the standard requiring the observance of good taste and decency. In her view, it was not appropriate to show images of naked women when children were watching television. She also argued that it was discriminatory to show only naked women and no naked men. TVNZ noted that the promo included an extract from the opening sequence of each programme which showed men and women of every age, many of whom were naked....