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Binks and 20 Others and TVWorks Ltd - 2010-141
2010-141

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Outrageous Fortune – coarse language broadcast during the first ten minutes of the programme including the word “cunt” – broadcaster upheld breaches of good taste and decency and children’s interests standards in relation to the use of the word “cunt” – action taken allegedly insufficientFindingsStandard 9 (children’s interests) – guideline 9b – frequent use of language amounted to broadcast of strong adult material too close to 8. 30pm watershed – broadcaster did not adequately consider children’s interests – upheld Standard 8 (responsible programming) – frequent coarse language and use of the word “cunt” in first 10 minutes of the programme constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheldStandard 1 (good taste and decency) – frequent coarse language before 8....

Decisions
Boyce, Nevell and Simmers and CanWest TVWorks Ltd - 2006-062
2006-062

Complaints under section 8(1)(a) of the Broadcasting Act 19893 News – item about file sharing software – showed images from a snuff movie three times during short item – woman seen begging not to be filmed with a gun held to her head – gunshot heard on one occasion but with no image – allegedly in breach of good taste and decency, law and order, privacy, fairness, children’s interests and violence standards – broadcaster upheld complaints under Standard 1, spoke to news staff and broadcast on-air apology – complainants dissatisfied with decision and action taken FindingsStandard 2 (law and order) – broadcaster did not encourage viewers to break the law or glamorise the criminal activity shown – not upheld Standard 3 (privacy) – irrespective of whether the snuff movie was real or fake, no breach of privacy – not upheld Standard 6 (fairness) – unable to determine whether woman treated fairly – decline…...

Decisions
Candy and TV3 Network Services Ltd - 2001-065
2001-065

ComplaintMost Wanted – music video – "Hey Boy Hey Girl" by The Chemical Brothers – depiction of two skeletons having sex – breach of good taste and decency – broadcaster not mindful of the effect of broadcast on young children FindingsStandard G2 – video acceptable in context for general audience – no uphold Standard G12 – unsuitable for children when broadcast at 9. 30am on Saturday morning – uphold No Order This headnote does not form part of the decision. Summary The music video "Hey Boy Hey Girl" by The Chemical Brothers, broadcast on TV3 during the programme Most Wanted at 9. 30am on 10 February 2001, depicted a young man and woman who morphed into skeletons and then back into humans. The skeletons appeared to be having sex....

Decisions
Riwai-Couch and TVWorks Ltd - 2012-014
2012-014

Complaint under section 8(1C) of the Broadcasting Act 1989Underbelly: Razor – sex scene broadcast at 8. 42pm – allegedly in breach of children’s interests standard FindingsStandard 9 (children’s interests) – sex scene amounted to “strong adult material” broadcast close to the Adults Only watershed – broadcaster did not adequately consider children’s interests – upheld No Order This headnote does not form part of the decision. Introduction [1] An episode of Underbelly: Razor was broadcast on TV3 at 8. 30pm on 30 November 2011. At 8. 42pm, a sex scene was shown, in which a woman was on top of a man in bed. Her breasts were briefly visible, and she could be heard moaning. [2] The episode was preceded by the following visual and verbal warning: This programme is rated Adults Only and is recommended for a mature audience....

Decisions
Cripps and MediaWorks TV Ltd - 2015-043
2015-043

Summary[This summary does not form part of the decision. ]A promo for NCIS and NCIS: LA showed scenes of guns being fired, photos of a dead body and someone getting punched in the face, among other things. The Authority upheld a complaint that the broadcast did not adequately consider children's interests. The content was not suitable for unsupervised child viewers, so the promo should have received a higher classification than G (for general audiences). On this basis the Authority found that the promo also breached the violence standard, as the broadcaster did not exercise adequate care and discretion when dealing with violent content. Upheld: Children's Interests, ViolenceOrder: Section 16(4) – $500 costs to the Crown Introduction[1] A promo for NCIS and NCIS: LA showed scenes of guns being fired, photos of a dead body and someone getting punched in the face, among other things....

Decisions
Parsonson and TV3 Network Services Ltd - 2000-079
2000-079

Complaint3 News – circus tigers escaped – footage of vet being shot dead by pursuers – no warning – graphic content – unsuitable for children FindingsStandard G12 – unsuitable for broadcast without warning – majority uphold Standard V12 warning required for disturbing images – majority uphold This headnote does not form part of the decision. Summary Footage showing the capture and shooting of one of three Bengali tigers which had escaped from a circus in Warsaw was broadcast on 3 News on 15 March 2000 between 6. 00-7. 00pm. The item included footage of a veterinarian, who was trying to shoot the tiger with a tranquiliser gun, himself being accidentally shot and killed. Gillean Parsonson complained to TV3 Network Services Ltd that it was "thoroughly irresponsible" to broadcast such graphically violent content in the early evening when children would be watching television....

Decisions
Hoskin and CanWest TVWorks Ltd - 2005-077
2005-077

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....

Decisions
Shrapnell and Television New Zealand Ltd - 2000-073
2000-073

ComplaintOne News – footage of atrocities in Chechnya – disturbing and alarming – unsuitable for children FindingsStandard V16 – no warning – broadcaster did not demonstrate it was mindful of children – footage graphic and disturbing – uphold Decision No: 2000-033 distinguished ObservationStandard V12 – not cited – potential uphold No Order This headnote does not form part of the decision. Summary Footage of atrocities committed by the Russian army in Chechnya was broadcast on One News on TV One between 6. 00–7. 00pm on 25 February 2000. A body was seen being pushed off a truck, and another was shown being dragged by the heels behind a truck. There were also shots of more bodies being buried by soldiers. John Shrapnell complained to Television New Zealand Ltd, the broadcaster, that it was unacceptable to show graphic shots of such atrocities in the early evening....

Decisions
JB and Television New Zealand Ltd - 2006-090
2006-090

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…...

Decisions
Wilton and Television New Zealand Ltd - 2000-153
2000-153

ComplaintWhat Now? PM – decriminalisation of cannabis – information intended for children – pictures of a joint being rolled – unsuitable for childrenFindingsStandard G12 – visuals not consistent with voiceover commentary – unsuitable for children – uphold No Order This headnote does not form part of the decision. Summary The decriminalisation of cannabis was the subject of an item on What Now? PM broadcast on TV2 on 13 July 2000 at about 5. 00pm. Footage accompanying the item showed a cannabis joint being rolled, and two people sharing a joint. Sharon Wilton complained to Television New Zealand Ltd, the broadcaster, that the visual content was unsuitable for inclusion in a programme intended for children. TVNZ explained that the purpose of the item was to inform children of the legislative moves to decriminalise cannabis and the position of MP Nandor Tanczos....

Decisions
Sundborn and TVWorks Ltd - 2010-044
2010-044

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Decisions
Coates and Television New Zealand Ltd - 2009-116
2009-116

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Decisions
Stroud and TVWorks Ltd - 2013-044
2013-044

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon contained sexual references and innuendo – allegedly in breach of children's interests and responsible programming standardsFindingsStandard 8 (responsible programming) and Standard 9 (children's interests) – episode contained sexual content that was not suitable for unsupervised child viewers and so incorrectly classified G – should have been classified PGR – broadcaster did not adequately consider children's interests when incorrectly classifying the episode and screening it in G time – upheld under both standards No Order This headnote does not form part of the decision. Introduction [1] An episode of Futurama, an animated cartoon series, contained sexual references and innuendo. The episode was classified G (General) and screened on FOUR at 6. 30pm on Friday 31 May 2013....

Decisions
Viewers for Television Excellence Inc and Television New Zealand Ltd - 2004-196
2004-196

Complaint under section 8(1)(a) of the Broadcasting Act 1989Six Feet Under – promo – broadcast on two occasions at about 7. 00pm – portrayed character being kidnapped in his funeral van and later assaulted, robbed and left in dark alley – allegedly unsuitable for children in view of violence FindingsStandard 9 (children’s interests) and Guidelines 9a, 9e and 9f – PGR rated promo shown in G time – previously ruled unacceptable – upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for Six Feet Under was broadcast during One News, on two occasions, between 6. 00–7. 00pm on 27 and 28 September 2004. Six Feet Under is an AO classified programme which screens at 9. 40pm. [2] The promo showed a male character, David, being kidnapped in his own funeral van, and later assaulted, robbed and left in a dark alley....

Decisions
Nicholls and Television New Zealand Ltd - 1999-064
1999-064

Summary The film Heat was broadcast on TV2 at 8. 30pm on 3 January 1999. Mr Nicholls complained to Television New Zealand Limited, the broadcaster, about the standard of language used in the film. He objected to the excessive use of "fuck", "fucking", and associated words, he wrote, because it led to their normalisation. He argued that the offending words could have been beeped out. The film was shown in holiday time, he said, and swear words should not be accepted on prime family time television. TVNZ responded that the film started at 8. 30pm which was adult programming time, it was clearly rated AO, indicating that it was unsuitable for children, and it was preceded by a specific warning about its violence and language. It said the warning was delivered visually and verbally....

Decisions
Hooker and TV3 Network Services Ltd - 2002-120
2002-120

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....

Decisions
Mitchell and Television New Zealand Ltd - 1998-122
1998-122

SummaryA special Assignment programme broadcast on TV One on 31 May 1998 at 6. 30pm focused on the trial of Malcolm Rewa, accused and found guilty of a large number of sexual attacks on women. It replaced the advertised Our World programme. Mrs Mitchell complained to Television New Zealand Ltd, the broadcaster, about the time of the broadcast, which she said breached standards of good taste and decency, and the fact that it replaced a programme watched unsupervised by many children. She noted that no warning had been given about the change to the schedule, but even if it had, she observed, many families would not have been aware of the warning. In its response, TVNZ noted that Rewa’s trial, which had concluded the previous day, had elicited a great deal of public interest....

Decisions
Hamilton and Television New Zealand Ltd - 1990-004
1990-004

Download a PDF of Decision No. 1990-004:Hamilton and Television New Zealand Ltd - 1990-004 PDF736. 19 KB...

Decisions
Kelcher and Prime Television New Zealand Ltd - 2003-018, 2003-019
2003-018–019

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Decisions
O'Neill and TVWorks Ltd - 2011-127
2011-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989LMFAO Video Hits – LMFAO song “Shots” broadcast at 7....

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