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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 123/94 Dated the 1st day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GROUP OPPOSED TO ADVERTISING OF LIQUOR Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item examined attitudes of “boy racers” in Christchurch and the efforts by police to curb their activities – allegedly inaccurate FindingsStandard 5 (accuracy) – item focused on the “boy racers” and their attitudes – did not purport to examine the issue from residents’ perspective – clear from the item that “boy racer” activities were noisy and disruptive – also stated that police were outnumbered and struggling to contain the problem – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Sunday, broadcast on TV One at 7. 30pm on 31 May 2009 reported on the ongoing problem of “boy racers” in Christchurch and efforts by police to curb their activities....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News Tonight – item about washing machine for dogs – at the end of the item the presenter said, “And then you hang them by their front paws on the washing line” – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comment was intended to be humorous – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News Tonight, broadcast on TV One at 11pm on Wednesday 17 March 2010, reported on the invention of a washing machine for dogs in Japan. A dog was shown being washed and then blow-dried in the machine. Following the story, the news reader said, holding up his hands, “And then you hang them by their front paws on the washing line....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-071 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAWRIE MALATIOS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintOne News – kiwi released back to wild after recovery from injury in “hunter’s trap” – allegedly inaccurate and unfair to describe person who accidentally trapped kiwi as “hunter” – allegedly denigrated recreational huntersFindings Standard 5 – “hunter” and “trapper” sufficiently synonymous – not inaccurate – not upheld Standard 6 – recreational hunting not an “occupational status” and recreational hunters not a “section of the community” under Guideline 6g – recreational hunters not referred to in item – not upheld This headnote does not form part of the decision Summary [1] An item broadcast on One News on TV One on 6 January 2004 reported that a kiwi had been released back into the wild after five months spent recovering from “life-threatening injuries [sustained] in a hunter’s trap”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Spongebob Squarepants – cartoon programme – characters went on a “panty raid” to steal women’s underwear – allegedly in breach of children’s interests FindingsStandard 9 (children’s interests) – contextual factors – content not unsuitable for children – not upheld This headnote does not form part of the decision. Broadcast [1] The cartoon Spongebob Squarepants, which follows the activities of characters in an underwater community, was broadcast on weekdays at 4pm on TV2. The episode screened on 31 August 2006 was about an ageing crab who was attempting to recapture his youth with a night on the town. The characters suggested that they go on a “panty raid” to steal women’s underwear. To the crab’s horror, he discovered that the raid was on his mother’s house and the underwear belonged to her....

SummaryAn item on Holmes, broadcast on TV One on 1 October 1998 between 7. 00-7. 30 pm, examined the Hikoi of Hope. It featured a representative from the Anglican Church and a critic of the hikoi, each being interviewed by the presenter. Ms Larkin complained to Television New Zealand Limited, the broadcaster, that the presenter’s introduction to the item was insulting, and contained derogatory descriptions, such as "the Hiccup of Hypocrisy". The presenter’s statements made it clear, she said, that the item would not be presented in a fair and neutral manner. TVNZ responded that while the Hikoi of Hope was a serious attempt to draw attention to the reality of poverty in New Zealand, the Anglican Church’s sponsorship of it had been controversial....

Summary A man who emulated the lifestyle of the fictional Austin Powers character was the subject of a news report on TV One broadcast between 6. 00–7. 00pm on 11 July 1999. In that context, reference was made to the recently released Austin Powers film "The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an offensive macho term which degraded women and was not acceptable during a family hour broadcast. TVNZ acknowledged that the word "shagged" contained strong sexual innuendo, but argued that its level of offensiveness had been considerably moderated. It noted that the word was used only once during the item and that was in the context of the film’s title. It did not consider that that single reference breached any broadcasting standards....

ComplaintFair Go – person claimed poor workmanship and incomplete work by building contractor – inaccurate – untruthful – unfair – partial – deceptive programme practice – privacy breached FindingsStandard G1 – Authority not appropriate body to determine factual disputes – decline to determine Standards G3, G5, G6, G7, G11, G12 – subsumed under standard G4 Standard G4 – threat of violence central to complainant – not given adequate weight – uphold Privacy principle (iv) – no uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary Poor workmanship by the building contractor was the claim of a woman whose house had been renovated to accommodate wheelchair access paid for by the ACC, according to an item on Fair Go broadcast on 13 September 2000 beginning at 7. 30pm....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Good Morning – included interview with author and Associate Professor of Psychology Niki Harrè about her new book – Ms Harrè was referred to as a “psychologist” in ‘coming-up’ teaser – allegedly in breach of accuracy standard FindingsStandard 5 (accuracy) – single reference to “psychologist” in the ‘coming-up’ teaser was not a material point of fact – term used colloquially and not intended to denote technical meaning – any impression created was clarified by the item itself – not inaccurate or misleading – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Good Morning was broadcast on TV One on 19 October 2011. The episode included an interview with Niki Harrè who was introduced as “author and Associate Professor of Psychology”, about her new book on the psychology of sustainability....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with father of escaped prisoner – used words “arsehole” and “bugger” – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A father whose son had escaped from prison was interviewed in an item broadcast on Holmes at 7. 00pm on 22 April 2004. The father, whose home had been burgled by his son on at least three occasions, appealed to his son to give himself up. During the interview, the father used the word “arsehole” and also used the word “bugger” at least three times. Complaint [2] Gary Welch and Don Campbell each complained to Television New Zealand Ltd, the broadcaster, that the use of the word “arsehole” was unacceptable and in breach of the standard requiring good taste and decency....

ComplaintTeachers – promo – reference to periods, sanitary towels and tampons – offensive FindingsStandard 1 and Guideline 1a – context – time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] A promo for the series Teachers was broadcast during the screening on TV One of the Led Zeppelin concert The Song Remains the Same, which started at 10. 30pm on Saturday 5 April 2003. [2] G E Williams complained to Television New Zealand Ltd, the broadcaster, that the references to periods, sanitary towels and tampons in the promo, broadcast without warning, were offensive. [3] Initially TVNZ treated the complaint, in error, as an informal one. When it responded to the formal complaint, TVNZ contended that the references were not inherently offensive and, furthermore, had been broadcast more than two hours after the 8. 30pm watershed. It declined to uphold the complaint....

ComplaintThe Book Group – drama – male sex scene – offensive FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The Book Group is a series about a group of people who regularly meet to discuss books, and is described by the broadcaster as a “quirky and unpredictable drama”. An episode broadcast on 24 September 2003 at 10. 05pm on TV One included a scene of two men having sex. [2] Michael Beedell complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and “inappropriate for public viewing”. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Beedell referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Babel – young female movie character shown exposing her genitals at approximately 9. 01pm – allegedly in breach of good taste and decency, children's interests and responsible programming standards FindingsStandard 1 (good taste and decency) – genital nudity brief and indistinct – relevant to storyline – contextual factors – not upheld Standard 9 (children's interests) – broadcaster adequately considered the interests of child viewers – not upheld Standard 8 (responsible programming) – movie correctly classified AO – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Babel was broadcast on TV One at 8. 30pm on Saturday 14 August 2010. The film followed four seemingly unrelated stories about people living in different parts of the world that eventually intertwined and led back to a powerful gun bought by a Moroccan goat herder....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – instrumental excerpts from the song “Smack My Bitch Up” by Prodigy played in the background during item reporting on violence against women – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – broadcast not unacceptable in context and within broadcaster’s right to freedom of expression – only viewers who knew the song would have recognised it from the instrumental excerpts – use of the instrumental excerpts did not undermine the important message of the segment but drew attention to, and raised awareness of, the issue – rhythm and tone of music fitted segment – not upheld This headnote does not form part of the decision....

ComplaintOne News – Shop closure in country town – comment from observer – "It’s going to be a bugger to lose that shop" – language offensive. FindingsStandard G2 – language not inappropriate in context – no upholdThis headnote does not form part of the decision. Summary The comment "It’s going to be a bugger to lose that shop" was used by a man interviewed during an item about the closure of the Deka shop in Dargaville. The item was broadcast on One News on 16 March 2001 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive. TVNZ responded that the word was not inappropriate in the context of the item, and declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Schwabe referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

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