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Decisions
McDonald and Discovery NZ Ltd - 2022-065 (23 August 2022)
2022-065

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

Decisions
Walker and MediaWorks Radio Ltd - 2018-069 (14 November 2018)
2018-069

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that it was inappropriate to broadcast the song ‘Talk Dirty’ by Jason Derulo at 4pm on The Edge. The Authority noted the language complained about was censored in the song, minimising any potential offence or harm caused. Taking into account relevant contextual factors, including audience expectations of The Edge and the popularity and longevity of the song (first released in 2013), the Authority found that children’s interests were adequately considered and the song was unlikely to cause widespread undue offence. Accordingly, any restriction of the right to freedom of expression on this occasion would be unjustified. Not Upheld: Good Taste and Decency, Children’s Interests The broadcast[1] The song ‘Talk Dirty’ by Jason Derulo was broadcast at 4pm on 17 July 2018 on The Edge radio station....

Decisions
Ryan and NZME Radio Ltd - 2017-005 (24 March 2017)
2017-005

Summary[This summary does not form part of the decision. ]An audio clip promoting the ZM radio station stated that ZM played ‘hit after hit after goddamn hit’. The Authority did not uphold a complaint that the phrase ‘hit after goddamn hit’ was offensive to those who hold Christian or other religious beliefs and contrary to children’s interests. The Authority acknowledged that use of the term ‘goddamn’ may have caused offence to some listeners. However, in this case it was used as part of the station’s promotional messaging for playing continuous music and was not dwelt upon. Taking into account the right to freedom of expression, and the context of the broadcast, the term ‘goddamn’ could not be said to have encouraged the denigration of, or discrimination against, all Christians or others who hold religious beliefs....

Decisions
Maysmor and Discovery NZ Ltd - 2021-048 (21 July 2021)
2021-048

The Authority has not upheld a complaint about multiple images of needles and vaccinations being performed shown in two Newshub Live at 6pm items reporting on COVID-19. The Authority found the images were unlikely to cause widespread undue offence. There is a high public interest and value in news reporting about the vaccination programme. In the context of a news item, the images would not adversely affect child viewers. The balance standard did not apply. Not Upheld: Good taste and decency, Children’s interests, Balance...

Decisions
Campbell and Radio New Zealand Ltd -2019-077 (18 February 2020)
2019-077

Warning: This decision contains language that some readers may find offensive. The Authority upheld a complaint that the use of the word ‘fuck’ in an episode of the programme Eating Fried Chicken in the Shower breached the good taste and decency and children’s interests standards. While the Authority recognised the value and nature of the programme, it was not preceded by any offensive language warning which the Authority considered necessary as the language used was outside audience expectations for the programme, and the programme was aired at 7:30pm, at a time when children may be listening. Upheld: Good Taste and Decency, Children’s Interests No Order...

Decisions
Conn and Television New Zealand - 2020-011 (16 June 2020)
2020-011

The Authority did not uphold a complaint that the usage of the word ‘root’ in a Seven Sharp item breached the good taste and decency and children’s interests standards. The Authority took into account the relevant contextual factors including the nature of the discussion, the nature of the programme and the audience expectations of the programme. The Authority did not consider that the use of the word threatened community norms of good taste and decency, or that any potential harm justified restricting the right to freedom of expression. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Dick and Television New Zealand Ltd - 2020-139 (9 March 2021)
2020-139

The Authority has not upheld a complaint about a segment on Breakfast in which co-host John Campbell used the word ‘dick’ three times in reference to Donald Trump Jr. The complaint was that this pejorative use of the term ‘dick’ denigrated those, including vulnerable children, with the surname ‘Dick’, and subjected them to ridicule. The Authority acknowledged people with that surname may be more sensitive to its use in general, in broadcasting. However, it found Mr Campbell was referring specifically to Donald Trump Jr and most viewers would have interpreted it as meaning ‘a stupid or contemptible person’ – a widely understood and generally acceptable use of the term. On this basis, the Authority found the broadcast was unlikely to cause widespread offence to the general audience, or harm to children....

Decisions
Sta. Lucia and MediaWorks TV Ltd - 2019-048 (30 September 2019)
2019-048

The Authority has not upheld a complaint that an episode of Love Island UK, aired at 5pm and classified G, breached the children’s interests standard. The Authority noted that the episode of Love Island UK was heavily edited to meet the G classification required for the 5pm timeslot and was not the same as the extended version of the programme available online on ThreeNow. The Authority found that in the context in which it was aired the broadcast did not cause harm at the level that justified intervention by the Authority. While the episode of Love Island UK contained some mature themes, and may not reflect values that all parents and caregivers would endorse for children in their care, it did not contain content that would alarm or distress children to the extent justifying intervention....

Decisions
Keane and Radio New Zealand Ltd - 2017-054 (9 August 2017)
2017-054

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....

Decisions
Morgan and Discovery NZ Ltd - 2022-035 (30 May 2022)
2022-035

The Authority upheld a complaint the broadcast of the crime-drama Believe Me: The Abduction of Lisa McVey, classified ‘M’, on Bravo at 7. 30pm breached the children’s interests standard. The Authority found the movie was inappropriately classified, precluding viewers from making informed choices for their, and their children’s, viewing. The movie dealt with strong adult themes, including sexual violence, and contained distressing scenes outside the ‘M’ classification. The Authority acknowledged the broadcaster’s steps in informing viewer choice, but found the movie should have been classified as ‘16’, requiring a later broadcast time of 8. 30pm. Upheld: Children’s Interests No Order...

Decisions
Byrne and Television New Zealand Ltd - 2018-071 (14 November 2018)
2018-071

Summary[This summary does not form part of the decision. ]A complaint about a promo for Children Who Kill, broadcast at 5:30pm on a weekday during an episode of The Chase, has not been upheld by the Authority. The promo featured footage of a young boy and girl, with a voiceover explaining that the young boy murdered the girl and asking ‘should children who commit murder die behind bars? ’ The Authority did not uphold this complaint under the children’s interests or violence standards. The Authority found the promo did not go beyond the expectations of The Chase or TVNZ 1’s mature target audience. The Authority further noted that while murder and death are adult themes, the promo itself did not contain any unduly disturbing or graphic images or detail that required the restriction of the broadcaster’s right to freedom of expression....

Decisions
Wilson and Discovery NZ - 2021-026 (21 July 2021)
2021-026

The Authority has not upheld a complaint a news item about sex workers and escorts opening up about their work on social media breached the good taste and decency, children’s interests and programme information standards. The Authority noted the public interest in the broadcast and considered the content was within audience expectations for the news. In this context, the Authority found the item was unlikely to cause widespread offence or undermine community standards. The Authority also found the introduction to the item was sufficient to inform viewers of the nature of the coverage, enabling them to adequately protect themselves and their children from the content by choosing not to watch. Not Upheld: Good Taste and Decency, Children’s Interests, Programme Information...

Decisions
Bamber and MediaWorks TV Ltd - 2019-096 (23 April 2020)
2019-096

The Authority has not upheld a complaint that a remark about suicide made by Mr Burns at the end of The Simpsons Movie was in breach of the good taste and decency, children’s interests and violence standards. The Authority acknowledged that the remark pushed the boundaries of the G (General) classification and recognised the need for broadcasters to take particular care when addressing subjects such as suicide. However, noting the nature of, and audience expectations for, The Simpsons as well as the nature and position (within the credits) of the remark, the Authority concluded that the programme was unlikely to cause widespread undue offence or distress or to be unduly harmful or disturbing to children. The Authority also noted that there were no scenes of violence depicted. Not upheld: Good Taste and Decency, Children’s Interests and Violence...

Decisions
Burton and Television New Zealand Ltd - 2019-026 (23 August 2019)
2019-026

 The Authority has upheld a complaint that a promo for The Shallows shown during Finding Dory breached the children’s interests standard. The Authority found that the promo, which featured sinister and scary shark related content, was inappropriate for a child audience which would likely have been disturbed or alarmed by it. The Authority noted the importance of scheduling and editing promos for AO programmes appropriately, taking into account the classification of the host programme, and also the time of broadcast, target and likely audience of the host programme, and audience expectations. In considering the contextual factors, the Authority also found that the promo did not meet the G classification of the host programme. The Authority made no orders, and determined that the publication of the decision was sufficient to publicly notify and remedy the breach and would provide appropriate guidance to the broadcaster and to broadcasters generally....

Decisions
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Decisions
Radford and Television New Zealand Ltd - 2023-014 (28 June 2023)
2023-014

The Authority has upheld a complaint that an episode of wildlife documentary series Our Big Blue Backyard, classified ‘G’ and broadcast on TVNZ 1 at 7. 30pm, breached the children’s interests standard. This was on the basis the episode should have instead been rated ‘PG’, to signpost to parents or caregivers that supervision was recommended for younger viewers. The episode featured a scene where a female bottlenose dolphin was pursued, trapped and mated with by a group of male bottlenose dolphins. The Authority found the scene went beyond audience expectations of the programme’s ‘G’ rating as it featured mature themes, graphic images, and was dramatised in such a way that it may have been alarming or distressing for any children watching, and required adult supervision and guidance. Upheld: Children’s Interests No Order...

Decisions
Zacharias and Television New Zealand Ltd - 2021-104 (27 October 2021)
2021-104

The Authority has not upheld a complaint that an episode of The Simpsons breached the good taste and decency, children’s interests and violence standards. Considering the relevant contextual factors, the Authority found the episode was unlikely to cause widespread undue offence or distress, to undermine widely shared community standards or to cause harm to children. The Authority considered the episode did not contain material beyond what viewers could reasonably expect from the programme. The Authority also found the item did not contain any graphic depictions of violence. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Decisions
Singh and Radio Virsa - 2017-001 (27 October 2017)
2017-001

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Decisions
Torrey & Mayell and Television New Zealand Ltd - 2019-102 (7 May 2020)
2019-102

A 1 News item reported on the confessions of a man identified as America’s most prolific serial killer, Samuel Little. The Authority did not uphold complaints that the inclusion of a statement by the man breached the good taste and decency, children’s interests and violence standards. The Authority determined that the content was justified by context and in the public interest. The Authority acknowledged the high value in news and current affairs reporting and noted that the introduction to the item (which included reference to a ‘chilling’ police interview) was adequate to inform viewers of the nature of the coverage enabling them to adequately protect themselves and their children from the content by choosing not to watch....

Decisions
Parlane and Radio New Zealand Ltd - 2017-023 (16 June 2017)
2017-023

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

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