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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-147 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOYCE HEIJBOER CAMPBELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-178 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CATHY MICKLESON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-058 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DR GLYN THOMAS of Palmerston North TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-087 Dated the 6th day of August 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL SHAND of Auckland Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryA promo for an episode in the series The Human Body showed a naked pregnant woman and was broadcast on TV One at about 6. 40pm on 17 September. Ms Hutchings of Palmerston North complained that it was disgusting to use that imagery to sell a programme, particularly in the early evening. She pointed out that viewers who might choose not to watch the programme because they found the images offensive were not given a choice about watching the promo because no prior warning was given. In its response, TVNZ maintained that as the image was not prurient it did not breach the good taste standard. It emphasised that pregnancy was part of the natural process of human life which the series traced from conception, through pregnancy and birth to adolescence, adulthood and finally death....

SummaryLight-hearted skits displaying some of the dangers for naïve first time house buyers were broadcast as items on Fair Go between 7. 30–8. 00pm on 14 and 21 October 1998. The Real Estate Institute of New Zealand Inc. complained to Television New Zealand Ltd, the broadcaster, that each item was a satire in which the script questioned the integrity of real estate agents, and presented them as unscrupulous. It sought an apology. Maintaining that the items contained scenarios which illustrated the pitfalls faced by home buyers if they failed to make proper checks, TVNZ said that they were designed to inform and not to ridicule. They provided basic educational material and, it said, did not imply that agents would deliberately mislead. TVNZ did not uphold the complaint. Dissatisfied with TVNZ’s decision, the Institute referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Summary A representative of a beneficiaries’ organisation was interviewed on National Radio’s Nine to Noon on 21 July 1999 beginning at 9. 06am. The interview arose in the context of controversy surrounding the operation of Work and Income New Zealand. Mr Boyce complained to RNZ, the broadcaster, that the beneficiary representative was not treated fairly because he was not named in the introduction to the item. He contended that the interviewee was discriminated against because of his status as a beneficiary. RNZ provided a brief response in which it asserted that the interviewee had been dealt with fairly, and that it had acted in a socially responsible manner. It declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Boyce referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to determine the complaint....

Summary The film Primal Fear was broadcast on TV2 at 8. 30pm on 11 July 1999. It concerned the trial of a young man accused of the murder of a Roman Catholic archbishop. Aaron Authier complained to Television New Zealand Ltd, the broadcaster, that the film was an attack on Christianity. He said he objected to the blasphemous language used and the manner in which Catholic clergy had been represented in the film. In his view, it should have been preceded with a warning about its content. TVNZ responded by noting that the film was classified as AO and was screened during AO time. Furthermore, it was preceded by a warning which emphasised that it was intended for adult audiences. To the complaint that the film discriminated against Catholics and misrepresented the clergy, TVNZ responded by reminding the complainant that the film was a work of fiction....

Summary Pulsate Wanaka Big Air contained a mix of competition skiing and music. The comment – "I hope he’s not gay" – was made by the presenter in response to being kissed on the top of his head by a competitor. The programme was broadcast on TV2 at 5. 00 pm on 15 August 1999. Ms Durkin complained to Television New Zealand Limited, the broadcaster, that in a programme aimed at the youth market such derogatory comments were irresponsible, reinforced negative stereotypes and created prejudice. TVNZ responded that the programme was presented in a light-hearted fashion and featured exuberant personalities. It was an off-the-cuff joke, it wrote, and was intended to be humorous. While it was sorry Ms Durkin was offended, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Ms Durkin referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintNewstalk ZB – Leighton Smith – comment on fax received from Credo Society regarding standards in the media – denigrated because of beliefs FindingsPrinciple 5 – not dealt with unfairly – no disrespect shown – no uphold This headnote does not form part of the decision. Summary Parts of a fax from Mrs Barbara Faithfull of the Credo Society Inc were read out by host Leighton Smith on Newstalk ZB on 26 July 2000 at about 8. 48am. The host suggested that there was not a lot of support for her views. Barbara Faithfull, secretary of the Credo Society Inc, complained to The Radio Network Ltd, the broadcaster, about what she called the derisive tone in which her fax had been read. She objected to the host’s failure to refer to some matters she had raised in her faxed letter....

ComplaintNightline – item about Irish singer Sinead O’Connor’s new album - old footage of O’Connor ripping up photo of Pope – breach of good taste/decency – encouraged discrimination against/denigration of CatholicsFindings Standard G2 – footage not gratuitous – context highly relevant – no uphold Standard G13 – item did not encourage discrimination against/denigration of Catholics – no uphold This headnote does not form part of the decision. Summary A news item about the Irish singer Sinead O’Connor’s latest album, broadcast on Nightline on TV3 just before 11pm on 1 August 2000, included eight-year-old footage of O’Connor ripping up a photo of Pope John Paul II. W M Moore complained to TV3 Network Services Ltd, the broadcaster, that the item breached standards of good taste and decency and encouraged denigration of, or discrimination against, Catholics....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on an Italian television personality who groped David Beckham’s genitals – news presenters commented on the incident – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – while the comments were sexist, they were intended to be humorous and lacked the necessary invective for a breach of the standard – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Friday 22 January 2010, reported that David Beckham had his genitals groped by an Italian television personality during a media interview....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 132/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SPECTRUM of Nelson Broadcaster BAYS TELEVISION LIMITED of Nelson J M Potter Chairperson L M Loates R McLeod...

Summary A promo for South Park contained a "news update" in which police had asked, "If you see this little eight year old boy, kill him and immediately burn his body". The promo was broadcast at 9. 40 pm and 10. 15 pm on TV4 on 5 April 1998. An episode of South Park broadcast on TV4 on 6 April at 9. 30 pm contained fart and diarrhoea jokes. Ms O’Brien complained to the broadcaster, TV3 Network Services Limited, that the promo incited violence and murder of children, failed to maintain law and order, failed to observe good taste and decency, and discriminated against a young boy. She also complained that puerile descriptions of faeces and related bodily functions were not comedy, and the episode was in breach of good taste and decency....

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

SummaryThe word "Poms" was used on Breakfast broadcast on TV One on 23 December 1998 at 7. 00am in reference to the English cricket team which was touring Australia. Mr and Mrs Whitmore complained to Television New Zealand Ltd, the broadcaster, that the word "pom" was without doubt racial discrimination. They asserted that no other race was belittled in the same way, and noted that the remark was often used in association with a report of a losing sporting performance. TVNZ responded that in its view the word did not carry the offensive connotations which the complainants attached to it. It was, TVNZ argued, a term used affectionately by residents of New Zealand and Australia. It noted that the issue had already been before the Authority which had concluded that the term did not breach broadcasting standards. It declined to uphold the complaint....

Summary The promo for an edition of 60 Minutes broadcast on 6 February 1999 referred to a story about short people and raised an issue about their decision to "breed". Mr Price of Wellington complained to Television New Zealand Ltd, the broadcaster, that he was offended by the use of the word "breed" in that context, as he considered it was more appropriately used in connection with animals and plants than with people. He wrote, "People, even short ones, ‘have children’. " TVNZ did not agree that the verb "to breed" had a pejorative meaning, and pointed to the dictionary definition of the word as " to bear, to generate (offspring)". It said it found no breach of either standard G2 or G13. The item, it continued, was a very positive one, and described how the gene which caused dwarfism had been identified....