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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-137 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WILLIAM J WYBER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Complaints Friends – two episodes – references to "peeing" in one and depiction of strippers in the other – offensive behaviour – actors involved aged twenty something – inappropriately classified G – broadcasters not mindful of effect on child viewers FindingsStandard G2 – context – no uphold Standard G8 – affirms positive values – appropriately classified – no uphold Standard G12 – not alarming – no uphold This headnote does not form part of the decision. Summary [1] Friends is a long-established sitcom involving the adventures and love lives of six young people living in New York City. A jellyfish sting sequence was dealt with in the episode broadcast on TV2 at 6. 30pm on 29 November 2001 and one of the characters, Joey, recalled that "peeing" on a sting had been recommended as a remedy on the Discovery Channel....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert & Jono’s Drive Show – host told personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself – story intended to be humorous – host used the term “mental” to refer to people with intellectual disabilities – allegedly in breach of standards relating to good taste and decency, fairness and discrimination and denigrationFindingsStandard 1 (good taste and decency) – story was conveyed in a light-hearted manner – the term “mental” in reference to people with intellectual disabilities was used without malice or invective – co-host made mitigating comments – host also made comments that were positive towards people with intellectual disabilities – not upheldStandard 7 (discrimination and denigration) – comments did not amount to hate speech or vitriol and the story was told without malice – did not encourage the denigration of, or discrimination against,…...

SummaryThe Millennium Moment broadcast on TV One on 28 December 1999 during One News beginning at 6. 00pm included an item on nudist clubs. It reported that there were 24 nudist clubs in New Zealand with about two thousand members. Members of one such club were shown relaxing or playing sport. Kristian Harang complained to Television New Zealand Ltd that the item would have encouraged children and young people to consider nudism in public as normal when in fact only a small percentage of people were members of nudist clubs. He contended that the content was offensive and unsuitable for broadcast when children were watching television. TVNZ responded that the brief item was one of a series designed to record notable anniversaries and to reflect the diversity of life in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item reported on death of motorcyclist on racing track – included footage of the accident – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – footage was brief and shot from a distance – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Breakfast, broadcast on TV One at approximately 7. 05am on Monday 6 September, reported on the death of a motorcyclist. The news reader stated, “In sport, there’s been an horrific death in the 250cc section of the Moto GP in San Marino. Japanese rider Shoya Tomizawa on the red bike was killed after being hit by two others in this incident. The other two riders escaped serious injury....

Download a PDF of Decision No. 1993-062:Connolly and Radio New Zealand Ltd - 1993-062 PDF416. 71 KB...

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in determination of this complaint. Summary [This summary does not form part of the decision. ] An episode of The AM Show featured an interview with Hon. Kelvin Davis regarding the Government’s scheduled series of nationwide Hui with Māori. The programme also discussed legal action taken by prisoners against the Department of Corrections over strip searches, and a short clip of comments by host Duncan Garner on this issue was included in a promo for The AM Show broadcast that evening. A complaint was made that Mr Garner’s comments in relation to the first topic amounted to racist ‘slurs’ against Māori and were dismissive of the Crown’s efforts to fulfil its Treaty obligations, and that the discussion of the second topic trivialised prisoners’ ‘serious abusive treatment’. The Authority did not uphold either aspect of the complaint....

The Authority has not upheld a complaint that a radio host’s description of a rugby match between the Blues and the Crusaders as ‘a battle of good versus evil’ breached broadcasting standards. The Authority found that the comment was used to describe a competitive sporting rivalry between the Blues and the Crusaders and in context it was not likely to cause undue distress or harm. The Authority determined that the comment was not unfair to the Crusaders as it was a general comment about the nature of the match, and that there was no identified section of the community for the purposes of the discrimination and denigration standard. The Authority also emphasised the importance of freedom of expression and the value of hearing the authentic New Zealand voice. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration...

The Authority did not uphold a complaint under the good taste and decency standard about the use of coarse language in the American action comedy film Beverly Hills Cop. Taking into account relevant contextual factors, including the AO classification, time of broadcast at 8. 30pm during adult viewing time, clear warning for frequent use of coarse language, and audience expectations of the film and TVNZ DUKE, the Authority was satisfied the broadcaster gave viewers sufficient information to regulate their own, and their children’s, viewing. In the context, the broadcast did not threaten community standards of good taste and decency and the broadcaster adequately enabled child viewers to be protected from potentially unsuitable content. Not Upheld: Good Taste and Decency, Children’s Interests...

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

The Authority has not upheld a complaint a Sunday feature about sexually explicit social media sites breached the good taste and decency and children’s interests standards. In the context, particularly noting the public interest value of the feature, audience expectations, and nature of the programme, the Authority considered the broadcast was unlikely to cause widespread undue offence, or undermine widely shared community standards. The Authority found the content did not go beyond what the audience could reasonably expect of the programme, and the introduction was sufficient to signpost the type of content to be expected. Not Upheld: Good Taste and Decency and Children’s Interests...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

ComplaintOne News – report referred to film "Austin Powers – The Spy Who Shagged Me" – "shagged" – offensive language FindingsStandard G2 – decline to determine Cross ReferenceDecision No: 1999-163 This headnote does not form part of the decision. Summary An item on One News broadcast by TV One between 6. 00–7. 00pm on 12 January 2000 described the development of a new open top sports car by Jaguar. In that context, reference was made to the film "Austin Powers – The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that "shagged" was an offensive, aggressive and macho anti-woman term which was unacceptable for broadcast at a time when children were encouraged to watch television....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – teaser for upcoming item contained footage of bare-breasted women – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was fleeting and shown from a distance – factual report – contextual factors – not upheld by majority This headnote does not form part of the decision. Broadcast [1] At the beginning of 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, the presenters highlighted the major stories of the evening, one of which concerned the Auckland “Boobs on Bikes” parade. As footage of the parade was briefly shown, the presented stated: And not just boobs on bikes, there are bazookas on tanks as well. [2] The footage of the parade included a shot of four bare-breasted women standing up in a convertible car....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item on duck hunting – hunter pointed a rifle at the camera – allegedly in breach of good taste and decency, law and order and violence Findings Standard 2 (law and order) – hunter’s action was intended to be humorous and light-hearted – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 2 Standard 10 (violence) – subsumed into consideration of Standard 2 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – segment was an attempt at humour and satire – the outcome as broadcast demonstrated flaws in stereotyping – broadcast would not have offended most listeners in context, was not socially irresponsible, and did not reach high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Real Life: The World’s Most Enhanced Woman and Me – promo for documentary about presenter’s search for woman with largest breast implants in the world – contained footage of a number of women with very large breasts – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – footage was relatively inexplicit and was not salacious – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] A promo for The World’s Most Enhanced Woman and Me, a documentary in which the programme presenter went in search of the woman with the largest breast implants in the world, was broadcast on TV One at 6....