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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 28/94 Dated the 9th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAEME NORTH of Warkworth Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 75/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A. VOOGT of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 97/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

SummaryA film called The Cowboy Way, broadcast by TV3 Network Services Ltd, on 23 September at 8. 30pm, featured actors Woody Harrelson and Kiefer Sutherland as two cowboys who travelled to New York to find the killer of their friend. Mr Standen complained to TV3 that a scene in the film depicted a calf being prepared by the cowboys to suckle on a man’s penis as a form of torture. He claimed the scene was depraved and pornographic, and should not have been broadcast. In describing the film, TV3 stated that the two central characters, while trying to find their friend’s killer, used methods they had learned as cowboys to survive in the city and elicit information about the killing. It maintained that the "suckling calf torture" scene was intended to be humorous and was not pornographic....

ComplaintBreakfast session – Lakes FM – skit about felling trees for runway extension in Rotorua – bad taste – unbalanced – irresponsibleFindingsPrinciple 1 – sensitive issue, but not precluded from satirical treatment – no uphold Principle 2 – no uphold Principle 4 – other viewpoints aired – no uphold Principle 7 – humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on Lakes FM on 19 September 2000 at about 7. 20am, two breakfast session hosts joked about felling trees to enable the runway at Rotorua airport to be extended. The background noises included the sound of chainsaws. Ngati Rangiteaorere, the owners of a stand of trees adjacent to the airport, complained through their solicitors to Lakes FM about the broadcast....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bro’ Town – characters talked about young boy being a “bastard” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – programme encouraged acceptance of children of single parent families rather than encouraging discrimination against them – legitimate humour and satire – not upheld Standard 1 (good taste and decency) – “bastard” was not used as a swear word – material was acceptable for a PGR-rated comedy programme at 7. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Bro’ Town, an animated comedy chronicling the misadventures of five Auckland teenagers growing up in the imaginary suburb of Morningside, was broadcast on C4 at 7. 30pm on Monday 15 March 2010. Some of the characters were shown talking in a backyard....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Rude Awakenings – scene in which man and woman have sex on a table – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Rude Awakenings was a New Zealand drama series focussing on the lives of neighbouring Ponsonby families. An episode screened at 8. 30pm on Friday 16 February included a scene in which one of the central female characters – who was dissatisfied with her marriage – had sex with her personal trainer on a table. The personal trainer continued to watch sport on television while having sex. [2] The scene was shot from behind the male character, whose naked buttocks were visible. No female nudity was shown....

Complaints under section 8 of the Broadcasting Act 1989Californication – programme contained swear words, discussions of sexual themes, sex scenes (including one involving violence) and implied teenage drug use – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language was legitimate for a challenging drama – sex scenes and dialogue concerning sexual themes were integral to the storyline – teenage drug use was implied – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Californication was broadcast on TV3 at 9. 30pm on 8 November 2007. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Hank was suffering from writer’s block and was struggling to raise his 12-year-old daughter, while still holding strong feelings for his ex-girlfriend, Karen, the mother of his daughter....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Crowd Goes Wild – included review of Soccer World Cup game between Portugal and the Netherlands – one presenter used phrase “Filthy Dutchman” four or five times – allegedly denigratory and in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – subsumed under Standard 6 – denigration of Dutch was essence of complaint – not upheld Standard 6 and Guideline 6g (denigration) – high threshold for denigration not met – not upheld. This headnote does not form part of the decision. Broadcast [1] The Crowd Goes Wild, broadcast on weekdays by Prime at 7. 00pm, is hosted by two presenters who take a light-hearted approach to recent sporting events....

Complaint Mercury Lane – segment on short film Cow – film shown in full – bestiality – bad taste FindingsStandard G2 – context – no uphold This headnote does not form part of the decision. Summary [1] Mercury Lane was broadcast on TV One at 9. 05pm on 24 November 2001. The programme is a series which looks at various aspects of the arts in New Zealand. One of the segments was about the short film Cow. The film was broadcast in its entirety, and comment from the actors and the writer/director followed. [2] E P Cook complained to Television New Zealand Ltd, the broadcaster, about a scene in Cow in which one of the characters appears to be having sex with a cow. [3] TVNZ did not consider that the scene breached standards relating to good taste and decency, in the context in which it was broadcast....

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Summary An excerpt from the performance of the Paul Taylor Dance Company was shown at the conclusion of One Network News broadcast on TV One on 25 November between 6. 00–7. 00pm. Kristian Harang complained to Television New Zealand Ltd that the item, which he said showed naked men, breached acceptable standards of decency and also was offensive to children who might have been watching. TVNZ responded that all of the dancers, both men and women, were wearing patterned tights. It noted that ballet tights were part of the normal attire for both classical and modern dance performances. In the circumstances, it concluded that no standards were relevant. Dissatisfied with TVNZ’s decision, Mr Harang 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 uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Glee promo – male character in a wheelchair said, “I want to be very clear, I still have the use of my penis” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – majority of the content was fun and cheerful – sexual innuendo would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Glee, a musical comedy series, was broadcast on TV3 at 9. 45am on 13 January 2011, during The Biggest Loser Australia, which was rated G. Most of the promo showed characters singing and dancing. Near the end of the promo, a boy in a wheelchair was shown saying to a girl, “I want to be very clear....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included footage of rugby player mouthing the words “fucking bullshit” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – language inaudible which reduced its potential to offend – contextual factors – not upheld Standard 9 (children’s interests) – language would have bypassed most children as they would have to have been actively watching to understand what was said – news not targeted at, nor likely to appeal to, children – not upheld This headnote does not form part of the decision. Introduction [1] An item on One News, broadcast at 6pm on TV One on 28 April 2012, reported on the fate of the Auckland Blues rugby team following their eighth successive loss....

Summary [This summary does not form part of the decision. ]The hosts of the Jase and Dave Drive Show on Classic Hits joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through. The Authority did not uphold the complaint that the use of sexual innuendo was inappropriate for broadcast. No coarse language was used and inexplicit sexual innuendo is permissible during children’s listening times. The host also indicated the topic may be unsuitable for younger listeners, giving parents and caregivers an opportunity to exercise discretion. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During the Jase and Dave Drive Show, broadcast on Classic Hits on the evening of Tuesday 27 August 2013, the hosts joked about a ‘sex drive-in’ in Switzerland and made humorous comparisons with a fast food drive-through....

Download a PDF of Decision No. 1993-100:Minister of Women's Affairs (Hon Jenny Shipley) and Television New Zealand Ltd - 1993-100 PDF635. 3 KB...

Download a PDF of Decision No. 1992-097:Collier and TV3 Network Services Ltd - 1992-097 PDF266. 42 KB...

Summary [This summary does not form part of the decision. ]Native Affairs reported on 'jailed Northland farmer, Allan Titford, and his fight with Te Roroa', and his supporters. The Authority did not uphold Kerry Bolton's complaint that the action taken by Māori TV, having upheld his complaint that it was inaccurate to accuse him of being a 'Titford supporter', was insufficient. This was a matter of interpretation and opinion that could not be conclusively assessed as accurate or inaccurate. The Authority also declined to uphold an additional complaint that the report was misleading and unfair. The report was based on the opinions of the interviewees and was legitimately presented from a Māori perspective. It was not necessary to present alternative views on Mr Titford's guilt or innocence, and no participant was treated unfairly....

The Authority did not uphold a complaint under the good taste and decency and children’s interests standards about an item on 1 News reporting live from Wellington amid protests against increasing rates of sexual violence, which showed a protest sign in the background reading ‘Don’t fuckin’ touch me’. Although some viewers may have been surprised by this, the Authority found overall the potential harm did not outweigh freedom of expression. The Authority took into account: the high public interest in the item; the sign was partially obscured for half of the item; the word complained about was not spoken; and the broadcaster had limited editorial control over the public’s actions during a live cross to the reporter. Not Upheld: Good Taste and Decency, Children’s Interests...