Search Rapua

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-150 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LIEUTENANT COMMANDER B I FOTHERINGHAM of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

ComplaintNewstalk ZB – offensive language – illegal – callous remark about shooting militia men in East Timor FindingsPrinciple 1 – flippant remark but not so offensive as to breach – no uphold Principle 2 – no uphold Principle 7 – not applicable This headnote does not form part of the decision. Summary Host Larry Williams, when listing topics for discussion on his programme, mentioned that New Zealanders had shot a militia man in East Timor, adding: "There’s plenty left to go. " This comment was broadcast during his programme on Newstalk ZB at about 4. 12pm on 27 September 2000. Mrs J K Sanders complained to The Radio Network Ltd, the broadcaster, that the host’s remark was "totally unacceptable and objectionable". In her view, the remark was contrary to the law and to standards of common decency. She requested that the station take "appropriate action" against the host....

Summary A repeat broadcast of an ICE TV programme was screened on TV3 on 17 July 1999, commencing at 9. 35am. ICE TV is a programme aimed at teenagers containing some humorous and informative material. O Blackburn complained to TV3 Network Services Limited, the broadcaster, that the programme contained language and nudity that was "unsuitable". TV3 responded that the programme was screened in PGR time and the nudity and language used were appropriate in that context. It contended that the nudity in the programme was not offensive. It said that the shots where the male presenters’ buttocks were visible were part of a comedic routine. It added that no genitalia or breasts were shown. As for the language, it stated it had "beeped" or removed words it considered offensive. TV3 declined to uphold the complaint....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretended to be Camilla Parker-Bowles singing a parody version of “Candle in the Wind” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – content of programme clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 3 September 2007, included a skit featuring a person acting as Camilla Parker-Bowles. She was shown singing a parody version of “Candle in the Wind”, supposedly in memory of Diana, Princess of Wales. Complaint [2] Brintyn Smith made a formal complaint about the episode to Television New Zealand Ltd, the broadcaster, alleging that the skit breached standards of good taste and decency....

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on closure of Gardies, a well-known student pub in Dunedin – contained male nudity including genitalia – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast on TV3 at 10. 39pm on Friday 18 June 2010, reported on the closure of a well-known student pub in Dunedin, The Garden Tavern, known as Gardies. The reporter stated that nudity had been a “big chapter in the bar’s history”, and approximately one minute into the item a group of young men were shown playing nude rugby outside the bar. The men were filmed running towards the camera, exercising and stretching, with their genitalia visible....

ComplaintRadio Pacific talkback – John Banks – critical of Italian team at America’s Cup – greasy Italians – unfair – offensive language – discriminatory – incomplete tape FindingsPrinciple 1 – offensive – uphold Principle 7 – no uphold OrderCosts to the Crown in the sum of $1000 This headnote does not form part of the decision. Summary During his talkback programme broadcast between 6. 00–9. 00am on 23 February 2000 on Radio Pacific, host John Banks referred to an incident which had occurred in the America’s Cup race the previous day when the Italian challenger had experienced a number of mishaps and a crew member suffered a head injury. Among other things, he was said to have described the team as "greasy Italians who should be sunk to the bottom of the Waitemata Harbour....

Complaint under section 8(1C) of the Broadcasting Act 1989Bhajan Sanghra – host started a discussion about the National Party taking over from the previous Labour-led government – host believed that New Zealand's Indian community had been well supported under Labour – voiced concerns regarding what the National-led government would do to assist and support the New Zealand Indian community – encouraged listeners to text him with their concerns, which he would forward to the National Party – allegedly in breach of good taste and decency and controversial issues standards Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 4 (controversial issues – viewpoints) – did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision....

The Authority has not upheld a complaint that a segment of Dom, Meg and Randell breached the good taste and decency and children’s interests standards. The Authority found that, while comments made on the show may have been distasteful to some, the broadcaster’s right to freedom of expression includes the right to broadcast such material provided this does not cause undue harm. The Authority found that, given the well-established nature of the programme, the station and their target audience, listeners and particularly those with children in their care had sufficient information to make an informed decision about what they listened to. The Authority noted that the standards do not prohibit inexplicit sexual references or sexual innuendo during children’s normally accepted listening times, and it was likely that many of the references during this segment would have gone over the heads of child listeners....

Summary[This summary does not form part of the decision. ]A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5. 20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code)....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-070 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WARWICK PASCOE of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 88/95 Decision No: 89 /95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALVA LANGFORD of Gisborne and ELISABETH GRUIJTERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 154 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D F HARVEY of Lower Hutt Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...

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....

The Authority has not upheld a complaint about a promo for Checkpoint, broadcast after the 8am news on 11 May 2021, which included soundbites, showcasing the previous day’s news, concerning a supermarket stabbing in Dunedin. The complaint alleged the promo sensationalised news that was no longer current, suggesting another stabbing had occurred, and unnecessarily repeated scenes of violence when affected families were still suffering and children were likely to be listening. In its context, the Authority found the promo content was not likely to cause widespread undue offence or distress and did not breach the children’s interests standard. The programme information, violence and balance standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Programme Information, Children’s Interests, Violence, Balance...

The Authority has not upheld a complaint about an item on 1 News that discussed a controversial wall-hanging in a Puhoi Pub bearing the n-word, and included footage of the wall-hanging itself. The complainant alleged the broadcast breached the good taste and decency standard by displaying the offensive term multiple times, when the item could have discussed the issue without doing so. The Authority noted the item censored verbal reference to the term by the pub’s owner, and was preceded by a verbal warning that ‘some viewers may find details in Jenny Suo’s story distressing’. It also noted the item’s footage of the wall-hanging was part of its critical examination of the issue, the offensive term was not depicted outside that context, and the broadcast carried significant public interest in creating an active public discourse....