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Decisions
BL and MediaWorks Radio Ltd - 2017-025 (9 August 2017)
2017-025

Summary [This summary does not form part of the decision. ]During Jay-Jay, Dom & Randell, the hosts discussed their conversation with a guest the previous day who was described as a successful voice coach, and who gave tips about putting on a ‘sexy voice’. One of the hosts prank called two phone sex chat lines and spoke to the operators to see whether they used a ‘sexy voice’. One of the operators he spoke with was the complainant, who discussed practical aspects of the service, including how calls were conducted and paid for. A distinctive sound could be heard in the background of the call. The Authority upheld a complaint from the operator that this broadcast breached her privacy and was unfair....

Decisions
Solanki and Television New Zealand Ltd - 2015-069 (1 December 2015)
2015-069

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

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
Reekie and MediaWorks TV Ltd - 2018-045 (10 August 2018)
2018-045

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....

Decisions
McDonald and New Zealand Media and Entertainment - 2016-050 (22 August 2016)
2016-050

Summary[This summary does not form part of the decision. ]An item during a Newstalk ZB news bulletin featured an interview with Crusaders coach Todd Blackadder. The newsreader introduced the item by saying, ‘Crusaders coach Todd Blackadder believes their loss to the Highlanders is the kick up the backside they need. . . ’ The Authority did not uphold a complaint that the phrase ‘kick up the backside’ was rude, alluded to indecent assault and sexual abuse, and offended ‘community standards’. A ‘kick up the backside’ is a common, colloquial expression in New Zealand, meaning an unwelcome event or action that unexpectedly motivates or inspires. The expression would be well-known to listeners, who would not associate it with indecent or sexual assault. Therefore its use in this context did not threaten standards of good taste and decency....

Decisions
Cooper and SKY Network Television Ltd - 2009-034
2009-034

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989True Stories Uncut: Tantastic – contained shots of naked man – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was not titillating or salacious – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A documentary titled True Stories Uncut: Tantastic was broadcast on Prime Television at 9. 35pm on Friday 30 January 2009. The programme spoke to a number of people, described as “tanorexics”, who were obsessed with tanning, either naturally or through the use of sun beds or spray tans in salons. [2] At approximately 9. 55pm, the programme featured a middle-aged man who liked to sunbathe naked. He was shown undressing then lying naked in his backyard, mowing the lawns naked, and then walking down a beach naked....

Decisions
Oosterbroek and Television New Zealand Ltd - 2008-102
2008-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Decisions
Raffray and TV4 Network Ltd - 1999-090
1999-090

Summary A promo for the Jo Brand programme included a "stand-up" comedy routine in which the comedian related how her mother warned her not to take sweets from old men. In relating the story, she used the expression "getting his knob out". The promo was broadcast on TV4 on 26 January 1999 at 7. 40pm during a PGR-rated programme. Mr Raffray complained to TV4 Network Ltd, the broadcaster, that the language used resulted in the broadcast of AO content during a PGR time-slot, without any warning, and during a programme which appealed to younger viewers. TV4 responded that the promo had a "hard PGR" rating which, it wrote, meant that it could not screen in programmes aimed at children. Because of the way the joke was told, the colloquial words were obscure enough not to be understood by younger viewers, it added....

Decisions
Watkins and Television New Zealand Ltd - 1999-240
1999-240

Summary A line from the movie American Anthem which included offensive language was the subject of a complaint. In the movie, two gymnasts fall in love and deal with stressful personal lives, while training for the US national team trials. The movie was broadcast on TV2 on 10 October 1999 beginning at 12. 00pm. Kellie Watkins complained to Television New Zealand Ltd, the broadcaster, that the language was inappropriate for the time of broadcast. TVNZ upheld the complaint as a breach of standards G2 and G12. As a consequence, it reported that the movie was reclassified AO, so that future broadcasts in PGR time would be prevented unless the film was cut. TVNZ also apologised to Ms Watkins and her household. Ms Watkins contended that TVNZ’s action in response to the upheld complaint was inadequate....

Decisions
Milnes and TVWorks Ltd - 2010-025
2010-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fast Times at Ridgemont High – female movie characters shown practising on carrots how to perform oral sex – allegedly in breach of good taste and decency, children’s interests and fairness FindingsStandard 9 (children’s interests) – no explicit sexual activity was shown – movie was AO and broadcast outside of children’s viewing times – warning for sexual material allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Fast Times at Ridgemont High was broadcast on C4 at 8. 30pm on Wednesday 9 December 2009. At approximately 8. 42pm, two teenage female characters in the movie were shown eating in a high school cafeteria....

Decisions
West and Television New Zealand Ltd - 2010-073
2010-073

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....

Decisions
Howe and Torrey and TVWorks Ltd - 2009-130
2009-130

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....

Decisions
Turner and Television New Zealand Ltd - 2008-112
2008-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – man hit another’s head on a rock – man hit with baseball bat – unconscious man put in car and car set alight – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld by majority No Order This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 2 September 2008. It began with a car chase involving one of the central characters, Dr Craig Valentine, who was eventually forced off the road and down a bank....

Decisions
Dale and Horizon Pacific Television Ltd - 1997-017
1997-017

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-017 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A J DALE of Wellsford Broadcaster HORIZON PACIFIC TELEVISION LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Bernards and TV3 Network Services Ltd - 1999-154
1999-154

Summary In reporting the New Zealand cricket team’s visit to Buckingham Palace a 3 News sports item broadcast on 3 June 1999 beginning at 6. 00pm announced "The Blackcaps bowl up at Liz and Phil’s wicket…". Mr Bernards complained to TV3 Network Services Ltd, the broadcaster, that this reference was disrespectful to the Queen and the Duke of Edinburgh and overstepped the limits of acceptability. He sought a sharply worded warning to TV3’s management not to repeat such language. TV3 responded that the phrase was intended to be a brief, light-hearted pointer to the report coming up. It noted that the humorous reference was more than adequately balanced by the tone of the full news item. While it regretted that the complainant had found the reference distasteful, it did not consider it had breached broadcasting standards and it declined to uphold the complaint....

Decisions
Harang and Television New Zealand Ltd - 2000-124
2000-124

ComplaintDocumentary New Zealand: "The Complainers" – offensive behaviour – nudity; unsuitable for childrenFindings Standard G2 – not offensive in context – no uphold Standard G12 – AO – warning – 8. 30pm – no uphold This headnote does not form part of the decision. Summary A Documentary New Zealand programme entitled "The Complainers" was broadcast on TV One on 3 July 2000 at 8. 30pm. Among those featured was a complainant who has complained regularly about broadcasters’ practice of electronically masking the genitals of people appearing naked in programmes. He and a woman were shown naked in a brief sequence, part of which showed his body un-pixellated. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the sequence, which showed the woman’s breasts and the man’s genitals, was offensive when broadcast in family viewing time....

Decisions
Moore and TV3 Network Services Ltd - 1997-166
1997-166

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-166 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOSH MOORE of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Shepherd and TV3 Network Services Ltd - 1994-041
1994-041

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 41/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY SHEPHERD of Levin Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
O'Neil and Television New Zealand Ltd - 2010-124
2010-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989What Now – spoof of talent shows called "Fairytale's Got Talent" – guest judge said to Cinderella who was a contestant, "Next time I'm holding one of my balls, you're invited" – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – child viewers would have understood the comment to be a reference to the Cinderella fairytale – comment did not go beyond the programme's G rating – not upheld This headnote does not form part of the decision. Broadcast [1] During What Now, broadcast on TV2 at 8am on Sunday 15 August 2010, the programme's hosts and two former New Zealand Idol judges, Paul Ellis and Frankie Stevens, participated in a spoof of television talent contests, called "Fairytale's Got Talent". A contestant, Cinderella, performed on the saxophone....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-017 (21 May 2018)
2018-017

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

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