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Decisions
Schwabe and Television New Zealand Ltd - 2001-111
2001-111

ComplaintStrassman – fuck– offensive language FindingsSection 4(1)(a) – consideration of context required as specified in Standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits – bordering on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 19 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It pointed out that the Broadcasting Standards Authority had declined to uphold an earlier complaint from Mr Schwabe about such language in Strassman....

Decisions
Schwabe and Television New Zealand Ltd - 2000-038
2000-038

Summary In a review of events surrounding the Erebus crash, it was reported that the then CEO of Air New Zealand had told a senior pilot "I’ll cut your f-ing balls off". The remark was quoted in a 60 Minutes item broadcast on 28 November 1999 at 7. 30pm, the 20th anniversary of the crash of the Air New Zealand plane in the Antarctic. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that such language was offensive, unacceptable and entirely unnecessary, particularly in a programme which dealt with a subject still painful for the friends and relatives of those killed. TVNZ emphasised the context in which the remark was made and suggested the comment reflected the bitterness and unresolved questions arising from the disaster. In its view, the phrase spoke volumes about the emotions aroused by the debate....

Decisions
Schwabe and Television New Zealand Ltd - 2001-055
2001-055

ComplaintNew Zealand Festival: Virginity – language – "did you fuck him? " – offensive FindingsSection 4(1)(a) – not gratuitous – acceptable in context – no uphold This headnote does not form part of the decision. Summary The programme New Zealand Festival: Virginity was broadcast on TV One at 9. 35pm on 19 February 2001. One of the seven women who spoke of their first sexual experiences reported that she was later asked by an acquaintance, "did you fuck him? " Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "fuck" was grossly offensive. He argued that the classification of a programme as AO and the inclusion of a warning did not excuse the broadcaster from the requirement to maintain standards of good taste and decency....

Decisions
Classic Hits 99FM and The Heat 82.3FM - 2001-113
2001-113

ComplaintThe Heat – announcer named manager and referred to staff of Classic Hits abusively and as fuckwits – broadcaster upheld complaint – written apology insufficient. FindingsAction taken insufficient OrderBroadcast of apology This headnote does not form part of the decision. Summary Between 5. 30–6. 00pm on Saturday 30 June 2001, an announcer on The Heat named the manager of Classic Hits 99FM in Timaru and referred abusively to him, and to his staff. They were described on air as "fuckwits" and listeners were invited to phone Classic Hits and tell them what they thought of them. Garey Hanifin, Manager of Classic Hits 99FM in Timaru, complained to The Heat that the comments amounted to a "gross breach" of broadcasting standards. The Heat upheld the complaint. It accepted that the remarks were unfair and uncalled for, and apologised by letter....

Decisions
Mills and 95bFM - 2001-102
2001-102

ComplaintStudent radio 95bFM – song "XXX" by rap band Atom – failure of station to respond within 20 working days to complaint – language in song breach of good taste and decency – "fuck and shit and suck my motherfucking dick" FindingsPrinciple 1 – broadcaster upheld complaint – action taken sufficient – also appropriate now to apologise to complainant – no uphold This headnote does not form part of the decision. Summary The song XXX by Atom was broadcast on 95bFM at about 1. 00am on 22 September 2000. The song began with a string of expletives, including the words "fuck" and "shit" and the expression "suck my motherfucking dick". These expletives were repeated at various times during the song. Judy Mills complained to the broadcaster, 95bFM, that the use of the expletives breached standards of good taste and decency....

Decisions
McCarthy and TVWorks Ltd - 2010-093
2010-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on Russian supermodels – reported on dangers of sexual exploitation in the modelling industry – comment about thirteen-year-old girl being paid to have sex – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – statement matter-of-fact and relevant to the subject matter – not salacious – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at approximately 6. 22pm on 5 July 2010, reported on the worldwide success of Russian supermodels and the dangers of sexual exploitation in the modelling industry....

Decisions
Rape Prevention Group Inc and The RadioWorks Ltd - 2000-003, 2000-004
2000-003–004

Summary The words "stick my hard dick up your butt" were reported by the complainant to have been used by an announcer on The Rock at around 10. 20pm on 20 July 1999. The complainant reported that the same announcer used the words "in between the legs" in the course of a discussion about an eclipse of the moon, during the evening of 28 July 1999. The Rape Prevention Group Inc. complained to The RadioWorks Ltd, the broadcaster, that it had breached Principles 1 and 7 of the Radio Code of Broadcasting Practice. The Rape Prevention Group maintained that the two comments were offensive and harmful to women. It said that being referred to as sex objects and "mere bodies" degraded women. The broadcaster responded that The Rock was targeted at a male audience aged between 18-39 years and that its style appealed to large numbers of that group....

Decisions
Schwabe and Television New Zealand Ltd - 2001-133
2001-133

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in standard G2; Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits – bordering on gratuitous; comment – children in studio audience – unsatisfactory as programme classified AO This headnote does not form part of the decision. Summary [1] An episode of Strassman broadcast on TV2 at 9. 30pm on 26 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. [3] In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint....

Decisions
Riley and Television New Zealand Ltd - 2010-096
2010-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

Decisions
Cook and The Radio Network Ltd - 2006-017
2006-017

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport Breakfast Show – host Tony Veitch talking with British correspondent Mike Bovill – good natured exchange – host called correspondent a “wanker” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – tone and other contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] The host of the Radio Sport Breakfast Show (Tony Veitch) called the British correspondent (Mike Bovill) a “wanker” during an exchange about a New Zealand soccer player playing for Blackburn Rovers. The discussion was broadcast at about 6. 45am on Monday 23 January 2006. Complaint [2] David Cook complained to The Radio Network Ltd, the broadcaster, that the use of the word “wanker” was offensive....

Decisions
Taylor and Television New Zealand Ltd - 2006-067
2006-067

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Medical drama series Bodies – scene involving woman giving birth and then having difficulty delivering placenta – woman’s genitals explicitly shown – allegedly breach of good taste and decencyFindings Standard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] Bodies is a medical drama series set in the obstetric and gynaecological ward of a fictional English hospital. The episode screened on TV One on 9 May 2006 at 9. 30pm commenced with the story of a woman giving birth. Following the birth scenes, the woman was shown lying on her back with her legs elevated in stirrups, awaiting the delivery of the placenta. When the placenta was eventually delivered, the woman suffered a uterine inversion, whereby the uterus is literally turned inside-out and appears outside the vagina....

Decisions
Forbes-Dawson, Popping and Wimalasena and CanWest TVWorks Ltd - 2006-109
2006-109

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item dealt with controversy about forthcoming Erotica Parade to be held in Auckland – included footage of bare-breasted women – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6. 00pm on 15 August 2006 dealt with controversy which had arisen after the Auckland City Council issued a permit for a parade down as part of the forthcoming Erotica Lifestyles Expo....

Decisions
Wolf and Television New Zealand Ltd - 2005-009
2005-009

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Decisions
Panasiuk and Television New Zealand Ltd - 2005-060
2005-060

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – presenter removed a cat from a microwave oven and said “probably need a couple more minutes, don’t you? ” – placed the cat back in the microwave – allegedly in breach of good taste and decency and inconsistent with the maintenance of law and orderFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – not inconsistent with the maintenance of law and order – not upheldThis headnote does not form part of the decision. Broadcast [1] At the conclusion of an episode of Eating Media Lunch at around 10. 30pm on TV2 on 19 April 2005, the presenter was seen to remove a cat from a microwave oven. He held the cat up to his face and said “probably need a couple more minutes, don’t you?...

Decisions
Leaper and CanWest TVWorks Ltd - 2005-096
2005-096

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9. 30pm on 22 June 2005. The series was set in a fictional Vatican City (called Popetown), and was centred around a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] During the episode on 22 June 2005, Father Nicholas became a wrestling hero after accidentally knocking out pro-wrestler “Ivan the Invincible”....

Decisions
Anderson and Television New Zealand Ltd - 2005-132
2005-132

Complaint under section 8(1)(a) of the Broadcasting Act 1989Distraction – British comedy quiz show – host referred to one contestant as having “wanked off a dog” – alleged frequent use of the word “fuck” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 9. 30pm on 23 September 2005. During the introductory sequence, the host referred to one contestant as having “wanked off a dog”. Complaint [2] Malcolm Anderson complained to Television New Zealand Ltd, the broadcaster, that the reference to “wanking off a dog” was disgusting, and in breach of good taste and decency....

Decisions
Graham and TV3 Network Services Ltd - 2004-030, 2004-031, 2004-032
2004-030–032

Complaints (1) That Seventies Show – used word “slut” – offensive – unsuitable for children (2) 60 Minutes – used word “hell” – offensive – unsuitable for children (3) 60 Minutes – item about teacher and ex-pupil – referred to sexual feelings and penisFindings (1) Standard 1 – context – not upheld Standard 9 – PGR classification appropriate action by broadcaster – not upheldFindings (2) Standard 1 – context – not upheld Standard 9 – consideration of target audience appropriate action – not upheldFindings(3) Standard 1 – context – not upheld Standard 9 – consideration of target audience appropriate action – not upheldThis headnote does not form part of the decision Summary [1] The three complaints concerned: * The word “slut” used in That Seventies Show broadcast on TV3 at 7. 30pm on 2 October 2003....

Decisions
Malcolm and RadioWorks Ltd - 2003-007, 2003-008
2003-007–008

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

Decisions
Exton and Television New Zealand Ltd - 2003-014
2003-014

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Decisions
Penrice and Television New Zealand Ltd - 2003-035
2003-035

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....