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Thomas and TV3 Network Services Ltd - 1996-127
1996-127

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-127 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN THOMAS of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Gowardman and TV4 Network Ltd - 1999-082
1999-082

Summary A segment in the programme Eurotrash focussed on a "pornography king" and some of his activities. Another segment focussed on a large man whose naked body was treated as a work of art and displayed in some European art galleries. The programme was broadcast on TV4 on 18 February 1999, commencing at 8. 30pm. Ms Gowardman complained to TV4 Network Ltd, the broadcaster, that in viewing the segment she was confronted with full frontal and oral sex. The two items depicted shocking and indecent behaviour, and presented young people with incorrect perspectives on adult sexual relationships, she wrote. TV4 responded that the programme was rated AO, and was preceded by a verbal and written warning. The broadcaster denied that the item contained full frontal and oral sex....

Decisions
Harang and Curtis and Television New Zealand Ltd - 1999-232, 1999-233
1999-232–233

SummaryAn episode of Hollywood Sex was broadcast on TV2 at 9. 30pm on 26 August 1999. This two-part programme looks at some of the more unusual activities which take place in Hollywood’s sex industry. Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the programme contravened standards of decency, and that young people could watch and be influenced by "the very bad aspects of the programme". Mr and Ms Curtis complained that the programme was "the most disgustingly blatant sexual perversion [they had] ever had the misfortune to see", and that the programme was unsuitable for screening at that hour because of the likelihood of children watching. In its responses to the complaints, TVNZ said that it did not consider that it had breached any broadcasting standard. It noted that the programme was broadcast at 9. 30pm, carried an AO certificate, and was preceded by a warning....

Decisions
Brock and Television New Zealand Ltd - 2008-004
2008-004

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – “channel-surfing” segment – brief shot of “viewer’s” hands masturbating a penis-shaped dildo in front of the television – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – penis was obviously not real – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10pm on TV2 on 16 November 2007, contained a segment in which a “viewer” channel-surfed through a number of television programmes, some fabricated. The segment was constructed from the viewer’s point of view, so that the audience could see only the viewer’s hands. On three occasions, the viewer changed the channel to TV3, which was screening the breakfast show Sunrise. Each time, the viewer’s hands were shown doing something in the foreground....

Decisions
Quinlan and Television New Zealand Ltd - 2008-095
2008-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – New York correspondent reported on Christie Brinkley’s divorce – said that her husband “masturbated to web cams” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – children unlikely to be watching Breakfast and not likely to be disturbed or alarmed – not upheld This headnote does not form part of the decision. Broadcast [1] Breakfast was broadcast on TV One between 6. 30am and 9am on 11 July 2008. Each week, the programme’s New York correspondent reported on the latest celebrity news from the United States....

Decisions
de Hamel and Radio New Zealand Ltd - 2007-135
2007-135

Complaint under section 8(1)(a) of the Broadcasting Act 1989Peewee’s Sister – children’s short story about a boy who was being bullied for his school lunch – story contained two parts involving scuffles between characters – allegedly in breach of good taste and decency, law and order and social responsibility Findings Principle 7 (social responsibility) – theme of a bully being beaten by his own tactics of physical force not inappropriate for a children’s story – broadcaster sufficiently considered the story’s effect on child listeners – not upheld Principle 1 (good taste and decency) – subsumed into consideration of Principle 7 Principle 2 (law and order) – subsumed into consideration of Principle 7 This headnote does not form part of the decision....

Decisions
Watts and Television New Zealand Ltd - 2005-041
2005-041

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – street march through Auckland – topless protester shown – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – context – no warning required – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 March 2005 showed a street march through Auckland that day in support of “family values”. A topless woman was among those shown protesting against the views expressed by the marchers. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had breached standards of good taste and decency and children’s interests....

Decisions
Francis and Television New Zealand Ltd - 2004-068
2004-068

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – language – “fuck you” – allegedly offensive – warning requiredFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – warning not necessary – not upheld This headnote does not form part of the decision. Broadcast [1] Spooks is a BBC drama series built around the activities of a fictional counter-terrorism unit attached to MI5. MI5 is the government agency responsible for internal security. In an episode beginning at 9. 30pm broadcast on TV One on 24 February 2004, one character said to another “fuck you”. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that such language was offensive and the programme should have been preceded with a warning. Standards [3] TVNZ assessed the complaint under Standard 1 and Guidelines 1a and 1b of the Free-to-Air Television Code of Broadcasting Practice....

Decisions
Mackenzie and Smith and Television New Zealand Ltd - 2004-167
2004-167

Complaints under section 8(1)(a) of the Broadcasting Act 1989Tomorrow La Scala! – Lexus Sunday Theatre – operetta company in maximum security prison using prisoners to rehearse and perform the musical “Sweeney Todd” – included scenes of male rape and consensual heterosexual intercourse, and use of word “fuck” – alleged excessive violence, alleged offensive behaviour and language, and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – not screened in children’s normal viewing time – not upheld Standard 10 (violence) and Guideline 10d – violence was graphic but acceptable given theme of play and care shown with detailed warning – not upheld Comment Authority to consult further on arguments for more explicit warnings This headnote does not form part of the decision. Broadcast [1] Tomorrow La Scala! was broadcast on TV One’s “Lexus Sunday Theatre” beginning at 8....

Decisions
Bray and Television New Zealand Ltd - 2002-197
2002-197

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

Decisions
Watson and Television New Zealand Ltd - 2001-023
2001-023

This decision was successfully appealed in the High Court and sent back to the BSA to rehear: AP 99/01 PDF369. 72 KBComplaintLoud overreaching advertisements in religious programmes broadcast on Christmas Eve – breach of good tasteFindingsG2 – presence and type of advertising not an issue of broadcasting standards – decline to determineThis headnote does not form part of the decision. SummaryThe programmes screened on TV One between 10:15pm and midnight on Christmas Eve included carols, Christmas music and Bible readings. John Watson complained to Television New Zealand Ltd, the broadcaster, that it was offensive for the commercial breaks during these programmes to feature Boxing Day bargains and an exhortation to end prostitution. Questioning whether the complaint raised a matter of broadcasting standards, TVNZ said that it was, by law, a commercial organisation....

Decisions
Reardon and TV3 Network Services Ltd - 2001-120
2001-120

ComplaintThe Panel – promo – panellist mocked Princess Margaret – breach of good taste FindingsStandard G2 – not a breach of good taste – no upholdThis headnote does not form part of the decision. Summary A promo for the programme The Panel, broadcast on TV3 on 31 May 2001, included a segment where panellist Pam Corkery pointed to a photograph of Princess Margaret from The New Zealand Herald and said, "Princess Margaret wore dark glasses and appeared to be able to see", before bursting into laughter. Mrs Sonia Reardon complained to TV3 Network Services Ltd, the broadcaster, that it was a breach of good taste and decency for the panellist to make a mockery of Princess Margaret....

Decisions
Department of Conservation and Radio Pacific Ltd - 2000-002
2000-002

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Decisions
Collier and Television New Zealand Ltd - 2010-123
2010-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast- host read out viewer feedback that contained joke referring to "Jesus Christ" – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and children's interests FindingsStandard 1 (good taste and decency) – "Jesus Christ" used to covey exclamation of light-hearted surprise – contextual factors – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 7 (discrimination and denigration) – not intended to encourage denigration of Christian people – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One at 6. 30am on Tuesday 23 March 2010. During the viewer feedback segment at 8....

Decisions
Armitage and The Radio Network Ltd - 2011-093
2011-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host referred to comments by chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – host said, “In other words, when a woman is on her rags, she calls in crook to work” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – while comment would have offended some listeners, the phrase was colloquial and referring to menstruation which is not in itself derogatory – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 9. 30pm during a talkback programme on Newstalk ZB, broadcast on the evening of 24 June 2011, the host referred to recent comments made by the chief executive of the Employers and Manufacturers Association (EMA)....

Decisions
Wong and World TV Ltd - 2012-031
2012-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Ip Man – movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times – contained violence – allegedly in breach of good taste and decency, controversial issues, discrimination and denigration, responsible programming, children’s interests and violence standards Findings Standard 8 (responsible programming) – broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times – upheld  Standard 9 (children’s interests) – broadcaster did not adequately consider children’s interests by incorrectly classifying the movie and screening it outside of AO time – upheld Standard 10 (violence) – while there was some violent behaviour it was not excessive and was consistent with expectations of a martial arts film – however inappropriate classification and timeslots meant broadcaster did not exercise…...

Decisions
McNair and Television New Zealand Ltd - 1993-042
1993-042

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

Decisions
Smith and NZME Radio Ltd - 2017-042 (4 September 2017)
2017-042

Paula Rose declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] A panel segment during Larry Williams Drive discussed a recent High Court action brought by Phillip Smith against the Department of Corrections (Corrections), in which Mr Smith argued that his freedom of expression had been breached by Corrections staff preventing him from wearing his toupee. At the conclusion of the panel discussion, Mr Williams stated: ‘I say Janet, solitary confinement 24/7, dark room, with his toupee, with a little bit of waterboarding just to make it interesting’. The other panellists laughed, with one commenting, ‘You’re a hard man, Larry’....

Decisions
Sandbrook and Mediaworks Radio Ltd - 2017-096 (16 February 2018)
2017-096

Warning: This decision contains language that some readers may find offensive. Summary[This summary does not form part of the decision. ]The song ‘Fire Water Burn’ by the Bloodhound Gang was broadcast on The Rock FM at 5. 45pm on 25 October 2017. The song contained the word ‘motherfucker’, which was partially censored, and also contained lyrics such as, ‘but if I crashed into Uranus I would stick it where the sun don't shine’. The Authority did not uphold a complaint that the song, in its edited format, breached the good taste and decency standard. The Authority acknowledged that the censoring could have been more effective in disguising the word used, and that some of the lyrics may offend listeners....

Decisions
NT and Television New Zealand - 2019-028 (19 August 2019)
2019-028

Warning: This decision contains content that some readers may find distressing. Following the 15 March 2019 attacks on two mosques in Christchurch, 1 News at 6pm twice broadcast an edited clip taken from the alleged attacker’s 17‑minute livestream video. The Authority did not uphold a complaint that the broadcast was in breach of the good taste and decency and violence standards. The content of the clip, and the broadcast as a whole, was newsworthy and had a high level of public interest. The very brief clip was an edited segment of the livestream video which provided information to audiences, but which did not contain explicit graphic or violent content and did not promote or glorify the actions of the attacker. Specific warnings and extensive signposting ensured audiences were sufficiently informed about the disturbing nature of the content....

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