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Decisions
Cohen and Mediaworks Radio Ltd - 2020-083 (9 December 2020)
2020-083

In an episode of The Sean Plunket Working Group, one of the presenters commented ‘fuck this is good radio’ before the commercial break. A complaint that this breached the good taste and decency standard was upheld by the broadcaster in the first instance. The Authority1 did not uphold a complaint that the action taken by the broadcaster was insufficient to remedy the breach, considering the word was not intended to be aired, and the broadcaster upheld the complaint in the first instance, apologising for the mistake. The Authority did not uphold a complaint that the references to camps in the broadcast breached the standard as they were made in connection with quarantine management, and did not carry the ‘prison camp’ connotations suggested by the complainant. Not upheld: Good taste and decency (including action taken)...

Decisions
Fourie and Television New Zealand Ltd - 2012-002
2012-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Embarrassing Bodies – episode focusing on vaginas broadcast at 8. 30pm – close-up shots of women’s vaginas and surgical operations – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – programme had educational value – clear pre-broadcast warning for nudity and medical scenes – nudity was non-sexual and matter-of-fact – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and preceded by adequate warning – not upheld Standard 9 (children’s interests) – clear warning and signposting of likely content gave parents an opportunity to exercise discretion – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Bergman and TVWorks Ltd - 2013-013
2013-013

Complaint under section 8(1C) of the Broadcasting Act 1989Promo for The Graham Norton Show – promo for Christmas special showed a photograph of a couple dressed as Mary and Joseph holding a dog in swaddling clothes – allegedly in breach of broadcasting standardsFindingsStandard 1 (good taste and decency) – content was a light-hearted attempt at humour – would not have offended most viewers in context – innocent lampooning of religious figures comes within the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – content was a light-hearted attempt at humour as opposed to a criticism of Christians – content did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheldThis headnote does not form part of the decision....

Decisions
Murdoch and TVWorks Ltd - 2011-059
2011-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained racial comments, coarse language and sexual connotations – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – content amounted to legitimate humour/satire referencing current affairs issues – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and screened at 9. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 7 Days, a comedy programme in which two teams of comedians reviewed the week’s news stories, was broadcast at 9. 30pm on TV3 on Friday 1 April 2011....

Decisions
Bannatyne and The RadioWorks Ltd - 2002-055
2002-055

ComplaintThe Edge – listeners asked to call station mid afternoon – hot topic – frequency of sex – reference to self pleasure and pain of some sexual experiences – offensive and inappropriate for children – recommended uphold by broadcaster as inappropriate for children – Principle 7 and guideline 7a – announcer spoken toFindingsPrinciple 1 – adult topic during children’s normal viewing times – context and Bill of Rights – no upholdPrinciple 7 guideline 7a – agree with broadcaster’s recommendation – uphold – no orderThis headnote does not form part of the decision. Summary[1] The frequency of sex was the "hot topic" for the listener phone-in programme broadcast by The Edge from 4. 05pm on 29 November 2001. One caller asked if the topic included self-pleasure, and another said frequent or long sexual encounters could be painful....

Decisions
Dickson and New Zealand Media and Entertainment - 2016-047 (22 August 2016)
2016-047

Summary[This summary does not form part of the decision. ]A regular comedy skit on Radio Sport show The Sauce involved a host impersonating All Blacks coach Steve Hansen and giving ‘top tips’ on various topics. In the segment complained about, the host, mimicking Mr Hansen, addressed the topic of ‘sackings’, stating: ‘. . . Simply whip your scrot [scrotum] out and just rest it casually on their thigh, buttocks or forehead. ’ The Authority did not uphold a complaint that the segment made light of, and condoned, sexual assault. The Authority found that, in the context of the skit, which was a regular comedy skit broadcast weekly on The Sauce, the segment did not make light of, or encourage listeners to laugh about, sexual assault....

Decisions
Ragoonanan and Base FM - 2013-055
2013-055

Summary [This summary does not form part of the decision. ]A song titled ‘I’m Not Real’ was broadcast on Base Breakfast at about 9. 25am, and contained the lyrics ‘bitches’, ‘ass’, ‘hoes’ and variants of ‘fuck’. The Authority upheld the complaint that the broadcast of these expletives in this timeslot breached standards of good taste and decency. The Authority did not make any order, noting that the broadcaster had acknowledged the broadcast was unacceptable, and that the decision would provide sufficient guidance going forward. Upheld: Good Taste and DecencyNo OrderIntroduction[1] A song titled ‘I’m Not Real’ by Mac Miller featuring Earl Sweatshirt & Vinny Radio was broadcast on Base Breakfast at about 9. 25am on Tuesday 25 June 2013. The song contained the lyrics ‘bitches’, ‘ass’, ‘hoes’ and variants of ‘fuck’....

Decisions
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

Decisions
O'Leary and New Zealand Media Entertainment Ltd - 2020-009 (16 June 2020)
2020-009

A complaint regarding a comment made by radio host Chris Lynch in relation to a news report that Whakaari was going to receive a blessing in the wake of the fatal volcanic eruption has not been upheld. The Authority found that considering the relevant contextual factors, Mr Lynch’s comment ‘because that’s going to change everything isn’t it? ’ was unlikely to cause widespread undue offence or distress. The Authority also noted that, while the comment had the potential to offend some listeners, comments will not breach the discrimination and denigration standard simply because they are critical of a particular group, because they offend people, or because they are rude. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Singh and Radio Tarana - 2014-053
2014-053

Mary Anne Shanahan declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]An item on Radio Tarana News reported on District Court proceedings involving the complainant, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased. The Authority did not uphold his complaint that the item was unfair, inaccurate and unbalanced. The item was a straightforward, brief news report, and the complainant’s position was fairly included in the item. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] An item on Radio Tarana News reported on District Court proceedings involving the complainant, Rajesh Singh, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased....

Decisions
Burton and TV3 Network Services Ltd - 1997-021
1997-021

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-021 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PEGGY BURTON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Kiri Potaka-Dewes, on behalf of Ngati Rangiteaorere, and The RadioWorks Ltd - 2000-177
2000-177

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....

Decisions
Everitt and Television New Zealand Ltd - 1999-149, 1999-150
1999-149–150

Summary The situation faced by the original owners of some pensioner flats in Kaiapoi was addressed in an item on Fair Go broadcast at 7. 30pm on TV One on 12 May 1999. The item reported that when the owners featured on the programme had purchased their flat in the mid-seventies from the local authority, they had agreed to sell it back to the Council for the same price when they left. The item disclosed that the original prices were between $13,000 and $17,000, and the properties were now worth between $65,000 and $75,000. The ethics of the Waimakariri District Council in enforcing the agreement were questioned, and it was suggested to viewers that they write to the Council expressing their opposition to the policy....

Decisions
McLeod and Television New Zealand Ltd - 2008-072
2008-072

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenter’s comment about people who have Obsessive Compulsive Disorder – 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] During an episode of Breakfast, broadcast on TV One on the morning of 9 June 2008, the two presenters, Pippa Wetzell and Paul Henry, had an impromptu discussion about Obsessive Compulsive Disorder (OCD) at approximately 8am. Mr Henry shared a story with Ms Wetzell and viewers about an ex-colleague of his who suffered from OCD, which took the form of a need to “count the pillars” while on his journey to work in the morning. Mr Henry then commented: He was a crazy freak, like all Obsessive Compulsive people are....

Decisions
J and 92.2XS - 1998-023, 1998-024
1998-023–024

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-023 Decision No: 1998-024 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J of Palmerston North Broadcaster 92. 2XS (Palmerston North) S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Petros and The Radio Network Ltd - 2009-040
2009-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Danny Watson – discussion about the Catholic Church’s excommunication of the mother and doctor of a nine-year-old girl in Brazil who had been raped, become pregnant, and had an abortion – the view of one of the people who rang in support of the Church’s actions was later criticised by other callers – a number of callers rang in criticising the Church’s actions – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 6 (fairness) – complainant and Catholic Church treated fairly – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 Standard 7 (discrimination and denigration) – criticisms of the Catholic Church lacked necessary invective for a breach of the standard – robust nature of talkback – not upheld This headnote does not form part of the…...

Decisions
Yee and The Radio Network Ltd - 1998-002
1998-002

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-002 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WING-YAU YEE of Auckland Broadcaster RADIO i98FM LIMITED S Maling Chairperson L Loates R McLeod...

Decisions
Credo Society Inc and 95bFM - 1996-085
1996-085

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-085 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster 95 bFM (AUCKLAND) J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
McIntyre and Manawatu Access Radio Charitable Trust - 2002-042
2002-042

ComplaintSong "Goodnight Irene" – lyrics offensive FindingsPrinciple 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] The song "Goodnight Irene" was one of collection of tracks played by Manawatu Sounz AM 999 between 7. 45–8. 15am on 27 January 2002. The song was written by a black American blues singer, known as Leadbelly, early in the 20th century. [2] Mrs McIntyre complained to Manawatu Access Radio Charitable Trust, the broadcaster, that the lyrics in the third verse, in particular the phrase "I’ll take morphine and die", were offensive. [3] In response, Manawatu Access Radio explained that the lyrics were in the original song and were not an unusual example of lyrics written at that time in that they reflected the precarious existence of poor people. It declined to uphold the complaint....

Decisions
Rae and Television New Zealand Ltd - 1999-174
1999-174

Summary The short film Stella Street was broadcast on TV2 at 10. 25pm on 26 July 1999. Stella Street is a short comedy programme featuring two impersonators who lampoon the performance style of the well-known characters that they portray. Mr Rae complained to Television New Zealand Ltd, the broadcaster, that the programme contained highly offensive language and behaviour. TVNZ did not consider that it had breached any broadcasting standard. It noted the language was used in the context of a short film broadcast at 10. 25pm, carrying an AO certificate, and preceded by a warning. It did not consider the language would have exceeded the expectations of most viewers watching at that time of night. It also observed that the language was used for comedic effect. Dissatisfied with TVNZ’s decision, Mr Rae referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

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