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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-051 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTRY OF EDUCATION Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-081 Decision No: 1998-082 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A R MORETON of Auckland and ROBERT MENZIES of Picton RADIO NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

SummarySome words which were pronounced in the same way but had different meanings were discussed on the children’s programme You and Me, broadcast on TV3 at about 3. 25pm on 30 July 1998. "Chairs" and "cheers" were given as one such pair. Mr Gibson complained to TV3 Network Services Ltd that these words should be pronounced differently, and that the programme’s effort to suggest otherwise breached the standards relating to good taste and balance. In response to the complaint, TV3 did not accept that the good taste standard was in question. As for balance, it said that viewers were advised that the words sounded the same, not that they were pronounced the same, and it declined to uphold that aspect of the complaint. Dissatisfied with TV3’s decision, Mr Gibson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

ComplaintDocumentary New Zealand: "The Real New Zealand" – gay homestay – promotion of homosexuality – omission of information and warning about sexually transmitted diseases – unbalancedFindings(1) Standard G2 – action taken sufficient – no uphold (2) Standard G6 – no uphold (3) Standard G20 – no uphold This headnote does not form part of the decision. Summary An episode of Documentary New Zealand: "The Real New Zealand" about New Zealand homestays included a segment about a homestay designed for gay visitors. The programme was broadcast on TV One at 8. 30pm on 21 August 2000. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, about the footage, which he considered promoted homosexuality and contained scenes of nudity among homosexuals which would have been offensive to a majority of viewers....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Four promos broadcast prior to 8. 30pm – three for programme Bad Girls – one for quiz show How Normal Are You? – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – Bad Girls – material suitable to be rated PGR – not upheld – How Normal Are You? – material suitable to be rated G – not upheld by majority Standard 9 (children’s interests) – Bad Girls – material appropriate to be rated PGR – not upheld – How Normal Are You?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – showed couple in bed – camera with recording light on was positioned at the end of the bed – footage briefly shown of the couple kissing – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – programme’s themes more suited to PGR but visual depiction of them inexplicit and acceptable in G programme – majority – not upheld Standard 1 (good taste and decency) and Standard 9 (children’s interests) – subsumed into consideration of Standard 8 This headnote does not form part of the decision. Broadcast [1] An episode of Home and Away, an Australian soap opera with a G rating, was broadcast on TV3 at 5. 30pm on Friday 31 July 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Line of Beauty – episode of programme about a young gay Oxford graduate included homosexual sex scenes – allegedly breached standards 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] An episode of the drama Line of Beauty was broadcast at 11. 50pm on TV One on Sunday 28 October 2007. Line of Beauty followed a young, gay, middle class Oxford graduate Nick who was invited to live with a wealthy and politically powerful family in the 1980s. [2] This episode contained several sex scenes. In one scene, Nick watched as his boyfriend and another man appeared to engage in oral sex....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Unauthorised History of New Zealand – cartoon involving “King Dick” who ejaculated onto the face of a Chinese character – allegedly in breach of good taste and decency. Findings Standard 1 (good taste and decency) – cartoon satirised anti-Asian views of former Prime Minister – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history. In an episode broadcast on TV One at 10. 30pm on 20 July 2008, the programme reviewed past Prime Ministers of New Zealand, including Robert Muldoon and Michael Savage, also mentioning Helen Clark (the then Prime Minister) and John Key (the National Party leader)....

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Thing Called Love – promo – AO rated programme – promo screened at 7. 10pm – PGR time band – host programme rated G – allegedly offensive, contrary to children’s interests and incorrectly classifiedFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – PGR-rated promo broadcast during G-rated host programme in breach regardless of time band – upheld Standard 9 (children’s interests) – majority – PGR rating acknowledged children’s interests – minority – promo should have been rated AO – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified programme, A Thing Called Love, was screened on Prime Television around 7. 10pm on 19 August 2005, during the PGR time band....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Believe Nothing – comedy – reference to cannibalism and consuming body and blood of Jesus Christ – allegedly offensive – allegedly discriminated against CatholicismFindings Standard 1 (good taste and decency) and Guideline 1a – context – standard not threatened – not upheld Standard 6 (fairness) and Guideline 6g (discrimination) – context and satirical series – no discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Believe Nothing is a satirical series lampooning aspects of British and Western culture, constructed around the character of Adonis Cnut played by comedian Rick Mayall. The episode broadcast on TV One at 10. 40pm on 11 January 2004 used Hannibal Lechter imagery and involved references to cannibalism and church practices. Complaint [2] Bert Klaassen complained formally to Television New Zealand Ltd, the broadcaster, about aspects of the programme....

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....

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

Summary [This summary does not form part of the decision. ]During Vicious, a British sitcom about two older men in a long-term relationship, one of the main characters exclaimed ‘Jesus Christ! ’ in response to seeing a couple kissing. The Authority did not uphold the complaint that the remark was blasphemous and offensive to Christians. The use of variants of ‘Jesus’ as an exclamation does not amount to coarse language in modern secular society. Here it was intended to be humorous rather than abusive or offensive, and it was acceptable in context. Not Upheld: Good Taste and DecencyIntroduction[1] During Vicious, a British sitcom about two older men in a long-term relationship, one of the main characters exclaimed ‘Jesus Christ! ’ in response to seeing a couple kissing. The episode was rated AO and was broadcast on TV ONE at 10. 05pm on 26 September 2013....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – contained sexual content and innuendo – allegedly in breach of standards relating to good taste and decency, responsible programming and children’s interestsFindingsStandard 1 (good taste and decency) – sexual content was subtle and inexplicit – nature of sexual innuendo would have gone over the heads of younger viewers – not upheldStandard 9 (children’s interests) – content was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheldStandard 8 (responsible programming) – the episode was correctly rated PGR and screened in appropriate time-band – not upheldThis headnote does not form part of the decision. Introduction[1] An episode of the cartoon comedy Family Guy was broadcast on FOUR at 7. 30pm on Thursday 20 October 2011....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skoda Game On – Extra Time – contained interview with a New Zealand weightlifter – interviewer left chalk handprints on the backside of the weightlifter’s tracksuit pants – weightlifter bench-pressed interviewer after which she commented on how "rock hard" his body was – 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 episode of Skoda Game On – Extra Time, broadcast on TV One at 1pm on Sunday 15 August 2010, included an interview with a Russian-born New Zealand weightlifter who was part of the New Zealand Commonwealth Games team....

ComplaintStepping Out – Documentary New Zealand – documentary about young urban Maori on hikoi in Far North – use of "fuck" and its derivatives – offensive language FindingsStandard G2 – AO – warning – language used minimally – appropriate in context – no uphold This headnote does not form part of the decision. Summary Documentary New Zealand: Stepping Out was broadcast on TV One at 8. 30pm on 9 October 2000. It followed six young urban Maori as they traced on foot a route taken by their ancestor Tohe down the west coast of the Far North. During the documentary, the words "fuck" and its derivatives were used on several occasions. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, about the use of such "grossly offensive language"....