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Department of Conservation (Wanganui Conservancy) and Carlin and Radio Pacific Ltd - 1998-035, 1998-036
1998-035–036

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Steel and The Radio Network Ltd - 2006-008
2006-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – talkback programme – caller criticised the Kiwi rugby league team – host responded “get your head out of your arse”Findings Principle 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] On Saturday 7 January 2006, at approximately 11. 35am, the host of a sports talkback programme responded to a caller’s criticism of the Kiwi rugby league team by commenting “get your head out of your arse”. Complaint [2] Mr Steel complained about the use of the phrase “get your head out of your arse”. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice, which provides: Principle 1 In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the observance of good taste and decency....

Decisions
Hind and TVWorks Ltd - 2010-040
2010-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nestle New Zealand’s Hottest Home Baker – baking competition – contestant exclaimed, “Oh my ring went into the cream! ” – host replied, “Usually it’s the other way round” – allegedly in breach of good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – comment was fleeting and unclear – programme broadcast in AO time – not upheld Standard 8 (responsible programming) – rest of the material was acceptable in a G programme – comment would have gone over the heads of child viewers – correctly rated G – screened outside of children’s viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Nestle New Zealand’s Hottest Home Baker was broadcast on TV3 at 8. 30pm on Thursday 25 February 2010....

Decisions
Gilmour and TV3 Network Services Ltd - 2001-035
2001-035

ComplaintMusic video – HLAH – "Good Advice" from "Blood on The Honky Tonk Floor" – zombie genre – excessive violence FindingsG2, G9, G11(i), G24, V1, V2, V3, V6, V8, V10, V11 – complaint subsumed under G2 and V1 Standard G2 – music video – context – challenging style – satirical – no uphold Standard V1 – gruesome but verging on the farcical – no uphold This headnote does not form part of the decision. Summary The HLAH music video of "Good Advice" from the album "Blood on the Honky Tonky Floor" was screened on TV4 at 11. 00pm on 30 November 2000. Mark Gilmour complained to TV3 Network Services Ltd, the broadcaster, that the video displayed graphic violence which, he said, was "disgusting". TV3 said that "Good Advice" was a satirical view of the zombie movie genre set in a contemporary club....

Decisions
Drenth and The RadioWorks Auckland - 1998-129
1998-129

SummaryIn a prank telephone call broadcast on Solid Gold FM on 12 June 1998 at about 8. 25am, a woman was called by a man claiming to be her fiance’s boss and was told that he was going to be fired because he was sleeping with the boss’s secretary. The woman reacted with tearful remonstrations, but then admitted that she was having an affair with her fiance’s brother. Anrik Drenth of Wellington complained to the station that the call was distressing and offensive because it was malicious, and listeners were not informed at the conclusion that it was a prank. He noted that the woman had been clearly distressed by the news. In a brief response, the station advised that the call was a hoax and had been set up. It apologised if it caused offence....

Decisions
Taylor and Television New Zealand Ltd - 2008-002
2008-002

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – host introduced the episode by saying “Good evening, kia ora, fuck your mother” – 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] Eating Media Lunch was a series broadcast on TV2 that lampooned aspects of the media both in New Zealand and overseas. The host introduced the episode broadcast at 10pm on Friday 2 November 2007 with the following words: Good evening, kia ora, fuck your mother. [2] The episode was preceded by a verbal and visual warning which said: This programme is rated Adults Only. It contains language and sexual material that may offend some people. Complaint [3] Martin Taylor made a formal complaint about the introduction to Television New Zealand Ltd, the broadcaster....

Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

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
Freeman and Television New Zealand Ltd - 2011-001
2011-001

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Decisions
Turner and Television New Zealand Ltd - 1990-011
1990-011

Download a PDF of Decision No. 1990-011:Turner and Television New Zealand Ltd - 1990-011 PDF516. 75 KB...

Decisions
AB and CD and Access Community Radio Inc - 2013-005
2013-005

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Decisions
Edwards and Television New Zealand Ltd - 2014-109
2014-109

Summary [This summary does not form part of the decision]A ONE News item showed security footage of a violent attack on a liquor store worker by four men to assist police in identifying and apprehending the attackers. Two explicit warnings were given prior to the footage. The Authority did not uphold the complaint that the violence shown was gratuitous. It was an important news story aimed at identifying and catching the attackers and was accompanied by clear warnings from the broadcaster. Not Upheld: Good Taste and Decency, Violence, Responsible ProgrammingIntroduction[1] A ONE News item showed a violent attack on a liquor store worker by four men. The security footage showed the store worker being punched, kicked and dragged across the store, having a bottle of spirits smashed over his head and being kicked in the head as he lay on the ground....

Decisions
Rothville and TV3 Network Services Ltd - 1992-066
1992-066

Download a PDF of Decision No. 1992-066:...

Decisions
Chin and TVWorks Ltd - 2011-066
2011-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on world’s first 3D erotic film, Sex and Zen – included clips from the movie – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – legitimate news story – contextual factors – not upheld Standard 9 (children’s interests) – film clips were effectively censored – unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item during 3 News, broadcast on TV3 at 6pm on 5 May 2011, reported on the opening of the world’s first 3D erotic film, Sex and Zen. The item was introduced as follows: Thanks to Avatar, when people think of 3D films they probably conjure up the colour blue....

Decisions
Bennett and RadioWorks Ltd - 2011-119
2011-119

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – host discussed “tweet” on social networking website Twitter by rapper Lil Wayne – host said, “His tweet was quite interesting. He said, ‘I busted my fuggin’ head at skate park’” – allegedly in breach of good taste and decency and children’s interests standardsFindingsStandard 1 (good taste and decency) – host clearly said “fuggin’” – “fuggin’” not offensive in its own right – contextual factors – not upheldThis headnote does not form part of the decision. Introduction[1] At approximately 5. 30pm on More FM on 23 August 2011, the radio host was discussing interesting “tweets” by celebrities on the social networking website Twitter. He said: Lil Wayne, he fell off his skateboard, smashed him in the face, he got nine stitches. His tweet was quite interesting....

Decisions
Boys and Radio New Zealand Ltd - 1993-070
1993-070

Download a PDF of Decision No. 1993-070:Boys and Radio New Zealand Ltd - 1993-070 PDF256. 02 KB...

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
McLoon and MediaWorks TV Ltd - 2015-071 (28 January 2016)
2015-071

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Decisions
Cape and MediaWorks TV Ltd - 2018-018 (21 May 2018)
2018-018

Summary[This summary does not form part of the decision. ]The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed....

Decisions
Haverland and MediaWorks TV Ltd - 2018-070 (14 November 2018)
2018-070

SummaryThe Authority has not upheld a complaint about a promo for Body Fixers, which included a brief shot of a woman exposing her hairy lower stomach area to a team of beauty therapists. The complainant initially complained to the broadcaster that the promo showed a man exposing his pubic hair. The Authority viewed the promo broadcast at the date and time identified by the complainant, and was satisfied that the promo showed a woman lifting her shirt to expose her lower stomach area, rather than a man pulling down his pants to show his pubic hair. The Authority nevertheless went on to consider the promo against the good taste and decency standard, finding that, in the context of a programme about beauty therapy, the fleeting shot of lower stomach body hair was unlikely to cause undue or widespread offence and distress....

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