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Decisions
Waterworth and Wickham and RadioWorks Ltd - 2012-033
2012-033

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Decisions
Chaney and Television New Zealand Ltd - 2013-029
2013-029

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....

Decisions
Harang and Television New Zealand Ltd - 1993-007
1993-007

Download a PDF of Decision No. 1993-007:Harang and Television New Zealand Ltd - 1993-007 PDF322. 28 KB...

Decisions
Reekie and Mediaworks TV Ltd - 2019-033 (23 August 2019)
2019-033

During a segment of The AM Show, which discussed how different sections of the community had united in the wake of the Christchurch mosque attacks, host Duncan Garner said he’d like ‘the gangs’ to nominate a person to ‘look after’ the alleged attacker. The Authority did not uphold a complaint that Mr Garner’s comment breached broadcasting standards. The Authority found, upon consideration of contextual factors, including the glib nature of the comment, that while it was discordant with the tone of the broadcast and may have caused offence to some, it did not go beyond audience expectations of Mr Garner or The AM Show. The Authority concluded that any restriction of the broadcaster’s right to freedom of expression on this occasion would be unreasonable.   Not Upheld: Good Taste and Decency, Violence, Law and Order...

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
Anderson and MediaWorks Radio Ltd - 2017-094 (2 March 2018)
2017-094

Summary[This summary does not form part of the decision. ]During a segment broadcast on The Edge, the radio hosts made several references to the names ‘Mark Hunt’ and ‘Mike Hunt’, with the apparent intention to imply the phrase, ‘my c***’. The Authority did not uphold a complaint that this conversation breached the good taste and decency standard. The Authority found that, while the conversation was gratuitous and immature, the hosts did not explicitly use the phrase, and the segment as a whole was not so extreme or offensive that it went beyond audience expectations of The Edge radio station. The Authority also declined to uphold the complaint under the children’s interests standard, finding children were unlikely to understand the conversation, mitigating the broadcast’s potential harm....

Decisions
Maher and Television New Zealand Ltd - 2018-023 (21 May 2018)
2018-023

Summary[This summary does not form part of the decision. ]During a 1 News Coming Up teaser, presenter Simon Dallow referred to an upcoming item on 1 News, saying: ‘Plus a warning for mums to be; research showing C-section babies face long-term health issues. ’ The full item reported on research findings from the University of Edinburgh that babies born through caesarean section were ‘far more likely to suffer from obesity and asthma’, but went on to explain that it was not the caesarean section which caused the health problems, as these could be due to the mother’s health, and further research is needed. The Authority did not uphold a complaint that the teaser was sensationalist and misleading, in breach of the accuracy standard....

Decisions
Harang and Television New Zealand Ltd - 1992-068
1992-068

Download a PDF of Decision No. 1992-068:Harang and Television New Zealand Ltd - 1992-068 PDF353. 15 KB...

Decisions
Lowe and Television New Zealand Ltd - 1996-033
1996-033

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-033 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Johnson and Johnson and King and TV3 Network Services Ltd - 1996-078, 1996-079, 1996-080
1996-078–080

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-078 Decision No: 1996-079 Decision No: 1996-080 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEPHANIE JOHNSON of Christchurch and MURRAY JOHNSON of Christchurch and JULIA KING of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Langford and Gruijters and Television New Zealand Ltd - 1995-088, 1995-089
1995-088–089

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 88/95 Decision No: 89 /95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALVA LANGFORD of Gisborne and ELISABETH GRUIJTERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Gibb and Television New Zealand Ltd - 2019-089 (9 March 2020)
2019-089

The Authority did not uphold a complaint that an episode of 20/20 aired on free-to-air television on a Sunday at 9am, covering the abduction of Steven Stayner and the subsequent murder of several women by Steven’s brother Cary Stayner, breached the children’s interests and good taste and decency standards. The Authority found that, while the broadcast discussed some potentially distressing themes and subject matter, such as rape, murder and kidnapping, viewers had sufficient information to enable them to make informed choices about whether they or children in their care should view the broadcast. The Authority highlighted the importance of audience expectations and target audiences in their determination and ultimately found any restriction on the broadcaster’s right to freedom of expression on this occasion would be unjustified. Not Upheld: Children’s Interests, Good Taste and Decency...

Decisions
Wilton and Discovery NZ Ltd - 2021-001 (25 May 2021)
2021-001

Warning: This decision contains language that some readers may find offensive. The Authority has not upheld a complaint that use of the phrase ‘thank fucking Christ’ in an interview segment during the Aotearoa Music Awards breached the good taste and decency standard. In the context, particularly noting the timing of the broadcast, pre-broadcast warnings and public interest in the relevant segment, the Authority considered the programme unlikely to cause widespread undue offence, or distress, or to undermine widely shared community standards. Not Upheld: Good Taste and Decency...

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
West and Television New Zealand Ltd - 2010-073
2010-073

This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

Decisions
Francis and Contact 89 FM Ltd (Hamilton) - 1997-072
1997-072

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-072 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KEN FRANCIS of Hamilton Broadcaster CONTACT 89 FM LIMITED (Hamilton) J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Gruijters and Television New Zealand Ltd - 1998-154
1998-154

SummaryAn episode of Newsflash broadcast on TV 2 on 15 September 1998 at 8. 00pm contained, among other things, skits with a religious theme. Mrs Gruijters complained to Television New Zealand Ltd that the skits were tasteless and offensive and she objected to what she perceived as an attempt to get laughs at all costs. TVNZ responded informally in the first instance, and when asked to respond formally, advised that it considered the complainant’s objection was really one of personal preference rather than an assertion that statutory standards had been breached. Dealing with the specific matters to which Mrs Gruijters objected, it maintained that there was nothing in the programme which breached the good taste standard, and nothing which represented any group as inherently inferior or encouraged discrimination against them. Dissatisfied with TVNZ’s response, Mrs Gruijters referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Decisions
O'Rourke and Television New Zealand Ltd - 2003-116, 2003-117
2003-116–117

ComplaintReel Life: The Truth about Lesbian Sex – promos – comments made by several women in the first promo – people examining sexual devices in the second promo – broadcast 5. 45pm and 10. 24pm respectively – offensive FindingsStandard 1, Guideline 1a – context – no upholdStandard 7, Guideline 7b – classification of promos correct – majority – no uphold Standard 9, Guideline 9a – broadcaster mindful of child viewers – majority – no uphold This headnote does not form part of the decision. Summary [1] Two promos, broadcast on TV One at 5. 45pm and 10. 24pm respectively, advertised an upcoming documentary, Reel Life: The Truth About Lesbian Sex. The first promo portrayed several women talking about their sexual practices. The second promo showed different sexual devices being examined by various people....

Decisions
Morrish and Valenta and Television New Zealand Ltd - 2005-137
2005-137

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item parodied “naked” news programmes – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – sequence unnecessarily lengthy – gratuitously explicit – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Eating Media Lunch is a series that lampoons aspects of the media both in New Zealand and overseas. The use of semi-naked news presenters in some countries was featured in the item broadcast on TV2 starting at 10. 00pm on Tuesday 15 November 2005. [2] The item presented the “Fuck News” which was said to originate in France. The item showed two partly dressed presenters who seemed to be having sexual intercourse while reading the news....

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