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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 132/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Summary An episode of Dharma and Greg was broadcast on TV2 on 14 October 1998 between 7. 30-8. 00pm. A male character described two women as "deaf Cockney humpbacks". Mr Kirkland complained to Television New Zealand Ltd that the portrayal of deaf people in the programme was discriminatory and paternalistic, and perpetuated a stereotypical view about deaf people being stupid. He sought an apology from the broadcaster. TVNZ pointed out that this was a comedy programme in which the two characters regularly assumed character roles. In this case one decided to be a humpback who was hard of hearing while the other adopted a Cockney accent. A male character said to them "Hello deaf Cockney humpbacks". TVNZ said it found nothing in this exchange which suggested that deaf people were intellectually limited, nor anything that would encourage discrimination against deaf people....

Summary In reporting the New Zealand cricket team’s visit to Buckingham Palace a 3 News sports item broadcast on 3 June 1999 beginning at 6. 00pm announced "The Blackcaps bowl up at Liz and Phil’s wicket…". Mr Bernards complained to TV3 Network Services Ltd, the broadcaster, that this reference was disrespectful to the Queen and the Duke of Edinburgh and overstepped the limits of acceptability. He sought a sharply worded warning to TV3’s management not to repeat such language. TV3 responded that the phrase was intended to be a brief, light-hearted pointer to the report coming up. It noted that the humorous reference was more than adequately balanced by the tone of the full news item. While it regretted that the complainant had found the reference distasteful, it did not consider it had breached broadcasting standards and it declined to uphold the complaint....

ComplaintPromo – 60 Minutes – "pissed off" – offensive language – incorrect classification – broadcaster not mindful of the effects of broadcast on children – broadcaster not mindful of explicit material in promo FindingsStandard G2 – context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for 60 Minutes was broadcast on TV One at 6. 50pm on 10 November 2001. The promo was for an item on Dean Barker, New Zealand’s America’s Cup skipper. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about Mr Barker’s use in the promo of the phrase "pissed off". [3] TVNZ declined to uphold the complaint....

ComplaintRadio Pacific – Morning Grill – offensive remarks about the Queen FindingsPrinciple 1 – contextual matters – no uphold Principle 7 – no denigration or discrimination – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] On the Morning Grill programme broadcast by Radio Pacific on 2 August 2002 at approximately 6. 04am, the presenters (Pam Corkery and Paul Henry) discussed the Queen’s recent visit to a mosque in Britain. The presenters focused on the fact that entry into the mosque required the Queen to remove her shoes. [2] H B McMeekin complained to The RadioWorks Ltd, the broadcaster, that the presenters’ comments were "insulting, gratuitous, and ageist". [3] In declining to uphold the complaint, the broadcaster submitted that the comments complained about were "lighthearted and were not intended to be offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989South Park – episode included reference to a prank in which the character Butters was sleeping and another character, Cartman, purportedly put Butters’ penis in Cartman’s mouth and took a photo – another scene involved Cartman blindfolding Butters and trying to trick Butters into letting Cartman put his penis into Butters’ mouth – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) – item had a complex and multifaceted storyline – acts were not intended to be sexual – contextual factors – not upheld Standard 10 (violence) – broadcaster exercised sufficient care when dealing with the issue of violence – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Henry Drive – referring to the name of the show segment, the host stated, “It’s time for our left right shit fight” – guest stated, “As much as this is meant to be a shit fight Sue, you are going to have to find some more subjects that we disagree on” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – low-level language used in a non-aggressive manner and in a robust talkback environment would not have surprised listeners – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Paul Henry Drive show was broadcast on Radio Live between 3pm and 6pm on Monday 20 June 2011....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the purchase of a bluefin tuna at auction for nearly one million dollars – item contained footage of fish’s head being removed and a number of tuna being sliced and filleted – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – killing animals for food is a fact of life – images were not gratuitous and would not have offended most viewers in the context of a news item – not upheld Standard 10 (violence) – filleting fish did not amount to “violence” for the purposes of the standard – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – included discussion on a study which showed a link between domestic violence and animal abuse – host made a number of comments that were critical of the women who took part in the study and of women who stayed in violent relationships because of their pets – for example, he said that they were “morons”, “probably deserved to be abused”, and were “born sub-normal” – host made comments that were critical of the White Ribbon campaign – allegedly in breach of good taste and decency, accuracy, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – talkback is a robust and opinionated environment – host’s approach could be considered offensive and provocative but was for effect and to generate a response – overall, programmes were balanced – contextual factors – not upheld Standard 7 (discrimination and denigration) –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on proposed brothel aimed at women – contained interview with owner – promo shown during One News – both item and promo allegedly in breach of good taste and decency, controversial issues, responsible programming, and children’s interestsFindingsStandard 1 (good taste and decency) – promo and item covered legitimate story – neither broadcast contained visuals of brothels or sex workers – contextual factors – not upheld Standard 4 (controversial issues) – focus of promo and item was Ms Corkery – neither contained a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcasts [1] A promo for Close Up was broadcast during an episode of One News on TV One at 6. 25pm on Monday 16 August 2010....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – host of comedy programme said “motherfucker” with reference to MP Hone Harawira – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comment was legitimate humour referencing earlier news story about Hone Harawira – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – 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 events, was broadcast on TV3 at 9. 30pm on Friday 11 February 2011. During a segment called, “My Kid Could Draw That”, both teams were asked to guess which event from the week a school pupil had drawn. One of the pictures depicted MP Hone Harawira leaving the Māori Party....

Tapu Misa declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade in Wellington – contained footage of bare-breasted women – allegedly in breach of good taste and decency, programme classification and children’s interestsFindings Standard 1 (good taste and decency) – footage of bare breasts was not salacious – contextual factors – not upheldStandard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheldStandard 7 (programme classification) – standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on 3 News, broadcast on TV3 at 6pm on 7 November 2008, reported on the "Boobs on Bikes" parade promoting the Erotica exhibition that took place in Wellington....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video included segments of a toddler being frightened by people dressed up as monsters – child shown crying and distressed – allegedly in breach of good taste and decency, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – video unrealistic – contextual factors – not upheld Standard 9 (children’s interests) – music video broadcast at 11. 33pm – standard does not apply – not upheld Standard 10 (violence) – video did not contain any scenes of violence – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of the music video programme Blender, broadcast on C4 at 11. 30pm on 8 June 2009, a video for a song called “Kids” by the band MGMT was played....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – visit to Wellington by Prince Charles – two topless women protesters shown – allegedly in breach of good taste and decency and children’s interestsFindingsStandard 1 (good taste and decency) – context – 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 8 March 2005 reported on the visit to Wellington by Prince Charles. The item included a public function which had been disrupted by two women protesters, both of whom were topless. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had not maintained standards consistent with the observance of good taste and decency or children’s interests....

Summary [This summary does not form part of the decision. ] Two teams of comedians on 7 Days made comments about the complainant, a Christchurch City Council candidate who had been in the news for exposing people who visited an illegal brothel. The Authority did not uphold the complaint that this was unfair. The complainant willingly put himself in the public eye, and it was reasonable to expect scrutiny. The comedy genre of the programme, and the tone of the comments, indicated this was not intended as a personal attack on the complainant, or to be informative, but was purely for the purpose of entertainment and humour, so potential harm to the complainant was minimal....

The Authority did not uphold a complaint about a promo for Love Island Australia, which was available to view online on ThreeNow. The promo depicted the programme host, Sophie Monk and two others as angels sitting in the clouds. The ‘god of love’, a heart-shaped cloud in the sky, called down to Sophie saying, ‘we need more love’. Sophie responded that she had ‘the perfect place for falling in love… a love island’, in response to which the ‘god of love’ asked, ‘and what about hot bods? ’ The complainant found the promo offensive as he considered it mocked Christianity and Christian beliefs....

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 –…...

Download a PDF of Decision No. 1993-104:Armitage and Television New Zealand Ltd - 1993-104 PDF313. 81 KB...

The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....