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Decisions
Hurndell and TV3 Network Services Ltd - 1997-132
1997-132

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997- Dated the th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D L HURNDELL of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Durham and Groen and Channel Z Ltd - 1997-185, 1997-186
1997-185–186

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-185 Decision No: 1997-186 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MARTIN DURHAM of Upper Hutt and MAARTEN GROEN of Lower Hutt Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Harris and Television New Zealand Ltd - 1997-084
1997-084

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-084 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANK HARRIS of Mount Maunganui Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Martin and Television New Zealand Ltd - 2009-060
2009-060

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made remarks about his dislike for campervans and the people who use them – allegedly in breach of good taste and decency, accuracy and fairness standards Findings Standard 1 (good taste and decency) – comments intended to be humorous – contextual factors – not upheld Standard 5 (accuracy) – host's comments were personal opinion not points of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation taking part or referred to in the programme – campervan owners not a section of the community to which guideline 6g applies – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Decisions
Fowles and Television New Zealand Ltd - 2009-143
2009-143

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Eyewitness: The Danielle Cable Story – movie contained coarse language including the word “fuck” – programme preceded by a warning for graphic violence, but not for coarse language – broadcaster agreed that the movie should have included a specific warning for coarse language – stated that it had instituted changes to ensure warnings were provided where appropriate – action taken allegedly insufficient FindingsStandard 1 (good taste and decency) – adequate explanation of why breach occurred given to complainant – action taken by the broadcaster was appropriate and sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Eyewitness: The Danielle Cable Story was broadcast on TV One at 8. 30pm on Sunday 27 September 2009. The movie contained coarse language which included the phrases “fuck off” and “fucking idiot”....

Decisions
Pegram and Radio Pacific Ltd - 1996-059
1996-059

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-059 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID PEGRAM of Wellington Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
NZ On Air and Radio Liberty Network - 1995-140
1995-140

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 140/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND ON AIR Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Decisions
Preserving Communication Standards Trust Inc and TV3 Network Services Ltd - 1999-228
1999-228

SummaryA segment on consumer rights relating to boundary fences was included in Target broadcast on TV3 on 29 August 1999 beginning at 7. 00pm. A brief shot of a man’s buttocks was seen in a skit performed by two actors. Dawn Shelford, on behalf of Preserving Communication Standards Trust Inc, complained that she and the members of her group found this segment objectionable. She said they did not consider it appropriate for this segment to have been included in a consumer rights programme as it was "a kind of titillation based on public indecency". TV3 responded that the 7-second view of the actor’s bare bottom was in its view acceptable in the context. It did not agree that the scene was objectionable and exceeded community standards of decency. It declined to uphold the complaint. For the reasons given below, the Authority declines to determine the complaint....

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
Deerness and CanWest TVWorks Ltd - 2007-005
2007-005

Complaint under section 8(1)(a) of the Broadcasting Act 1989Outrageous Fortune – scene in which two actors have sex in a video store – scene in which male character was touching the female character in a sexual manner – 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] An episode of Outrageous Fortune, a comedy-drama series about a one-family crime wave trying to go straight, was broadcast on TV3 at 9. 30pm on 14 November 2006. The episode was preceded by a warning which said: This programme is rated adults only and is recommended for a mature audience. It contains sexual material and language that may offend some people....

Decisions
Mackie and Television New Zealand Ltd - 2005-087
2005-087

Complaint under section 8(1)(a) of the Broadcasting Act 1989Seven Periods with Mr Gormsby – comedy series about a politically incorrect relief teacher – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] Episode three of Seven Periods with Mr Gormsby, a comedy series about a politically incorrect teacher in a New Zealand school, was screened on TV One on 20 May 2005 at 9. 35pm. [2] The programme’s storyline involved the discovery of a used condom in the reading recovery area of the school, and the subsequent revelation that a young female teacher had been sexually involved with a male student....

Decisions
Slocombe and CanWest RadioWorks Ltd - 2004-102
2004-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – host’s comments – men who use moisturiser do not necessarily “take it up the bum” – host’s “arse” so firm he could open a twist top stubby with his “butt cheeks” – various other comments – alleged breach of good taste and decencyFindings Principle 1 (good taste and decency) – comments crass and vulgar but did not reach threshold in context – not upheldThis headnote does not form part of the decision. Broadcast[1] Just before 6. 30am on 16 April 2004, one of the hosts of The Morning Madhouse on radio station The Edge asked listeners to telephone with the answer to the following question: “13% of men secretly do what? ”[2] The first caller suggested that they “shave their balls” and that “females don’t mind getting ‘down there’ and licking”....

Decisions
Meiklejohn and Television New Zealand Ltd - 2000-066
2000-066

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

Decisions
Adams and 4 Others and Television New Zealand Ltd - 2010-143
2010-143

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Decisions
Steans and TVWorks Ltd - 2011-105
2011-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Forgetting Sarah Marshall– contained three brief shots of a naked man with his genitals visible at approximately 8. 35pm – use of words “fuck” and “fucking” at about 8. 40pm – allegedly in breach of standards relating to good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – nudity was fleeting and non-sexualised – expletives were incidental and used colloquially rather than abusively – content did not amount to “strong adult material” broadcast too soon after the AO watershed – movie was classified AO and broadcast outside children’s viewing times – warning for nudity and language allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Forgetting Sarah Marshall was broadcast on TV3 at 8....

Decisions
Shone and Television New Zealand Ltd - 2013-078
2013-078

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....

Decisions
Creevey and Independent Broadcasting Company (1990) Ltd - 1992-052
1992-052

Download a PDF of Decision No. 1992-052:Creevey and Independent Broadcasting Company (1990) Ltd - 1992-052299. 79 KB...

Decisions
Patterson and New Zealand Media and Entertainment - 2015-065
2015-065

Summary[This summary does not form part of the decision. ]During Jeremy Wells' 'Like Mike' skit on Hauraki Breakfast Regurgitated, in which he parodied radio and television presenter Mike Hosking, Mr Wells discussed the flag debate and his admiration for John Key. Imitating Mr Hosking's voice he said, 'I was pleasuring myself watching John Key on Parliament TV the other day, and, just when things were coming to a climax, they cut to [Labour leader Andrew] Little and I lost thickness immediately'. The Authority did not uphold a complaint that the comment breached standards of good taste and decency. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of Mr Wells, Mr Hosking, the programme and the radio station. The comments were inexplicit and in the nature of innuendo, and would have gone over the heads of most children....

Decisions
McCaughan and MediaWorks TV Ltd - 2016-062 (2 December 2016)
2016-062

Summary[This summary does not form part of the decision. ]During three items on Newshub, interviewees used potentially offensive language, including ‘piece of piss’ and ‘shit’. The Authority did not uphold a complaint that multiple instances of allegedly ‘foul language’ during a news programme were unacceptable. The Authority emphasised that the expressions reflected the interviewee’s choice of language to convey their response to the issues discussed, and were not abusive or directed at any individual. The Authority recognised that in our diverse New Zealand society, people may communicate using different kinds of language, and this will usually be acceptable so long as standards are maintained. In the context of a news programme aimed at adults, and items which carried relatively high value in terms of public interest and freedom of expression, the Authority was satisfied that the language would be unlikely to cause widespread undue offence among the general audience....

Decisions
Moore and MediaWorks TV Ltd - 2017-059 (21 September 2017)
2017-059

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....

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