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Decisions
Odinot and Radio New Zealand Ltd - 1992-010
1992-010

Download a PDF of Decision No. 1992-010:Odinot and Radio New Zealand Ltd - 1992-010 PDF426. 74 KB...

Decisions
Mclean and Television New Zealand Ltd - 2018-046 (10 August 2018)
2018-046

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society....

Decisions
Broughton and Rikys and Television New Zealand Ltd - 2009-104
2009-104

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

Decisions
Gilchrist and Discovery NZ Ltd - 2021-130 (20 December 2021)
2021-130

Following an interview with a COVID-19 vaccine advocate on the AM Show, the host noted Medsafe gave the vaccine the ‘same approval as everyday medicines like Panadol and Nurofen’. The complaint stated this was misleading and in breach of five standards, including the accuracy standard. The Authority did not uphold the complaint as the accuracy standard is concerned with material inaccuracy. To the extent there was any inaccuracy, it was unlikely to significantly affect the audience’s understanding of the programme. The Authority considered the other standards raised either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Programme Information, Balance, Fairness...

Decisions
Low and Radio New Zealand Ltd - 1994-080
1994-080

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D. LOW of Kaeo Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Hayes and Radio Otago Ltd - 1996-018
1996-018

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-018 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDDIE HAYES of Hawkes Bay Broadcaster RADIO OTAGO LTD TRADING AS 93 FM, HASTINGS J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Harvey and Television New Zealand Ltd - 2020-023 (24 August 2020)
2020-023

The Authority has not upheld a complaint about the use of the term ‘bugger’ by weather presenter Dan Corbett during a broadcast of Seven Sharp. The Authority considered the term constituted low level coarse language which would not have offended a significant number of listeners in the context of the broadcast. Not Upheld: Good Taste and Decency...

Decisions
Watkins and The RadioWorks Ltd - 2001-071–084
2001-071–084

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Decisions
Birchfield and The Radio Network Ltd - 2004-213
2004-213

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

Decisions
Schwabe and Radio New Zealand Ltd - 2010-174
2010-174

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

Decisions
Murdoch and TVWorks Ltd - 2011-059
2011-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained racial comments, coarse language and sexual connotations – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – content amounted to legitimate humour/satire referencing current affairs issues – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and screened at 9. 30pm – 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 news stories, was broadcast at 9. 30pm on TV3 on Friday 1 April 2011....

Decisions
Conn and Television New Zealand Ltd - 2011-106
2011-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promos for Nothing Trivial – broadcast during Emmerdale – contained comments, “one guy who’s in serious need of a root” and, “when your husband can’t keep his dick in his pants” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – Emmerdale aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Emmerdale – not upheld This headnote does not form part of the decision. Broadcasts [1] Two promos for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, were broadcast on 1 and 5 July 2011 on TV One between 12. 30pm and 1. 30pm, during Emmerdale which was rated PGR....

Decisions
Turner and Television New Zealand Ltd - 2008-112
2008-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – man hit another’s head on a rock – man hit with baseball bat – unconscious man put in car and car set alight – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld by majority No Order This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 2 September 2008. It began with a car chase involving one of the central characters, Dr Craig Valentine, who was eventually forced off the road and down a bank....

Decisions
Braddon-Parsons and Radio New Zealand Ltd - 2007-035
2007-035

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interviewee said “Jesus” and “for Christ’s sake” – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – words not used sensationally, or gratuitously repeated – fitted into the category of an exclamation of irritation or alarm – not upheld This headnote does not form part of the decision. Broadcast [1] An interview with Derek Fox, the editor of Mana Magazine and a commentator on Māori issues, was conducted on Radio New Zealand National’s Nine to Noon programme on the morning of Thursday 15 February 2007. Mr Fox spoke about Māori achievement levels in the education system. At various points in the interview, Mr Fox used the expressions “Jesus” and “for Christ’s sake”....

Decisions
Stott, on behalf of ADHD.org.nz, and Oliver and Television New Zealand Ltd - 2000-130, 2000-131
2000-130–131

Complaint60 Minutes – item on Ritalin – offensive – irresponsible – failed to respect principles of law – likely to place children at riskFindings(1) Standard G5 – no disrespect for law evidenced – no uphold (2) Standard G2 – public interest – current affairs – audience expectations unlikely to have been exceeded – no uphold (3) Standard G12 – not relevant – no uphold (4) Standard G16 – public interest – no uphold This headnote does not form part of the decision. Summary An item on the black market for the prescription drug Ritalin was broadcast on 60 Minutes on TV One on 11 June 2000 beginning at 7. 30pm. On behalf of ADHD. org....

Decisions
Malcolm and RadioWorks Ltd - 2003-007, 2003-008
2003-007–008

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

Decisions
Eichbaum and Television New Zealand Ltd - 2003-100
2003-100

ComplaintThe Last Word – a discussion about decriminalisation of prostitution – presenter described promoter of change as a "Pomgolian" – refused to allow him to describe changes elsewhere – unbalanced – inaccurate – unfair – offensive FindingsStandard 1 – context – no uphold Standard 4 – presenter put views strongly as well as acting as facilitator – range of views advanced – no uphold Standard 5 – no inaccuracies – no uphold Standard 6 – on balance – interruption not unfair given experiences of interviewee This headnote does not form part of the decision. Summary [1] The sponsor of the Prostitution Reform Bill, Tim Barnett MP, and women’s advocate, Sandra Coney, were interviewed on The Last Word, which was broadcast on TV One at 10. 40pm on 24 June 2003. The presenter, Pam Corkery, stated that she opposed the Bill....

Decisions
Holding and Television New Zealand Ltd - 2004-061
2004-061

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Serial Mom – movie – language – included repeated use of “fuck” – allegedly bad tasteFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld This headnote does not form part of the decision. Broadcast [1] Serial Mom, a satirical movie about a murderous suburban mother in America, was broadcast on TV2 from 10. 30pm on 26 January 2004. Early in the movie, the lead character makes an obscene telephone call. During the call the word “fuck” is spoken repeatedly and other offensive language is also used. Complaint [2] Doreen Holding complained to Television New Zealand Ltd, the broadcaster, about the use of the word “fuck”....

Decisions
Pridham and Television New Zealand Ltd - 2005-004
2005-004

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fear Factor – episode showed contestant eating live dragonflies – complainant alleged such behaviour was barbaric – allegedly in breach of standards of good taste and decencyFindings Standard 1 (good taste and decency) – well-established programme screened after the AO watershed – item distasteful but did not breach standards of good taste and decency – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factorwas screened on TV2 at 8. 30pm on 18 December 2004. The broadcaster described Fear Factoras a reality programme in which contestants are challenged to take part in activities which they find frightening, repellent, or disgusting. The programme had a Christmas theme and the segment that was the subject of the complaint involved a contestant eating live dragonflies....

Decisions
Anderson and Channel Z - 2001-131
2001-131

ComplaintChannel Z – "motherfucker" – "fucking cunt" – offensive language FindingsPrinciple 1 – breach of current norms of good taste and decency – uphold OrderCosts of $750 to the Crown This headnote does not form part of the decision. Summary I B Anderson complained to Channel Z, the broadcaster, about the expressions "motherfucker" and "fucking cunt" being broadcast on 30 May 2001 just before 4. 30pm. When the broadcaster did not respond within the statutory 20 working days, Mr Anderson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The broadcaster then responded that Channel Z was a niche radio station with an alternative format, and that its audience had a liberal view of language. The broadcaster agreed that the expressions were offensive and would not usually be broadcast....

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