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Smits and Television New Zealand Ltd - 1995-097
1995-097

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 97/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Bennett and Television New Zealand - 2020-091 (9 December 2020)
2020-091

Warning: This decision contains language that some readers may find offensive. The Authority has not upheld a complaint that the language used in two episodes of The Hotel Inspector, breached the good taste and decency and children’s interests standards. In this context, the language used would not have caused audiences undue offence or harm and it was not beyond what viewers would reasonably expect from the programme. The programme was adequately signposted to enable audiences to protect children. Not Upheld: Good Taste and Decency and Children’s Interests...

Decisions
Carpenter and The Radio Network Ltd - 2012-081
2012-081

Complaint under section 8(1C) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – on the face of it the game perpetuated racial stereotypes – however the outcome as broadcast demonstrated flaws in stereotyping – attempt at humour and satire – freedom of expression outweighed potential harm caused – contextual factors – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage the denigration of, or discrimination against, any of the groups referred to as sections of the community – guideline 7a provides exemption for humour and satire – not upheld This headnote does not form part of the decision....

Decisions
Classic Hits 99FM and The Heat 82.3FM - 2001-113
2001-113

ComplaintThe Heat – announcer named manager and referred to staff of Classic Hits abusively and as fuckwits – broadcaster upheld complaint – written apology insufficient. FindingsAction taken insufficient OrderBroadcast of apology This headnote does not form part of the decision. Summary Between 5. 30–6. 00pm on Saturday 30 June 2001, an announcer on The Heat named the manager of Classic Hits 99FM in Timaru and referred abusively to him, and to his staff. They were described on air as "fuckwits" and listeners were invited to phone Classic Hits and tell them what they thought of them. Garey Hanifin, Manager of Classic Hits 99FM in Timaru, complained to The Heat that the comments amounted to a "gross breach" of broadcasting standards. The Heat upheld the complaint. It accepted that the remarks were unfair and uncalled for, and apologised by letter....

Decisions
Pahl and The Radio Network Ltd - 2002-087
2002-087

ComplaintNewstalk ZB – talkback – reference to named Judge "jerking off at work" – bad taste – unbalanced – anti-male FindingsPrinciple 1 – robust environment – no uphold Principle 5 – reference to named Judge unfair – majority – uphold Principle 7 and Guideline 7a – neither men nor judges denigrated – no uphold No Order This headnote does not form part of the decision. Summary [1] A High Court Judge who had viewed pornography on the Internet while at work was the subject of a talkback discussion on Newstalk ZB on 19 February 2002 at around 10. 00pm. During the broadcast, the host made a reference to the Judge "jerking off at work". [2] Dennis Pahl complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the reference was anti-male, defamatory, in poor taste and showed a "demonstrable lack of balance" in the show....

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
Smith and The Radio Network Ltd - 2002-058
2002-058

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Decisions
Vavasour and TV3 Network Services Ltd - 2000-051
2000-051

Complaint3 News – child participants – mother’s consent – children of gang member sought by police – privacy – good taste – fairness – upheld by broadcaster FindingsAction taken by broadcaster sufficient This headnote does not form part of the decision. Summary Two pre-school children were shown in news items broadcast on 3 News at 6. 00pm and 10. 30pm on 25 January 2000. They were described as the children of a member of the "Screwdriver Gang" who was being sought by police in connection with armed robberies in Auckland. Kris Vavasour complained to TV3 Network Services Ltd that the privacy of the two young children had been breached. She also complained that it was a breach of the good taste standard and unfair to show footage of the children in a way which publicly identified them....

Decisions
Connell and TV3 Network Services Ltd - 1992-002
1992-002

Download a PDF of Decision No. 1992-002:Connell and TV3 Network Services Ltd - 1992-002 PDF299. 1 KB...

Decisions
Johnston and Radio Pacific Ltd - 1995-104
1995-104

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 104/95 Dated the 12th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY JOHNSTON of Christchurch Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Harang and Television New Zealand Ltd - 1998-107
1998-107

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-107 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Ashworth and Television New Zealand Ltd - 2010-156
2010-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Decisions
Angus and TVWorks Ltd - 2009-009
2009-009

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....

Decisions
McGrath and Television New Zealand Ltd - 2003-015
2003-015

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

Decisions
Harang and Television New Zealand Ltd - 2007-097
2007-097

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed footage of female strippers dancing in a strip club – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – majority – broadcaster was sufficiently mindful of the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 21 August 2007, reported on the controversy in Australia following an admission by an Australian politician that he had visited a strip club while in New York. The reporter then questioned several New Zealand MPs about whether they had ever been to a strip club....

Decisions
Evans and TVWorks Ltd - 2010-185
2010-185

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – story about former cricketer Shane Warne reportedly having an affair with Liz Hurley – referred to his past indiscretions and showed images of him with topless women, with their breasts blurred – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – images were brief, dark and indistinct – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 13 December 2010, reported that former Australian cricketer Shane Warne was rumoured to be having an affair with model and actress Liz Hurley....

Decisions
Wiseman and MediaWorks TV Ltd - 2015-039
2015-039

Summary[This summary does not form part of the decision. ]During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. The Authority did not uphold a complaint that the use of 'twat' was inappropriate for a breakfast show. The comment was within audience expectations of the host's well-known style of presentation and humour, and unlikely to disturb or offend a significant number of viewers in the context of a news and current affairs programme aimed at adults. Not Upheld: Good Taste and DecencyIntroduction[1] During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. [2] Iain Wiseman complained that the use of the word 'twat' was inappropriate for a breakfast show when children were likely to be watching....

Decisions
Wratt and MediaWorks TV Ltd - 2019-031 (17 September 2019)
2019-031

The Authority declined to determine a complaint regarding a news item covering animal welfare in rodeos. David Wratt complained that the item, which covered loss of animal life in rodeos, should focus on the deaths of babies as human life is more valuable than animal life. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority.   Declined to Determine: Good Taste and Decency; Programme Information; Discrimination and Denigration; Balance; Fairness...

Decisions
Walker and MediaWorks Radio Ltd - 2018-069 (14 November 2018)
2018-069

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that it was inappropriate to broadcast the song ‘Talk Dirty’ by Jason Derulo at 4pm on The Edge. The Authority noted the language complained about was censored in the song, minimising any potential offence or harm caused. Taking into account relevant contextual factors, including audience expectations of The Edge and the popularity and longevity of the song (first released in 2013), the Authority found that children’s interests were adequately considered and the song was unlikely to cause widespread undue offence. Accordingly, any restriction of the right to freedom of expression on this occasion would be unjustified. Not Upheld: Good Taste and Decency, Children’s Interests The broadcast[1] The song ‘Talk Dirty’ by Jason Derulo was broadcast at 4pm on 17 July 2018 on The Edge radio station....

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