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Summary [This summary does not form part of the decision. ]The host of talkback programme Canterbury Mornings expressed the view that parking wardens in Christchurch were ‘scum’ for ticketing people in the central city, after everything they had been through with the earthquakes. The Authority did not uphold the complaint that the host’s comments were unacceptable, irresponsible and denigrated parking wardens. The comments related to a legitimate issue and were well within the host’s right to free speech, especially given that talkback radio is recognised as a robust and opinionated environment. A caller also challenged the host, so listeners were given a countering perspective....

Download a PDF of Decision No. 1993-094:Clyne and TV3 Network Services Ltd - 1993-094 PDF377. 3 KB...

Download a PDF of Decision No. 1992-027:Noble and Radio New Zealand Ltd - 1992-027 PDF163. 37 KB...

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’....

The Authority has upheld a complaint about a broadcast of The DailyMail TV, finding that footage broadcast during the programme was inappropriate for the PGR classification and time of broadcast, and required an audience advisory for disturbing content. The programme was broadcast at 3. 30pm on a weekday, and featured partially censored footage of an American stabbing victim in the moments before she died. While the woman’s injuries were blurred, her distressed facial expression and blood splatters on the floor were visible. A second story featured censored footage of two 19-year-old women who claimed they had been drugged, filmed inside a bar naked and allegedly performing sex acts. The Authority found that this content went beyond what could be expected from a PGR-classified programme broadcast during children’s normally accepted viewing times and that the programme should have been classified AO – Adults Only....

The Authority upheld a complaint that a segment of Punjabi talkback programme, Dasam Granth Da Sach breached the good taste and decency, violence and law and order standards. During the segment, the host made threatening comments, directed at members of a Sikh sect in response to recent violent incidents in India. The Authority found the comments undermined widely shared community standards, considering their seriousness, specificity and other contextual factors. The Authority also found the comments actively incited violence and promoted disrespect for the law within the specific community of listeners. The Authority recognised the value of the broadcaster’s right to freedom of expression but found the potential for harm justified a restriction of this right. Upheld: Good Taste and Decency, Violence, Law and Order Orders: Section 13(1)(a) broadcast statement...

The Authority did not uphold a complaint that the use of the word ‘douche’ following an interview with Hannah Tamaki breached the good taste and decency standard. The complaint was that Mrs Tamaki was referred to as a ‘douche’, which was not an acceptable way to refer to a woman. The Authority noted that the word was used on two occasions. The first use of the word originated from audience feedback saying Mrs Tamaki was ‘on the same page as [Donald Trump]; and that ‘Trump’s a douche’. The host’s later comment promoting an upcoming item – ‘from douches to [chef] Nadia Lim’ – was ambiguous as to whether or not it was intended to refer to Mrs Tamaki. In any event, the Authority did not consider the use of the word threatened community standards of good taste and decency in the context. Not Upheld: Good Taste and Decency...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 31/94 Dated the 26th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The Authority has not upheld a complaint about the use of ‘Jesus’ as an exclamation in an episode of Shortland Street. The complaint was the use of ‘Jesus’ in this way disrespected New Zealanders who use that name only in prayer. The Authority acknowledged the complainant, and others in the community, find the language used offensive. However, as it has previously determined, the use of variations of ‘Jesus’ and ‘Christ’ as exclamations did not threaten community standards of good taste and decency. Not Upheld: Good Taste and Decency  ...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

Summary "Six Days in a Leaky Boat" was the name of the documentary broadcast on Inside New Zealand on TV3 at 8. 30pm on 24 March 1999. It featured six people in their twenties who were sailing a yacht in the Bay of Islands, and who had never met before. They were required to perform a number of objectives in difficult circumstances. Mr Stewart complained to TV3 Network Services Ltd, the broadcaster, that the language used and behaviour shown in a programme about boating was unacceptable and in breach of the standards. Furthermore, he wrote, the "foul" language used was advanced as acceptable, which amounted to a deceptive programme practice. Explaining that the programme was about the relationships between six people in their twenties who were required to perform difficult tasks, TV3 said that the unscripted programme captured their reactions....

ComplaintNational Radio – Saturday Morning programme – host referred to rock band as "miserable buggers" – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in Principle 1 Principle 1 – language did not refer to anal intercourse or bestiality – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] During the Saturday Morning programme broadcast on National Radio on 28 July 2001, the host described a rock band as the most "miserable buggers" he had ever seen. [2] Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the word "bugger" was contrary to good taste and decency. [3] Declining to uphold the complaint, RNZ noted that the Authority's research showed that almost three-quarters of those interviewed considered the word "bugger" to be acceptable....

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…...

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – host discussed “tweet” on social networking website Twitter by rapper Lil Wayne – host said, “His tweet was quite interesting. He said, ‘I busted my fuggin’ head at skate park’” – allegedly in breach of good taste and decency and children’s interests standardsFindingsStandard 1 (good taste and decency) – host clearly said “fuggin’” – “fuggin’” not offensive in its own right – contextual factors – not upheldThis headnote does not form part of the decision. Introduction[1] At approximately 5. 30pm on More FM on 23 August 2011, the radio host was discussing interesting “tweets” by celebrities on the social networking website Twitter. He said: Lil Wayne, he fell off his skateboard, smashed him in the face, he got nine stitches. His tweet was quite interesting....

Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Lead item on One News – investigative report into alleged pornographer in Gisborne – allegedly in breach of good taste and decency FindingsStandard 1 (Good taste and decency) – item was genuinely newsworthy – strong warning given – news by very nature will often deal with distasteful material – content not offensive – images discreet – not upheld This headnote does not form part of the decision. Broadcast [1]The lead item on One News on 1 August 2004 was a report from Television New Zealand’s investigative team concerning an alleged pornographer in Gisborne. The item alleged that the man was involved in procuring under-age girls for sex and the making of pornography, including through the use of stupefying drugs, and that he lured women into pornography by making false promises and statements....

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....