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Decisions
Miller and Television New Zealand Ltd - 2011-007
2011-007

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Liam – promo for AO-classified film broadcast during G-rated cooking show – allegedly in breach of standards relating to good taste and decency, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – promo was correctly classified – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the AO-rated film Liam was broadcast on TV One on Thursday 18 November 2010 during Masterchef Australia, a reality cooking show which was rated G and screened at 4. 55pm. The 33-second promo consisted of a montage of scenes involving a young boy....

Decisions
Lawrence and The RadioWorks Ltd - 2002-053
2002-053

ComplaintRadio Pacific – talkback – caller referred to Prime Minister Helen Clark as "a barren bitch and a sleeping homosexual" – failure to cut off caller – breach of good taste and decency – broadcaster failed to respond to complaint within statutory 20 working days – later advised the broadcast of derogatory comments against policy – host apologised and gave assurance that it would not occur again FindingsPrinciple 1 – personal abuse – unacceptable – uphold Principle 8 – no tape – no excuse – uphold OrderPrinciple 1 – broadcast of approved statement This headnote does not form part of the decision. Summary [1] During a talkback programme broadcast on Radio Pacific on 20 September 2001 between 9. 00pm and 10. 00pm, a listener heard a caller to the station describe Prime Minister Helen Clark as "a barren bitch and a sleeping homosexual"....

Decisions
Simmons and Walker-Simmons and RadioWorks Ltd - 2012-004
2012-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

Decisions
Stockwell and Television New Zealand Ltd - 2009-078
2009-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Decisions
Goldingham and Television New Zealand Ltd - 2008-006
2008-006

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989What Now? – “Grossology” episode – presenters discussed people who pick their noses and eat it and don’t share it with others – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – typical children’s humour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the children’s programme What Now? , broadcast on TV2 from 8am to 10am on Sunday 11 November 2007, was entitled the “Grossology” episode. It featured “heaps of gross things. . . disgusting things. . . like bogies. . . and bodily functions”. [2] During the episode, What Now? presenter Charlie talked to a character “Chuck Chunks” about how to get back at another presenter for playing gross practical jokes on him....

Decisions
Lewes and Television New Zealand Ltd - 2008-085
2008-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Decisions
Harrison and Television New Zealand Ltd - 2004-085
2004-085

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – headline used phrase “… National extends its middle finger…” – allegedly breached requirement for good taste and decencyFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The following headline was broadcast on Tonight, which screened on TV One at 10. 35pm on 10 March: The Government extends the hand of cooperation over race issues but National extends its middle finger in response. The headline referred to a refusal by National Party leader Dr Brash to the Government’s invitation to take part in a proposed inquiry into race issues. Complaint [2] Mrs Harrison complained that the headline breached standards of good taste and decency....

Decisions
Golden and Radio New Zealand Ltd - 2006-130
2006-130

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – discussion about taxi safety – referred to taxi drivers as “cabbies” – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair FindingsPrinciple 1 (good taste and decency) – “cabbies” not pejorative – not upheld Principle 4 (balance) – broadcaster not required to present views of non-Taxi Federation companies – not upheld Principle 5 (fairness) – did not imply that non-Taxi Federation members were at the “bottom end” of the industry – not unfair – not upheld Principle 6 (accuracy) – programme was ambiguous as to whether Taxi Federation represented all companies – not inaccurate – not upheld This headnote does not form part of the decision....

Decisions
Wolf and Television New Zealand Ltd - 2005-056
2005-056

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – showed magazine photograph which reported that celebrities Charlotte Dawson and Nicky Watson had moved into a flat together – photograph included women’s Chihuahua dogs – presenter said “Cricket and Harper have recently moved in together” – allegedly offensive, unfair and deceptiveFindingsDecline to determine complaint under s11(b) of Broadcasting Act 1989This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10. 00pm on 5 April 2005, referred to an issue of New Zealand Woman’s Weekly featuring a photograph of celebrity flatmates Charlotte Dawson and Nicky Watson, and their pet dogs. The presenter referred to the dogs and said “Cricket and Harper have recently moved in together”. Complaint [2] Graham Wolf complained to Television New Zealand Ltd, the broadcaster, that the comment was offensive and unfair to the named celebrities....

Decisions
Goodwin and Television New Zealand Ltd - 2010-116
2010-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on a police search that ended up with two officers being shot and a police dog being killed – contained interviews with a neighbour living next to the property where the incident occurred and the Commissioner of Police – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – interview with Police Commissioner was straightforward and respectful – Mr Broad and the police treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 7 (discrimination and denigration) – presenter’s behaviour and comments did not encourage the denigration of members of the New Zealand police force –…...

Decisions
Hadfield and Radio New Zealand Ltd - 2004-023
2004-023

ComplaintMediawatch – National Radio – allegedly offensive languageFindings Principle 1 – language not offensive – not upheldThis headnote does not form part of the decision Summary [1] An interview with former broadcaster Ron Sneddon about recent changes in the radio market was broadcast during Mediawatch on National Radio at about 9. 10am on Sunday 28 September 2003. [2] Miss Hadfield complained about “offensive content and swear words” during the interview, in which references were made to: “tits, bums and fart jokes” a radio station called “The Bitch”. [3] In response, RNZ declined to uphold the complaint on the basis that the language was not offensive in the context of the broadcast. [4] Dissatisfied with RNZ’s decision, Miss Hadfield referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority does not uphold the complaint....

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
The New Zealand Woman and TV3 Network Services Ltd - 2002-018, 2002-019
2002-018–019

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Decisions
Duggan and The Radio Network Ltd - 2004-086
2004-086

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to streaking incident during rugby game – host commented that streaker used baby oil “no doubt to prepare himself for the police baton” – alleged breach of good taste and decency, balance, fairness and accuracyFindings Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – does not apply to editorial/opinion pieces – not upheld Principle 7 – Guideline 7a (denigration) – police not denigrated – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 8. 00am on 23 March 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented about a streaker incident which occurred during a Super 12 Rugby game at Hamilton Park....

Decisions
Orsulich and Television New Zealand Ltd - 2006-036
2006-036

Complaint under section 8(1)(a) of the Broadcasting Act 1989Canterbury Tales – "The Miller’s Tale" – a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe – allegedly in breach of good taste and decency and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – implicit violence justified by context – care and discretion shown – not upheldThis headnote does not form part of the decision. Broadcast [1] A modern day television adaptation of Chaucer’s Canterbury Tales – "The Miller’s Tale" was screened on TV One at 9. 35pm on Sunday 5 March 2006. Near the end of the story, a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe....

Decisions
Wolf and Television New Zealand Ltd - 2005-009
2005-009

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Decisions
Stratford and Television New Zealand Ltd - 2005-124
2005-124

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – character used the words “Jesus” and “Christ” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] Facelift, a satirical programme which lampooned politicians and other high profile New Zealanders, screened on TV One at 10. 05pm on 19 September 2005. On this occasion, Facelift ridiculed television coverage of the election results two nights earlier. The character playing TV One’s political editor, Mark Sainsbury, used the words “Jesus” and “Christ”. Complaint [2] Brian Stratford complained to Television New Zealand Ltd, the broadcaster, that the character had used the words “Jesus” and “Christ” as exclamations. He considered that this was blasphemous and offensive....

Decisions
O'Callaghan and Radio Active Ltd - 2004-063
2004-063

Complaint under s. 8(1)(b) of the Broadcasting Act 1989 "Threat" by hip hop artist Jay-Z – lyrics include references to “niggers”, “shit” and “fuck” – alleged breach of good taste and decencyFindings Principle 1 (good taste and decency) and Guideline 1a – broadcaster removed song from play list – tantamount to acknowledgement that song breached standards – action taken sufficient – decline to determine standards complaintThis headnote does not form part of the decision. Broadcast [1] The song Threat by hip hop artist Jay-Z was broadcast on Radio Active 89FM at around 9. 10am on Tuesday 17 February 2004. Complaint [2] Michael O’Callaghan complained to Radio Active Ltd, the broadcaster, that he had heard a song broadcast at around 9. 10am which contained “the most explicit, disgusting and inappropriate obscene lyrics I have ever heard on public radio”....

Decisions
Calvert and Triangle Television Ltd - 2003-047
2003-047

Complaint Issues 101 – gay movie – screened during gay television festival at 8. 30pm – scenes depicting oral and anal sex – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – depiction prolonged and graphic – offensive – majority upholdStandard 9 and Guidelines 9b and 9c – offensive scene broadcast before 9pm on Saturday – unsuitable for children – unanimous uphold OrderBroadcast of Statement This headnote does not form part of the decision. Summary [1] Issues 101 was a film broadcast by Triangle Television Ltd at 8. 30pm on Saturday 1 March 2003. The film which was preceded by a warning, and classified AO, formed part of a gay television festival and included scenes depicting oral and anal sex....

Decisions
Robb and The Radio Network Ltd - 2002-184
2002-184

ComplaintNewstalk ZB – discussion regarding "National Penis Day" – included reference to penis on Michaelangelo’s David – breach of good taste and decency FindingsPrinciple 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] On Newstalk ZB an interview with the Executive Director of the New Zealand AIDS Foundation regarding "National Penis Day" was broadcast on 2 September 2002 at 5. 34pm. The discussion concerned the Foundation not being able to publicise the day by putting up billboards featuring penises. [2] David Robb complained to The Radio Network Ltd (TRN), the broadcaster, that the item was offensive and the material inappropriate, particularly for child listeners. [3] In response, TRN maintained that the comments in context did not breach current norms of good taste and decency. It declined to uphold the complaint....

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