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Summary [This summary does not form part of the decision. ]The Authority declined to uphold the complaint that an episode of Jeremy Kyle, a talk show dealing with relationship breakdowns between guests, breached broadcasting standards. The complainant’s objections related to the nature of the series in general, rather than specific content in this episode. While elements could have caused discomfort or distress for viewers, the episode was consistent with audience expectations of the talk show genre, was rated PGR and was broadcast at a time when AO programmes are permitted, during the school term, so children were unlikely to be watching....

Summary [This summary does not form part of the decision. ]The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The song included one muted use of the word 'fucking'. The Authority did not uphold the complaint that the item breached standards of good taste and decency as the word 'fucking' was not clearly audible and occurred only once in the song. Not Upheld: Good Taste and DecencyIntroduction[1] The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The opening lyrics of the song included one instance of the word 'fucking', which was partly muted. [2] Christine McCabe complained that the word 'fucking' was 'quite audible'. [3] The issue is whether the broadcast breached the good taste and decency standard of the Radio Code of Broadcasting Practice....

Summary[This summary does not form part of the decision. ]During The Edge’s afternoon show Jono, Ben & Sharyn, host Jono Pryor referred to a particular television channel as ‘the wanker channel’. A complaint was made that Mr Pryor’s use of the term ‘wanker’ was inappropriate and offensive. The Authority found that, taking into account relevant contextual factors including The Edge’s target audience, audience expectations of Jono, Ben & Sharyn and the nature of the explicit language used, the comment did not reach the threshold required to justify limiting the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Children’s Interests Introduction[1] During The Edge’s afternoon show, Jono, Ben & Sharyn, host Jono Pryor referred to a particular television channel as ‘the wanker channel’. [2] Anna Cherry complained that Mr Pryor’s use of the term ‘wanker’ was ‘inappropriate’....

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

The Authority did not uphold a complaint that a Newshub report regarding government employees accessing pornographic sites while at work breached the good taste and decency and children’s interests standards. The Newshub report included images of web addresses for the sites accessed. The Authority noted the public interest in the prevalence of, and harm caused by, pornography and considered that the content was within audience expectations for the news. In the context, the item was unlikely to cause widespread offence or undermine community standards and unlikely to adversely affect child viewers. Not Upheld: Good Taste and Decency, Children’s Interests...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – animated series depicted the Queen committing suicide – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – episode used parody and satire to comment on politics – freedom of expression includes the right to satirise public figures – content acceptable during AO programme screened at 9. 30pm – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the cartoon comedy South Park was broadcast on FOUR at 9. 30pm on 21 June 2012. Towards the end of the episode, Queen Elizabeth II was depicted committing suicide by shooting herself in the mouth, following a botched terrorism attempt....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....

ComplaintOne News – offensive language – horse named Bugger me – unsuitable for children FindingsStandard G2 – newsworthy – not gratuitous – no upholdStandard G12 – no uphold This headnote does not form part of the decision. Summary A news item broadcast on One News on TV One at 6. 00pm on 21 February 2000 described the controversy in the harness racing industry which had arisen over a horse named "Bugger Me". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive and its use on television had a detrimental effect on children and society in general. TVNZ responded that in the context of a news item reporting on a controversial matter, the use of the word bugger did not breach broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back of the Y – programme contained substantial amount of coarse language and staged violence – mocked religion – skit in which a character playing Jesus Christ was beaten up by another playing Santa Claus – skit called ‘Pooman and Wees’ in which the character Pooman threw imitation faeces at his enemies and showed his bottom and genitals from behind – scene where woman was sprayed with imitation faeces and licked some off her hands – character Wees tried to clean the faeces off her by spraying her with imitation urine, but sprayed himself instead – skit called ‘Smoodiver’ in which the male character was shown apparently masturbating – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – episode contained material and themes that were in bad taste – cumulative effect of material – contextual factors favouring…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skins – programme about a group of teenagers in Britain – showed teenagers drinking excessive amounts of alcohol and taking drugs – contained sexual material, nudity, violence and coarse language – allegedly in breach of good taste and decency, law and order, responsible programming, children’s interests, violence and liquor promotion standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme correctly classified AO9....

Complaint Mercy Peak – sexual scenes – offensive – indecent themes – broadcaster not mindful of the impact on teenage viewers FindingsStandard 1 – contextual matters – no upholdStandard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Mercy Peak is a New Zealand drama series. An episode broadcast on TV One at 8. 35pm on Wednesday 25 September 2002 included a sex scene between two characters who were portrayed as having an affair. [2] Anne Shearer complained to Television New Zealand Ltd, the broadcaster, that the sex scene shown and the story-line were offensive. In her view, TVNZ had been irresponsible because it had failed to consider the impact of such themes on teenage viewers. [3] When the broadcaster failed to respond to her formal complaint, Ms Shearer referred it to the Broadcasting Standards Authority under s....

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....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – language – “fuck you” – allegedly offensive – warning requiredFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – warning not necessary – not upheld This headnote does not form part of the decision. Broadcast [1] Spooks is a BBC drama series built around the activities of a fictional counter-terrorism unit attached to MI5. MI5 is the government agency responsible for internal security. In an episode beginning at 9. 30pm broadcast on TV One on 24 February 2004, one character said to another “fuck you”. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that such language was offensive and the programme should have been preceded with a warning. Standards [3] TVNZ assessed the complaint under Standard 1 and Guidelines 1a and 1b of the Free-to-Air Television Code of Broadcasting Practice....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported on a court trial in which several people were accused of being involved in the death of a toddler – included details of the abuse suffered by the child – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the abuse were not gratuitous – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Newstalk ZB at 5pm on Tuesday 21 October 2008, reported on the High Court trial of several people in relation to the death of a toddler. The presenter began the report by stating: The Crown has today outlined the horrific abuse Rotorua pre-schooler Nia Glassie went through for months before her death....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...