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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
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
NZ On Air and Radio Liberty Network - 1995-140
1995-140

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 140/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND ON AIR Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Decisions
Hooker and TV4 Network Ltd - 2001-217
2001-217

ComplaintStar Trek: Deep Space 9 – "lesbian kiss" – bad taste FindingsStandard G2 – context – no upholdThis headnote does not form part of the decision. Summary [1] An episode of Star Trek: Deep Space 9 was broadcast on TV4 at 8. 30pm on 24 August 2001. The episode included a scene where two of the female characters kiss. [2] Michael Hooker complained to TV4 Network Ltd, the broadcaster, about a "lesbian kiss" which was included in the broadcast, and which he considered to be "far outside the accepted norms of taste and decency, given the context in which the behaviour occurred". [3] TV4 declined to uphold the complaint. It maintained that the kiss was acceptable in the context of a PGR programme, explaining that it was brief, important to the storyline, not AO in nature and screened after the AO watershed....

Decisions
Bailey and Radio New Zealand Ltd - 2002-083
2002-083

ComplaintDreams of a Suburban Mercenary – short story – offensive language – broadcaster not mindful of the effect on children FindingsPrinciple 1 – artistic work – acceptable use in context – no uphold Principle 7 and Guideline 7b – not targeted at young listeners – no uphold This headnote does not form part of the decision. Summary [1] "Dreams of a Suburban Mercenary" was the title of the short story broadcast on National Radio after the midday news on Saturday, 2 February 2002. The story included the words "fucking" and "bastard". [2] R L Bailey complained to Radio New Zealand Limited, the broadcaster, that the language breached standards relating to good taste and decency, and that the broadcaster was not mindful of the effect the broadcast may have on children....

Decisions
Schwabe and Television New Zealand Ltd - 2001-070
2001-070

ComplaintOne News – Shop closure in country town – comment from observer – "It’s going to be a bugger to lose that shop" – language offensive. FindingsStandard G2 – language not inappropriate in context – no upholdThis headnote does not form part of the decision. Summary The comment "It’s going to be a bugger to lose that shop" was used by a man interviewed during an item about the closure of the Deka shop in Dargaville. The item was broadcast on One News on 16 March 2001 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive. TVNZ responded that the word was not inappropriate in the context of the item, and declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Schwabe referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Schwabe and Television New Zealand Ltd - 2000-080
2000-080

ComplaintHolmes – offensive language – presenter said "bugger the international media" – America’s Cup context FindingsStandard G2 – "bugger" not acceptable for common usage, but acceptable in context – no uphold This headnote does not form part of the decision. Summary During an item about the America’s Cup on Holmes on TV One at 7. 00pm on 21 February 2000, the presenter said "bugger the international media". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word "bugger" breached broadcasting standards which require the observance of good taste and decency. TVNZ responded that, in the context of a highly charged America’s Cup campaign, the use of the word "bugger" did not breach broadcasting standards. It did not accept that its use carried the suggestion that the word was now acceptable for common usage. It declined to uphold the complaint....

Decisions
Freeman and Television New Zealand Ltd - 2011-001
2011-001

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....

Decisions
Young and TVWorks Ltd - 2011-074
2011-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – male character injected with “gay gene” – went to “Straight Camp” where he was encouraged to drink, play full contact football, and “find loose women to have sex with” – allegedly in breach of good taste and decency, discrimination and denigration, children’s interests, and liquor standards FindingsStandard 1 (good taste and decency) – scene had clear humorous and satirical intent – contextual factors – not upheld Standard 9 (children’s interests) – scene was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage denigration of, or discrimination against, a section of the community – not upheld Standard 11 (liquor) – broadcast did not amount to “liquor promotion” – not upheld This headnote does not form part of the decision....

Decisions
Cochran and Radio New Zealand Ltd - 2017-032 (24 July 2017)
2017-032

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on the final stages of a court case in Auckland, known as the ‘Dome Valley’ kidnapping, in which a young woman was kidnapped, beaten, sexually violated and left to die by a group of her former friends. The reporter outlined the events of the kidnapping and the item featured segments of the victim giving evidence (with her voice disguised) via audio-visual link from another room in the closed court. The reporter and the victim outlined her assault and injuries in some detail. No audience advisory was broadcast....

Decisions
Harrison and MediaWorks Radio Ltd - 2019-024 (18 July 2019)
2019-024

The Authority has not upheld a complaint that a segment of Dom, Meg and Randell breached the good taste and decency and children’s interests standards. The Authority found that, while comments made on the show may have been distasteful to some, the broadcaster’s right to freedom of expression includes the right to broadcast such material provided this does not cause undue harm. The Authority found that, given the well-established nature of the programme, the station and their target audience, listeners and particularly those with children in their care had sufficient information to make an informed decision about what they listened to. The Authority noted that the standards do not prohibit inexplicit sexual references or sexual innuendo during children’s normally accepted listening times, and it was likely that many of the references during this segment would have gone over the heads of child listeners....

Decisions
Anderson and Television New Zealand Ltd - 2004-224
2004-224

Diane Musgrave declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Murder on the Blade?...

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
Stamilla and TVWorks Ltd - 2011-130
2011-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Decisions
Baker and The Radio Network Ltd - 2004-034
2004-034

Complaint Radio Sport – host Doug Golightly told caller, “For Christ’s sake, piss off” – offensive – unfair Findings Principle 1 – context – not upheld Principle 5 – comment directed at caller – bad tempered – verging on breach – not upheld This headnote does not form part of the decision Summary [1] During a talkback session on Radio Sport on 13 December 2003, at about 10. 00am, the host Doug Golightly said to a caller, “For Christ’s sake, piss off”. [2] Chris Baker complained to The Radio Network Ltd (TRN), the broadcaster, that the language was offensive and the comment was unfair. [3] In response, TRN declined to uphold the complaint. It considered the attitude apparent and the language contained in the item were acceptable in the robust style of talk show hosted by Mr Golightly....

Decisions
Sundborn and TVWorks Ltd - 2010-044
2010-044

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Decisions
Harrison and Television New Zealand Ltd - 2009-047
2009-047

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men and Scrubs promo – male character in Scrubs promo stated "I don’t like doing things I'm not good at", to which female character responded, "Yeah, that's why we don't have sex much" – male doctor in Scrubs promo talking to a female nurse said "My post-op is going in and out of consciousness. You know what I'd like to go in and out of?...

Decisions
Hutchins and Māori Television - 2005-064
2005-064

Dr Patu Hohepa, the Commissioner of Te Taura Whiri i te Reo Māori, was co-opted as a person whose qualifications and experience were likely to be of assistance to the Authority. He took part in the Authority’s deliberations but the decision is that of the permanent members. Complaint under section 8(1)(a) of the Broadcasting Act 1989Toi Whakaari – kapa haka group performing haka which included a whakapohane – exposed buttocks – allegedly unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – traditional cultural event presented in a stylised manner – not disturbing or alarming for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A kapa haka group performing a haka was shown in an episode of Toi Whakaari broadcast on Māori Television at about 6. 40pm on 9 May 2005....

Decisions
Fearon and RadioWorks Ltd - 2010-118
2010-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Weekend Sport – host used the word “root” during a discussion about alleged sexual misconduct by a former All Black – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – host used a coarse colloquialism to convey a positive message – word “root” said in matter-of-fact manner – younger child listeners unlikely to understand subject matter of the conversation – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] In a segment during Weekend Sport called “Six of the Best”, broadcast on Radio Live at approximately 5. 20pm on 10 July 2010, the hosts briefly discussed the resignation of former All Black Andy Haden as a Rugby World Cup ambassador after he was criticised for comments he made about alleged historical sexual misconduct by another former All Black....

Decisions
Sargeant and The Radio Network Ltd - 2013-015
2013-015

Complaint under section 8(1B)(b)(i) 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, discrimination and denigration, and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – segment was an attempt at humour and satire – the outcome as broadcast demonstrated flaws in stereotyping – broadcast would not have offended most listeners in context, was not socially irresponsible, and did not reach high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community – not upheld This headnote does not form part of the decision....

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