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Decisions
Colman and Radio New Zealand Ltd - 2004-072
2004-072

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

Decisions
Singh and Television New Zealand Ltd - 2001-009
2001-009

ComplaintThe Craft – film – theme witchcraft and sorcery – evil and violent – unsuitable for children FindingsStandard G2 – warning – AO – fantasy theme – acceptable in context Standard V1 – minimal violence – neither gratuitous nor prolonged – justifiable in context Standard V16 – warning – 8. 30pm – broadcaster mindful of effect This headnote does not form part of the decision. Summary Sorcery and witchcraft were themes in the film The Craft which was broadcast on TV2 on 28 October 2000 beginning at 8. 30pm. Mark Singh complained to Television New Zealand Ltd, the broadcaster, that "the evil and violent content" of the programme was unacceptable. He expressed concern about its impact on younger viewers. In its response, TVNZ emphasised that the film was a fantasy thriller which was quite divorced from reality....

Decisions
Broad and The RadioWorks Ltd - 2000-032
2000-032

Summary An exchange on The Rock included a conversation between the announcer and an actor portraying a fictitious Australian character called Darryl Brock, during which Darryl Brock asked the announcer whether a woman announcer had "big tits" and if "she bang[ed] like a shithouse door in the wind". The exchange was broadcast at around 9. 00am on 25 November 1999. K E Broad complained to The RadioWorks Ltd, the broadcaster, that the language used was offensive and totally unacceptable, and that children could have heard it because of the time of the broadcast. The RadioWorks responded that the reference to the woman having "big tits" was "perhaps a little raunchy", but was a slang expression and did not contravene broadcasting standards. As to the second remark, the RadioWorks said that the word "shithouse" was also slang and that this remark did not contravene broadcasting standards either....

Decisions
Hagger and The Radio Network Ltd - 2014-074
2014-074

Summary [This summary does not form part of the decision. ]Following news of Kim and Mona Dotcom’s marriage breakup, the Hauraki Breakfast Show featured a satirical interview with a sex therapist. The Authority did not uphold the complaint that this was offensive and in bad taste, and unsuitable for broadcast at 8. 35am. The content was typical of Radio Hauraki and would not have unduly surprised or offended regular listeners. Not Upheld: Good Taste and DecencyIntroduction[1] In the wake of Kim and Mona Dotcom’s marriage break-up, three hosts on the Hauraki Breakfast Show interviewed a ‘sex therapist’ on the issue of what they described as ‘big on small sex’. The ‘sex therapist’ was apparently not a real doctor, but playing the part in a scripted satirical skit. The discussion was broadcast at 8. 35am on Radio Hauraki on 19 May 2014....

Decisions
Steans and TVWorks Ltd - 2011-105
2011-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Forgetting Sarah Marshall– contained three brief shots of a naked man with his genitals visible at approximately 8. 35pm – use of words “fuck” and “fucking” at about 8. 40pm – allegedly in breach of standards relating to good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – nudity was fleeting and non-sexualised – expletives were incidental and used colloquially rather than abusively – content did not amount to “strong adult material” broadcast too soon after the AO watershed – movie was classified AO and broadcast outside children’s viewing times – warning for nudity and language allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Forgetting Sarah Marshall was broadcast on TV3 at 8....

Decisions
Smits and TV3 Network Services Ltd - 2001-085
2001-085

ComplaintLast Dance – movie – offensive language – "is she sucking your cock? " – "cock sucking bitch" FindingsStandard G2 – context – AO programme – AO time – warning – no uphold This headnote does not form part of the decision. Summary The movie Last Dance was broadcast on TV3 at 9. 30pm on Thursday, 15 March 2001. Last Dance is a movie about a government official who tries to save a woman on death row from execution. Philip Smits complained to the broadcaster, TV3 Network Services Ltd, that a scene during which one character asks another "is she sucking your cock? " and the woman on death row is referred to as a "cock sucking bitch" contained language which was unacceptable for broadcast....

Decisions
Miller and Television New Zealand Ltd - 1993-078
1993-078

Download a PDF of Decision No. 1993-078:Miller and Television New Zealand Ltd - 1993-078 PDF659. 74 KB...

Decisions
Ngapo & Tolungamaka and Television New Zealand Ltd - 2018-099 (13 March 2019)
2018-099

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about episodes of Shortland Street, which followed the ongoing storyline of a threesome between a married couple and their nanny. The Authority acknowledged that some viewers might find this storyline distasteful and that some scenes and references might have raised questions for children. However, the Authority found that various contextual factors, including audience expectations of the long-running television drama and a warning for sexual material, prepared audiences for the likely content and minimised the potential for undue harm. The sexual material and references contained in these episodes were relatively inexplicit, with no nudity or sexual activity beyond kissing shown. Finally, the fictional sexual activity took place between consenting adults and no illegal or seriously antisocial activity was portrayed during the programme....

Decisions
Taylor and Discovery NZ Ltd - 2022-024 (26 April 2022)
2022-024

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by Discovery NZ Ltd was insufficient, after it upheld a complaint under the good taste and decency standard about language and behaviour in a live interview on Newshub Live at 6pm. The interviewee was the father of Olympian Zoi Sadowski-Synnott, and was interviewed after her gold medal win. The interviewee used variations of the word ‘fuck’ in his response to questions. The Authority found the decision of the broadcaster to uphold the complaint, apologise and create guidance for live interview guests was adequate action taken given the nature of the breach. Not Upheld: Good Taste and Decency (Action Taken)...

Decisions
Smits and Television New Zealand Ltd - 1994-108
1994-108

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 108/94 Dated the 7th day of November 1994 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 I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Daczo and Television New Zealand Ltd - 1995-034
1995-034

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOANNE DACZO of Pirongia Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Green Party of Aotearoa New Zealand and The Radio Network Ltd - 2009-028
2009-028

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – afternoon host made comments about Green Party MP Keith Locke – allegedly in breach of good taste and decency, and fairness standards Findings Standard 6 (fairness) – viewers would have realised comments were host’s and callers’ interpretation of Mr Locke’s stance – public figures are open to criticism – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 This headnote does not form part of the decision. Broadcast [1] During Newstalk ZB’s afternoon show, broadcast between 1pm and 4pm on 5 January 2009, the host started a discussion about Green Party MP Keith Locke, saying: Keith Locke’s another one. He’s an apologist for terrorism....

Decisions
Anderson and TVWorks Ltd - 2007-140
2007-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nightline – item featured interview with two members of the band Linkin Park who used coarse language – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – inclusion of the language was gratuitous and deliberately provocative – no warning given – research supports likelihood of viewers being offended – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An item on Nightline, broadcast on TV3 just before 11pm on 15 October 2007, discussed the international success of American band, Linkin Park, and included an interview with two of the band members. At the beginning of the interview, one member said “Fuck you! ” in response to the interviewer welcoming them to New Zealand....

Decisions
Cross and Television New Zealand Ltd - 2008-059
2008-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

Decisions
Ram and Apna Networks Ltd - 2008-135
2008-135

Complaint under section 8(1C) of the Broadcasting Act 1989Bhajan Sanghra – host started a discussion about the National Party taking over from the previous Labour-led government – host believed that New Zealand's Indian community had been well supported under Labour – voiced concerns regarding what the National-led government would do to assist and support the New Zealand Indian community – encouraged listeners to text him with their concerns, which he would forward to the National Party – allegedly in breach of good taste and decency and controversial issues standards Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 4 (controversial issues – viewpoints) – did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Kirkland and Television New Zealand Ltd - 1999-013
1999-013

Summary An episode of Dharma and Greg was broadcast on TV2 on 14 October 1998 between 7. 30-8. 00pm. A male character described two women as "deaf Cockney humpbacks". Mr Kirkland complained to Television New Zealand Ltd that the portrayal of deaf people in the programme was discriminatory and paternalistic, and perpetuated a stereotypical view about deaf people being stupid. He sought an apology from the broadcaster. TVNZ pointed out that this was a comedy programme in which the two characters regularly assumed character roles. In this case one decided to be a humpback who was hard of hearing while the other adopted a Cockney accent. A male character said to them "Hello deaf Cockney humpbacks". TVNZ said it found nothing in this exchange which suggested that deaf people were intellectually limited, nor anything that would encourage discrimination against deaf people....

Decisions
Thorpe and Television New Zealand Ltd - 1999-111
1999-111

Summary The film Bad Boy Bubby included scenes in which the character, Bubby, was shown blocking the nostrils of a cat and, later, tightly wrapping the cat’s body in plastic wrap. The film was broadcast on TV2 on 10 April 1999 at 1. 55 am. Ms Thorpe complained to Television New Zealand Limited, the broadcaster, that she was upset and disturbed by the scenes showing what she called cruelty to the cat. The scenes, she wrote, involved a real cat and their broadcast could have given some viewers the incentive to copy the actions which were portrayed. TVNZ responded that the film was an intense and discomforting black comedy portraying a character whom the conventions of society had passed by. It was scheduled for broadcast well after midnight because of its disturbing nature, and was rated AO, it said....

Decisions
Anderson and Channel Z - 2001-131
2001-131

ComplaintChannel Z – "motherfucker" – "fucking cunt" – offensive language FindingsPrinciple 1 – breach of current norms of good taste and decency – uphold OrderCosts of $750 to the Crown This headnote does not form part of the decision. Summary I B Anderson complained to Channel Z, the broadcaster, about the expressions "motherfucker" and "fucking cunt" being broadcast on 30 May 2001 just before 4. 30pm. When the broadcaster did not respond within the statutory 20 working days, Mr Anderson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The broadcaster then responded that Channel Z was a niche radio station with an alternative format, and that its audience had a liberal view of language. The broadcaster agreed that the expressions were offensive and would not usually be broadcast....

Decisions
Mowat and Television New Zealand Ltd - 2004-163
2004-163

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

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