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Robinson and RadioWorks Ltd - 2010-037
2010-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host sang jingle about a public figure being “into ladies” – included phrases, “when they make love do they have to put a strap on it”, she “wanted to go rug munching” and she “got sick of dicks” – broadcaster upheld complaint under good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – song lyrics were unacceptable for broadcast at 8. 20am – serious breach of good taste and decency – action taken by broadcaster was insufficient – upheld OrdersSection 16(4) – costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] At 8....

Decisions
Wilson and Television New Zealand Ltd - 2013-069
2013-069

Summary [This summary does not form part of the decision. ]A One News item reported highlights of the ‘2013 MTV Video Music Awards’ and included footage of a female artist, Miley Cyrus, performing a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was inappropriate for broadcast during the news. The footage, while not to everyone’s taste, was relatively brief in the context of the item, which featured a number of highlights, and gave a flavour of what had occurred without being gratuitous. The inclusion of the footage was relevant in illustrating why the performance had generated worldwide media attention. Overall, the item was acceptable in the context of an unclassified news programme targeted at adults....

Decisions
Slocombe and CanWest RadioWorks Ltd - 2004-102
2004-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – host’s comments – men who use moisturiser do not necessarily “take it up the bum” – host’s “arse” so firm he could open a twist top stubby with his “butt cheeks” – various other comments – alleged breach of good taste and decencyFindings Principle 1 (good taste and decency) – comments crass and vulgar but did not reach threshold in context – not upheldThis headnote does not form part of the decision. Broadcast[1] Just before 6. 30am on 16 April 2004, one of the hosts of The Morning Madhouse on radio station The Edge asked listeners to telephone with the answer to the following question: “13% of men secretly do what? ”[2] The first caller suggested that they “shave their balls” and that “females don’t mind getting ‘down there’ and licking”....

Decisions
Minister of Health (Hon Jenny Shipley) and Radio New Zealand Ltd - 1994-071
1994-071

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 71 /94 Dated the 22nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MINISTER OF HEALTH HON JENNY SHIPLEY Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Hope and Radio New Zealand Ltd - 1995-016
1995-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HOPE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Gillies and TV3 Network Services Ltd - 1999-046
1999-046

SummaryThe arrest of Headhunter gang members was covered in an item broadcast on 3 News on 11 December 1998. Russell Gillies complained to TV3 Network Services Limited, the broadcaster, that because the item had shown footage of gang members giving the camera, and therefore the viewer, "the fingers", it had failed in its responsibility to maintain standards of good taste and decency. Mr Gillies described the gesture as a defiant act which was intended to be an insult, and argued that the inclusion of it in the item was offensive. TV3 advised Mr Gillies that after viewing the item, and examining the context in which "the fingers" symbol was shown, it had concluded that currently accepted norms of decency and taste had not been breached. Dissatisfied with TV3’s decision, Mr Gillies referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Blackburn and TV3 Network Services Ltd - 1999-175
1999-175

Summary A repeat broadcast of an ICE TV programme was screened on TV3 on 17 July 1999, commencing at 9. 35am. ICE TV is a programme aimed at teenagers containing some humorous and informative material. O Blackburn complained to TV3 Network Services Limited, the broadcaster, that the programme contained language and nudity that was "unsuitable". TV3 responded that the programme was screened in PGR time and the nudity and language used were appropriate in that context. It contended that the nudity in the programme was not offensive. It said that the shots where the male presenters’ buttocks were visible were part of a comedic routine. It added that no genitalia or breasts were shown. As for the language, it stated it had "beeped" or removed words it considered offensive. TV3 declined to uphold the complaint....

Decisions
Moore and TV3 Network Services Ltd - 1997-166
1997-166

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-166 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOSH MOORE of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Malcolm and Television New Zealand Ltd - 1997-107
1997-107

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-107 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN MALCOLM of Pukerau Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Brown and Television New Zealand Ltd - 2009-085
2009-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q+A – panel discussion about immigration policy in New Zealand – one panellist stated that meeting immigration criteria was not an easy process and included a test for syphilis – host responded “How did the test turn out? I’m sorry! ” – allegedly in breach of good taste and decency, privacy and children’s interests FindingsStandard 1 (good taste and decency) – question was light-hearted and intended to be humorous – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 9 (children’s interests) – unaccompanied children unlikely to watch news programmes – host’s question would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision....

Decisions
Samuel and Television New Zealand Ltd - 2008-121
2008-121

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Hotel Babylon – sex scene broadcast one minute after the Adults Only watershed – broadcaster upheld complaint under three standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency), 7 (programme classification) and 9 (children’s interests) – broadcaster upheld complaint under three standards and counselled appraiser – action taken sufficient This headnote does not form part of the decision. Broadcast [1] An episode of Hotel Babylon, a BBC drama following the lives of workers at a five-star hotel, was broadcast on TV One at 8. 30pm on Wednesday 1 October 2008. The programme’s introductory sequence at 8. 31pm included a five-second scene showing a couple having sex. No breasts or genitals were shown, and, although the woman’s naked back could be seen as she straddled a man in bed, her buttocks were covered with a sheet....

Decisions
Valenta and Television New Zealand Ltd - 2002-154
2002-154

ComplaintM2 – "One Night in New York City" – music video – theme of drug rape – portrayal of criminal sexual activity – breach of good taste and decency Findings Standard 1 – context, including offensive language and behaviour – majority uphold Standard 2 – Guideline 2e – anti-social behaviour portrayed but not glamorised – no uphold No Order This headnote does not form part of the decision. Summary [1] A music video by the band The Horrorists, entitled "One Night in New York City", was broadcast on M2 on TV2 at approximately 4. 25am on 10 February 2002. The lyrics told the story of a 15-year-old girl who visited New York City, and went home with a man she met at a nightclub. The man gave her a pill, which she took, and then she asked him what it was....

Decisions
Oswald and Television New Zealand Ltd - 2009-106
2009-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covered the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court explaining how his relationship with Ms Elliott began – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – details of relationship were not sufficiently explicit to require a warning – high degree of public interest – contextual factors – not upheld Standard 3 (privacy) – deceased person not an “individual” for the purposes of Broadcasting Act 1989 – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Thursday 9 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott....

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
McIntosh and Nudds and Television New Zealand Ltd - 2008-039
2008-039

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Wolf Creek – horror film contained drugging, sexual violence, torture and murder – allegedly in breach of good taste and decency, children’s interests and violence standards Findings Standard 10 (violence) – extremely disturbing violence – inadequate classification and warning – upheld Standard 9 (children’s interests) – outside children’s normally accepted viewing times – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] Wolf Creek, an Australian horror film, was broadcast on TV2 at 8. 30pm on Tuesday 11 March 2007. In the film, two women, Lizzy and Kristy, and their friend, Ben, travelled together to visit the meteorite crater at Wolf Creek National Park. When they returned from the crater, they discovered their car would not go....

Decisions
Fowles and Television New Zealand Ltd - 2008-138
2008-138

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homegrown – programme investigating history of beer in New Zealand – words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" used – other words censored – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – language was humorous rather than abusive – worst language was censored – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Homegrown, a locally produced series which investigated various aspects of New Zealand culture and particularly produce, was broadcast on TV One at 7pm on Saturday 1 November 2008. This episode looked at the history of beer brewing in New Zealand. [2] During the programme, the words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" were used, predominantly by one of the interviewees. Some other words were bleeped out....

Decisions
Werder and Television New Zealand Ltd - 1998-115, 1998-116
1998-115––116

Summary The programme Police, broadcast weekly on TV2, depicts aspects of police work, including the apprehension of criminals. Episodes broadcast on 30 April and 14 May 1998 at 8. 00pm included angry exchanges where the word "fuck" and its derivatives were used on several occasions. Mr Werder complained to Television New Zealand Ltd, the broadcaster, that the language was offensive and should not have been broadcast at a time when children were watching television. In his view, the warning preceding the programmes was inadequate and did not absolve the broadcaster of its responsibility to be mindful of children. In its response, TVNZ pointed out that Police was a documentary about actual police work. It was all too common, it noted, that police encountered abusive people who gave vent to their feelings by using foul language....

Decisions
Newman and TV3 Network Services Ltd - 1997-157, 1997-158
1997-157–158

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-157 Decision No: 1997-158 Dated the 27th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP NEWMAN of Te Awamutu Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Stancombe and Television New Zealand Ltd - 2004-060
2004-060

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Coke Countdown – music video – “Toxic” by Britney Spears – allegedly bad taste and unsuitable for childrenFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld Standard 9 (children’s interests) and Guidelines 9a and 9d – PGR viewing time – not upheld This headnote does not form part of the decision. Broadcast [1] The music video “Toxic” by Britney Spears was broadcast on Coke Countdown on TV2 at 9. 00am on 22 February 2004. Complaint [2] Rick and Suzanne Stancombe complained to Television New Zealand Ltd, the broadcaster, that the music video was in “poor taste” and that “children should not be subjected to this sort of indecency”....

Decisions
J and The Radioworks Ltd - 1999-024, 1999-025
1999-024–025

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

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