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Hurndell and TV3 Network Services Ltd - 1997-132
1997-132

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

Decisions
Hardie and The Radio Network Ltd - 2009-151
2009-151

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix news – report stated that Christchurch man had pleaded guilty to murdering his wife and neighbour and to having sexual intercourse with his victims’ bodies after strangling them – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the case were widely reported – standard does not apply to certain groups of people or individuals – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news report was broadcast on Easy Mix radio station at 2pm on Monday 9 November 2009. The news reader said: In this update, the Christchurch man who’s admitted to killing two women and burying them under his house will be sentenced at the end of the month....

Decisions
Harrison and Television New Zealand Ltd - 2008-065
2008-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....

Decisions
Fippard and The Radio Network Ltd - 2005-019
2005-019

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback discussion on the Queen’s refusal to attend the civil wedding ceremony for the Prince of Wales – host said “she’s a heartless wench through and through” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – comment light-hearted expression of opinion – no obscene language – not upheldThis headnote does not form part of the decision Broadcast [1] The subject of whether the Queen would attend the wedding of Prince Charles and Camilla Parker-Bowles was discussed on the Newstalk ZB talkback programme at approximately 10. 30pm on 23 February 2005. A male caller explained that, while the Queen would attend the religious blessing of the couple, she could not attend the civil wedding ceremony. The host ended the conversation saying “she’s a heartless wench through and through”....

Decisions
Whiteley and TV3 Network Services Ltd - 2004-121
2004-121

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – item about big budget films to be made in New Zealand – movie clip shown included a shot of a woman falling off her chair and her dress flying up – allegedly offensive and contrary to interests of child viewers FindingsStandard 1 (good taste and decency) – context – inexplicit – not upheld Standard 9 (children’s interests) – not unsuitable for children in context – not upheld This headnote does not form part of the decision. Broadcast [1] An item about the number of big budget films to be made in New Zealand featured on 3 News at approximately 6. 20pm on 7 June 2004. The item included interviews with two leading actors who said they were looking forward to working in New Zealand, one of whom was Jack Black....

Decisions
Shearer and Television New Zealand Ltd - 2003-010
2003-010

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....

Decisions
Hooker and TV3 Network Services Ltd - 2002-036
2002-036

ComplaintThe Waterboy promo – nudity – incorrect classification – broadcaster not mindful of effect of broadcast on children Findings Standard G2 –context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold; standard G22 – G rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for the movie The Waterboy was broadcast on TV3 on 19 October 2001 at 6. 40pm, during a broadcast of 3 News. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the promo showed one of the characters featured in the movie "pull[ing] down his trousers and exposing his buttocks". [3] TV3 declined to uphold the complaint....

Decisions
Reardon and TV3 Network Services Ltd - 2001-120
2001-120

ComplaintThe Panel – promo – panellist mocked Princess Margaret – breach of good taste FindingsStandard G2 – not a breach of good taste – no upholdThis headnote does not form part of the decision. Summary A promo for the programme The Panel, broadcast on TV3 on 31 May 2001, included a segment where panellist Pam Corkery pointed to a photograph of Princess Margaret from The New Zealand Herald and said, "Princess Margaret wore dark glasses and appeared to be able to see", before bursting into laughter. Mrs Sonia Reardon complained to TV3 Network Services Ltd, the broadcaster, that it was a breach of good taste and decency for the panellist to make a mockery of Princess Margaret....

Decisions
O'Brien and MediaWorks TV Ltd - 2016-001 (4 May 2016)
2016-001

Summary[This summary does not form part of the decision. ]A promo for Paul Henry, broadcast during 3 News, featured a photo of an alleged terrorist and host Paul Henry joking about the type of dialogue that would occur between members of a terrorist group. The Authority did not uphold a complaint alleging that this promo was highly offensive ‘so soon after the Paris terrorist attacks’ and breached the controversial issues standard. The promo did not explicitly mention the Paris terrorist attacks, was apparently intended to be humorous (as the hosts were all shown laughing) and was consistent with expectations of the host programme. The promo also did not amount to a discussion of a controversial issue which triggered the requirement to provide balance. Not Upheld: Good Taste and Decency, Controversial IssuesIntroduction[1] A promo for Paul Henry, broadcast during 3 News, showed a photo of an apparent terrorist....

Decisions
Johns and Television New Zealand Ltd - 2016-049 (20 September 2016)
2016-049

Summary[This summary does not form part of the decision. ]An episode of the British cartoon, Grizzly Tales, which was classified G (General), featured a young girl called Victoria Spew who threw tantrums until she vomited to get her way. At the end of the episode, Victoria was sucked into the vacuum cleaner her mother had bought to clean up after her. The cartoon showed Victoria’s teeth being pulled from her gums, and organs and body parts falling into the bag. The episode ended with Victoria’s body parts trapped in the vacuum cleaner. The Authority upheld a complaint that this episode of Grizzly Tales was unsuitable for young children. The programme was classified G and so was required to be suitable for all children under the age of 14....

Decisions
HS and MediaWorks Radio Ltd - 2019-112 (27 May 2020)
2019-112

The Authority has not upheld a complaint that the action taken by MediaWorks in response to a breach of the fairness standard during a segment of Jay-Jay, Flynny and Jase Driving You Home was insufficient. The segment featured host Flynny telling a story about an ‘embalmer’ who had embalmed their cat after it passed away. The Authority agreed that the complainant was unfairly treated by the broadcaster in breach of the fairness standard. However, the Authority found the action taken by the broadcaster, which included a direct apology to the complainant, and counselling of the hosts concerned, was proportionate to the breach. The Authority also found that the broadcast was unlikely to cause widespread undue offence or distress and that the complainant’s privacy was not breached as they were not identifiable in the broadcast. Not Upheld: Fairness (Action Taken), Good Taste and Decency, Privacy...

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
Mitchell and Wolf and The Radio Network Ltd - 2004-113, 2004-114
2004-113–114

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Decisions
Campbell and Television New Zealand Ltd - 2001-067, 2001-068
2001-067–068

ComplaintOne News – comment in both headlines and item – kick up the arse – political meeting – offensive language FindingsStandard G2 – no tape of headlines – decline to determine; comment in item acceptable in context – no uphold This headnote does not form part of the decision. Summary The contest for the presidency of the National Party was dealt with in an item on One News broadcast at 6. 00pm on 6 May 2001. The item reported on the voting at a regional conference, with one delegate saying that "the party needs a good kick up the arse". The remark was also included in the opening headlines for One News. Don Campbell complained to Television New Zealand Ltd, the broadcaster, that the opening headline and the item containing that expression failed to meet standards of good taste and decency....

Decisions
Sharp and Television New Zealand Ltd - 1992-025
1992-025

Download a PDF of Decision No. 1992-025:Sharp and Television New Zealand Ltd - 1992-025328. 32 KB...

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Tanner and MediaWorks Radio Ltd - 2015-085 (28 January 2016)
2015-085

Summary[This summary does not form part of the decision. ]During Paul Henry on Radio Live the presenters said ‘bloody’ and ‘bugger’ several times. The Authority did not uphold a complaint that this language was unacceptable. These terms constituted low-level coarse language which would not have offended a significant number of listeners in the context of the broadcast. The language was within audience expectations of the presenters, the programme and the radio station. Not Upheld: Good Taste and DecencyIntroduction[1] During Paul Henry on Radio Live the presenters said ‘bloody’ and ‘bugger’ several times. [2] Dr John Tanner complained that this language was unacceptable. [3] As Dr Tanner did not nominate a specific standard in his complaint, MediaWorks assessed the complaint under what it considered to be the most relevant standard....

Decisions
Hendry and Mediaworks TV Ltd - 2018-084 (18 December 2018)
2018-084

Summary[This summary does not form part of the decision. ]A complaint about comments, made by contestants about a landscaper during an episode of The Block, was not upheld. During the episode, a new landscaper started work on the property of contestants, Chlo and Em. Em referred to the landscaper and said, ‘Who’s that new meat on The Block? Come over. ’ Chlo then said ‘Some fresh meat for Em’. The complainant submitted the references to the landscaper as ‘meat’ were sexist, unacceptable and amounted to sexual harassment. The Authority highlighted the importance of context when considering whether comments of a sexual nature have breached broadcasting standards. The Authority noted that, in some contexts, these comments could be considered to be inappropriate. In this case, however, the comments did not go beyond audience expectations of The Block....

Decisions
Mould and Mediaworks TV Ltd - 2020-017 (29 June 2020)
2020-017

The Authority did not uphold a complaint under the good taste and decency standard about a brief segment on The Project displaying an image of a scented candle developed by celebrity Gwyneth Paltrow. The complaint was that the name of the candle was disgusting and vile and unnecessary to report on. The Authority acknowledged that this content could have been better signposted for viewers, and some may have been surprised by it and found it distasteful. However reporting the name of the candle in itself did not threaten standards of good taste and decency at a level which warranted limiting freedom of expression, taking into account the wider context of the broadcast. The segment reported on a real product available for sale and the item viewed in its entirety was consistent with audience expectations of The Project and its typical style of presentation and humour....

Decisions
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

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