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Tracey and Radio New Zealand Ltd - 1994-053
1994-053

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS TRACEY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Beattie and Television New Zealand Ltd - 2003-046
2003-046

ComplaintThe Assignment – film – sexual behaviour and nudity – offensive – excessive violence – unacceptable at 8. 30pm FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guidelines 9a, 9b, 9c – 8. 40pm on Saturday – violent scene screened soon after the watershed – warnings by themselves may not be sufficient – insufficient discretion exercised – upholdStandard 10 and Guideline 10a – violence not gratuitous given factual basis – no uphold No Order This headnote does not form part of the decision. Summary [1] The film The Assignment was screened on TV2 at 8. 30pm on Saturday 19 October 2002. Based on the life of the notorious terrorist Carlos (The Jackal), the film’s story-line involved a CIA scheme to persuade Carlos’s allies to suspect his motives and to assassinate him....

Decisions
Richardson and CanWest TVWorks Ltd - 2005-097
2005-097

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – priest accidentally removed “Pope’s” head and sewed it back on – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – balance not required – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] An animated comedy series called Popetown centred around Father Nicholas, an idealistic young priest who lives in a fictional Vatican City (called Popetown) with a group of corrupt cardinals and a pogo-stick riding infantile Pope....

Decisions
Harang and TV3 Network Services Ltd - 2000-044
2000-044

ComplaintKeeping Secrets – documentary – strip club - nudity – warning insufficient – offensive behaviour – not mindful of children Findings(1) Standard G2 – warning – 9. 30pm – AO – nudity not focus – no full frontal nudity – no uphold (2) Standard G12 – 9. 30pm not "normally accepted" children’s viewing time – no uphold This headnote does not form part of the decision. Summary The documentary Keeping Secrets was broadcast on TV3 on 12 January 2000 at 9. 30pm. The documentary was about the opening of a second "Secrets" table dancing club in London. Kristian Harang complained to TV3 Network Services Ltd, the broadcaster, that the broadcast showed "strip club" scenes and nudity. He contended that the content transgressed broadcasting standards relating to good taste and decency and the protection of children....

Decisions
Nicholson and Television New Zealand Ltd - 2009-062
2009-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about "virtually blind" producer – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – host's comments were light-hearted and intended to be humorous – directed at one individual rather than blind people in general – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6. 30am and 9am on 17 April 2009, the hosts apologised for a noise that had occurred in the background while the news was being read. One host explained that the noise was caused by the executive producer "who's virtually blind". The host elaborated, mimicking the producer trying to read viewers' faxes, and also making a lot of noise taking a plate to the hosts as he could not see the table....

Decisions
James and TVWorks Ltd - 2009-127
2009-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade – contained footage of bare-breasted women – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – footage was fleeting and taken from a distance – not salacious – preceded by a warning – contextual factors – not upheld Standard 9 (children’s interests) – contained warning to advise parents – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, reported on the “Boobs on Bikes” parade in Auckland....

Decisions
Clancy and Television New Zealand Ltd - 2008-042
2008-042

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters had several light-hearted discussions about the Pope – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – presenters did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – presenters’ comments distinguishable from points of fact – not upheld Standard 6 (fairness) – programme did not denigrate the Pope or Catholics – not upheld This headnote does not form part of the decision. Broadcast [1] In an episode of Breakfast, broadcast on TV One at 7am on Tuesday 26 February 2008, the presenters, Paul Henry and Pippa Wetzell, and the newsreader, Peter Williams, had a jovial discussion about the current Pope and what he had been doing recently....

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
Middleton and Television New Zealand Ltd - 2009-032
2009-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – Europe correspondent discussed 13-year-old boy who had allegedly fathered a child with a 15-year-old girl – reported that other boys had claimed there was a possibility they were the father – commented that the girl was “a bit of a goer” – presenter referred to the girl as a “slapper” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 7. 45am during Breakfast, broadcast on TV One between 6. 30am and 9am on 17 February 2009, one of the hosts interviewed TVNZ’s Europe correspondent, who provided a weekly round-up of topical European stories....

Decisions
Benson-Pope and TVWorks Ltd - 2008-013
2008-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News, Nightline and Campbell Live – items looked at issues surrounding David Benson-Pope’s seeking re-election for the constituency of Dunedin South – allegedly in breach of good taste and decency, balance, accuracy and fairness Findings Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to complainant – not upheld Standard 4 (balance) – subsumed into consideration of Standard 6 Standard 1 (good taste and decency) – vox-pop was acceptable in the context of an unclassified news programme – not upheld (This headnote does not form part of the decision. ) Broadcasts [1] A report on 3 News by its political editor Duncan Garner entitled “Seeking Re-Election”, was broadcast on TV3 at 6pm on 23 October 2007....

Decisions
Hadfield and Television New Zealand Ltd - 2008-106
2008-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Game of Two Halves – included woman whipping a man’s partially bare buttocks – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) and Standard 10 (violence) – segment was distasteful and gratuitous but upholding complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] Game of Two Halves, a sports quiz show featuring two teams of various sporting personalities, screened on TV One at 9. 45pm on 1 August 2008. The teams were captained by sporting personalities Marc Ellis and Matthew Ridge. [2] At the end of the episode, the captain of the losing team had to undergo what was called the “Studio Forfeit”, in which the opposing team inflicted light-hearted punishment....

Decisions
Smith and Television New Zealand Ltd - 1997-134
1997-134

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Malatios and Television New Zealand Ltd - 1998-071
1998-071

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-071 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LAWRIE MALATIOS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Nicholls and Television New Zealand Ltd - 1999-064
1999-064

Summary The film Heat was broadcast on TV2 at 8. 30pm on 3 January 1999. Mr Nicholls complained to Television New Zealand Limited, the broadcaster, about the standard of language used in the film. He objected to the excessive use of "fuck", "fucking", and associated words, he wrote, because it led to their normalisation. He argued that the offending words could have been beeped out. The film was shown in holiday time, he said, and swear words should not be accepted on prime family time television. TVNZ responded that the film started at 8. 30pm which was adult programming time, it was clearly rated AO, indicating that it was unsuitable for children, and it was preceded by a specific warning about its violence and language. It said the warning was delivered visually and verbally....

Decisions
Walker and Television New Zealand Ltd - 1999-176
1999-176

Summary An Assignment programme broadcast on TV One at 8. 30pm on 15 July 1999 examined a theory which linked those who abused animals in their youth to violent offences in later years. The documentary included video footage of teenage boys tormenting a dog. It was explained that they had filmed the video themselves. Joanne Walker complained to Television New Zealand Ltd, the broadcaster, that she was disgusted that the programme included footage of boys subjecting a dog to torture. In her view, it violated the Code relating to the Portrayal of Violence. In addition, she noted that there had been no warning preceding the programme. TVNZ responded that the incident had been edited in such a way as to convey the cruelty inflicted on the animal while avoiding showing what actually occurred....

Decisions
Taylor and The Radio Network Ltd - 2006-122
2006-122

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – played soundtrack which conveyed the impression that a woman was having sex with a bull – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – soundtrack was gratuitous and prolonged – theme of bestiality would have offended a significant number of listeners – played when children were likely to be listening – upheld No Order This headnote does not form part of the decision. Broadcast [1] At approximately 10. 15am on Sunday 22 October 2006, the presenter of Radio Sport played an audio track containing sounds which conveyed the impression that a woman was having sex with a bull. The soundtrack lasted for 34 seconds, after which the presenter made the following comments: My god is there nothing those people won’t get up to up there....

Decisions
Ashurst and 10 Others and Television New Zealand Ltd - 2010-001
2010-001

Dated: 6 July 2010 Decision No:  2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE  of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One                                   Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...

Decisions
Sime and TVWorks Ltd - 2009-080
2009-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on MTV music awards – showed actor Sacha Baron Cohen as his character Bruno dressed as an angel and only wearing a harness – Bruno was lowered in front of musician Eminem who was sitting in the crowd – Bruno was suspended upside down so that his buttocks were in the musician’s face – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – unsupervised children unlikely to watch news programmes – item did not contain material that would have disturbed or alarmed child viewers – not upheld This headnote does not form part of the decision....

Decisions
Schwabe and Television New Zealand Ltd - 1999-163
1999-163

Summary A man who emulated the lifestyle of the fictional Austin Powers character was the subject of a news report on TV One broadcast between 6. 00–7. 00pm on 11 July 1999. In that context, reference was made to the recently released Austin Powers film "The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an offensive macho term which degraded women and was not acceptable during a family hour broadcast. TVNZ acknowledged that the word "shagged" contained strong sexual innuendo, but argued that its level of offensiveness had been considerably moderated. It noted that the word was used only once during the item and that was in the context of the film’s title. It did not consider that that single reference breached any broadcasting standards....

Decisions
Cook and The Radio Network Ltd - 2006-017
2006-017

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport Breakfast Show – host Tony Veitch talking with British correspondent Mike Bovill – good natured exchange – host called correspondent a “wanker” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – tone and other contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] The host of the Radio Sport Breakfast Show (Tony Veitch) called the British correspondent (Mike Bovill) a “wanker” during an exchange about a New Zealand soccer player playing for Blackburn Rovers. The discussion was broadcast at about 6. 45am on Monday 23 January 2006. Complaint [2] David Cook complained to The Radio Network Ltd, the broadcaster, that the use of the word “wanker” was offensive....

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