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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 89/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JEFFREY RAVEN of Wellington Broadcaster PIRATE FM of Wellington I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – footage of parade in Auckland promoting Erotica exhibition – included bare-breasted women riding as pillion passengers on motorcycles – comments both for and against the parade – allegedly in breach of good taste and decency and the interests of children FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – warning during news item – unaccompanied children unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] Footage of bare-breasted women riding as pillion passengers on motorcycles was shown in an item on One News broadcast on TV One at 6. 00pm on 23 August 2006....

SummaryThe Millennium Moment broadcast on TV One on 28 December 1999 during One News beginning at 6. 00pm included an item on nudist clubs. It reported that there were 24 nudist clubs in New Zealand with about two thousand members. Members of one such club were shown relaxing or playing sport. Kristian Harang complained to Television New Zealand Ltd that the item would have encouraged children and young people to consider nudism in public as normal when in fact only a small percentage of people were members of nudist clubs. He contended that the content was offensive and unsuitable for broadcast when children were watching television. TVNZ responded that the brief item was one of a series designed to record notable anniversaries and to reflect the diversity of life in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

Complaint3 News – film review segment – review of "Crooked Earth" – excerpt included expression "kiss my arse" – offensive and unsuitable for childrenFindingsStandard G2 – acceptable in context – no uphold Standard G12 – not unsuitable for children – no upholdThis headnote does not form part of the decision. Summary [1] The New Zealand film "Crooked Earth" was one of the films considered in the film review segment of 3 News broadcast on 25 August 2001. The review included a brief excerpt from the film in which one of the characters said "kiss my arse". [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that such offensive language was unacceptable at that hour and unsuitable for children. [3] In response, TV3 maintained that it was not unacceptable in the context of a film review, and declined to uphold the complaint....

ComplaintThe Last Boy Scout – film – "fuck" – frequent use – offensive languageFindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] The Last Boy Scout, an action movie, was broadcast on TV2 at 9. 25pm on 10 August 2002. [2] Lyall Philip complained to Television New Zealand Ltd, the broadcaster, that the language used was offensive, and that it occurred at the beginning of the movie when children might have still been up watching television. [3] In declining to uphold the complaint, TVNZ said in context the language did not breach current norms of good taste and decency, and that the film was screened outside "children’s normally accepted viewing times"....

ComplaintSpin City – offensive behaviour – homosexual activity – unsuitable for children FindingsStandard G2 – not offensive – no uphold Standard G12 – jokes involving homosexuality not intrinsically unsuitable for children – no uphold This headnote does not form part of the decision. Summary In an episode of Spin City, the main character discovered that a friend of his was gay. The programme featured the attraction between the friend and another gay man. It was broadcast on TV2 at 6. 30pm on 20 April 2001. Janice Urry complained to the broadcaster, Television New Zealand Ltd, that the broadcast included "situations of a distinctly homosexual nature" and "homosexual intercourse". She described the material as "disgusting", "degrading" and unsuitable for broadcast to children. TVNZ maintained that homosexuality was not a subject which should be forbidden when children were watching television....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Distraction – British comedy quiz show – contained conversations of a sexual nature and coarse language – 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] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 10pm on 25 January 2008. The episode included conversations of a sexual nature, which came about by the host asking questions of the four contestants and then commenting on their answers. [2] An example of one such exchange was as follows: Host: (asking one of the three female contestants) Who out of Sharon and Sue has had sex with their partner’s big toe?...

Summary[This summary does not form part of the decision. ]An episode of Cold Feet, a British comedy-drama series which followed the intertwining lives of three couples at different stages in their relationships, contained sex scenes. The Authority did not uphold a complaint that the sex scenes breached the children’s interests and good taste and decency standards. Cold Feet was not targeted at child viewers, it was classified Adults Only and broadcast during an appropriate timeband, and was preceded by a specific warning for sex scenes. The level of sexual content was not overly explicit and was justified by the episode’s narrative context. Overall the broadcaster adequately ensured child viewers could be protected from adult content, and the episode would not have offended or surprised the general viewing audience....

Download a PDF of Decision No. 1990-025:White and TV3 Network Services Ltd - 1990-025 PDF537. 29 KB...

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, presenter Mike Hosking read out a letter from a disgruntled viewer about comments he had made during an earlier episode about music group One Direction. The letter contained numerous expletives which were 'beeped' out during the broadcast. The Authority did not uphold a complaint that the 'disgusting' language was contrary to good taste and decency and children's interests. Beeping is a commonly employed broadcasting technique to mask potentially offensive language. While most viewers would have discerned what the words were, in the context of an unclassified current affairs programme targeted at adults, which is known for being humorous and at times provocative, the segment did not threaten standards....

Download a PDF of Decision No. 1993-058:Andrews and Television New Zealand Ltd - 1993-058 PDF489. 29 KB...

Warning: This decision contains content that some readers may find distressing. On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied....

The Authority did not uphold a complaint that an episode of Sunday about voluntary ‘DIY’ sperm donation in New Zealand, and in particular the complainant’s history of frequent sperm donations, breached broadcasting standards relating to privacy, fairness and accuracy. The Authority found there was a high level of public interest in discussing the risks associated with using DIY sperm donors, as well as CA’s extensive donation history in particular, which outweighed the potential harm to CA. The Authority concluded the programme did not disclose any private information about CA, and overall CA was treated fairly and was given a fair and reasonable opportunity to comment in response to allegations made about him in the programme. Doorstepping CA (approaching him on the street with cameras rolling) was not unfair in the circumstances, and he willingly engaged in a lengthy interview with the reporter....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that it was inappropriate to broadcast the song ‘Talk Dirty’ by Jason Derulo at 4pm on The Edge. The Authority noted the language complained about was censored in the song, minimising any potential offence or harm caused. Taking into account relevant contextual factors, including audience expectations of The Edge and the popularity and longevity of the song (first released in 2013), the Authority found that children’s interests were adequately considered and the song was unlikely to cause widespread undue offence. Accordingly, any restriction of the right to freedom of expression on this occasion would be unjustified. Not Upheld: Good Taste and Decency, Children’s Interests The broadcast[1] The song ‘Talk Dirty’ by Jason Derulo was broadcast at 4pm on 17 July 2018 on The Edge radio station....

Summary The promo for an edition of 60 Minutes broadcast on 6 February 1999 referred to a story about short people and raised an issue about their decision to "breed". Mr Price of Wellington complained to Television New Zealand Ltd, the broadcaster, that he was offended by the use of the word "breed" in that context, as he considered it was more appropriately used in connection with animals and plants than with people. He wrote, "People, even short ones, ‘have children’. " TVNZ did not agree that the verb "to breed" had a pejorative meaning, and pointed to the dictionary definition of the word as " to bear, to generate (offspring)". It said it found no breach of either standard G2 or G13. The item, it continued, was a very positive one, and described how the gene which caused dwarfism had been identified....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fast Times at Ridgemont High – female movie characters shown practising on carrots how to perform oral sex – allegedly in breach of good taste and decency, children’s interests and fairness FindingsStandard 9 (children’s interests) – no explicit sexual activity was shown – movie was AO and broadcast outside of children’s viewing times – warning for sexual material allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Fast Times at Ridgemont High was broadcast on C4 at 8. 30pm on Wednesday 9 December 2009. At approximately 8. 42pm, two teenage female characters in the movie were shown eating in a high school cafeteria....