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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-120 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RACHEL MEDUSA of Dunedin Broadcaster RADIO ONE 91 FM Dunedin S R Maling Chairperson L M Loates R McLeod A Martin...

SummarySome highlights from mid-week programmes were played on 91. 9FM Napier on 15 November 1998, a Sunday afternoon. One extract contained the following exchange: "I work for Cunard", to which the reply was "I work fuckin’ ’ard too, but I still can’t afford a car like that! "Mr Leitch complained to the station that the extract was highly offensive. Not only was the extract broadcast live at some time during the week when there might have been an excuse that it "slipped through", he said, but it was repeated as something the broadcaster was proud of. The station responded that Mr Leitch’s comments had been duly noted and acted upon. It offered its apologies for any distress the broadcast might have caused him. Dissatisfied with the decision, Mr Leitch referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

The Broadcasting Standards Authority has not upheld a complaint that a clip from Family Guy, featured in a promo montage for upcoming programmes on TVNZ, breached the good taste and decency standard. The clip showed Peter Griffin, a male cartoon character, sitting on a chair and opening his legs to show his genitals (which were pixelated). The Authority found that, given the time of the broadcast was after 9pm, the fact that Family Guy is a cartoon comedy and that the scene was brief, the promo was not outside audience expectations and did not undermine current norms of good taste and decency. The Authority therefore found any restriction on the right to freedom of expression would be unjustified. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....

The Authority has not upheld a complaint about a promo for Checkpoint, broadcast after the 8am news on 11 May 2021, which included soundbites, showcasing the previous day’s news, concerning a supermarket stabbing in Dunedin. The complaint alleged the promo sensationalised news that was no longer current, suggesting another stabbing had occurred, and unnecessarily repeated scenes of violence when affected families were still suffering and children were likely to be listening. In its context, the Authority found the promo content was not likely to cause widespread undue offence or distress and did not breach the children’s interests standard. The programme information, violence and balance standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Programme Information, Children’s Interests, Violence, Balance...

The Authority has not upheld a good taste and decency complaint that the treatment of a clip showing a ‘devastating’ explosion in Lebanon was inappropriate in a segment rounding up ‘all the crazy, messed-up oddities’ of the week. The context and the importance of freedom of expression meant there was no harm justifying regulatory intervention in the circumstances. Not Upheld: Good Taste and Decency; Discrimination and Denigration...

Summary[This summary does not form part of the decision. ] During a segment on Jay-Jay, Dom & Randell, the show’s hosts asked callers to submit a ‘corny joke’. A caller submitted the following joke: ‘What’s the hardest part about cooking a vegetable? Trying to fit the wheelchair in the pot. ’ Before the caller delivered the punchline, one of the hosts (who believed he knew the joke), asked his co-hosts to switch off their microphones so they could discuss it. The hosts also spoke to their producer, asking whether it was appropriate to air the punchline to the joke. After some deliberation, they decided to allow the joke to be broadcast. The hosts reacted to the punchline by saying, ‘No! No! That’s a terrible joke! ’ and ‘That’s not a joke! ’ The Authority did not uphold a complaint that the segment was in poor taste and discriminatory....

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

Download a PDF of Decision No. 1992-089:Smith and Television New Zealand Ltd - 1992-089 PDF263. 7 KB...

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Complaint under section 8(1)(a) of the Broadcasting Act 1989This Way Up – host interviewed correspondent about an Irish pub which had been burned to the ground twice allegedly by local mafia in Sicily – host laughed occasionally while asking questions – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – awkward laughter did not threaten standards of good taste and decency in the context of an entertainment programme – not upheld This headnote does not form part of the decision. Broadcast [1] On Radio New Zealand National’s This Way Up programme on the afternoon of Saturday 3 March 2007 the host, Simon Morton, interviewed a correspondent in Rome. The correspondent told the story of an Irish pub in Sicily – owned by Italian and Irish men – that had refused to pay the local mafia “protection money”....

ComplaintPromo – 60 Minutes – "pissed off" – offensive language – incorrect classification – broadcaster not mindful of the effects of broadcast on children – broadcaster not mindful of explicit material in promo FindingsStandard G2 – context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for 60 Minutes was broadcast on TV One at 6. 50pm on 10 November 2001. The promo was for an item on Dean Barker, New Zealand’s America’s Cup skipper. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about Mr Barker’s use in the promo of the phrase "pissed off". [3] TVNZ declined to uphold the complaint....

ComplaintRadio Pacific – Morning Grill – offensive remarks about the Queen FindingsPrinciple 1 – contextual matters – no uphold Principle 7 – no denigration or discrimination – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] On the Morning Grill programme broadcast by Radio Pacific on 2 August 2002 at approximately 6. 04am, the presenters (Pam Corkery and Paul Henry) discussed the Queen’s recent visit to a mosque in Britain. The presenters focused on the fact that entry into the mosque required the Queen to remove her shoes. [2] H B McMeekin complained to The RadioWorks Ltd, the broadcaster, that the presenters’ comments were "insulting, gratuitous, and ageist". [3] In declining to uphold the complaint, the broadcaster submitted that the comments complained about were "lighthearted and were not intended to be offensive....

ComplaintThe $20 Challenge – four participants challenged to live in Paris on $20 a day – one participant’s use of "bugger" and "shit" – offensive language FindingsG2 – language acceptable in context – no uphold This headnote does not form part of the decision. Summary The $20 Challenge, broadcast on TV2 on 19 February 2001 at 7. 30pm, featured four young New Zealanders challenged to survive in Paris on just $20 for three days. The group was set a number of assignments, including talking part in a skate-athon, selling produce at a local market, and getting work in the kitchen of a leading restaurant. They also had to arrange their own accommodation. Harold White complained to Television New Zealand Ltd, the broadcaster, about the language used by one of the participants in the challenge....

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint about an episode of Paramedics, which twice played footage of a young man suffering an allergic reaction exclaiming ‘Fuck, I can’t breathe’, with the audio censored so the word was partially silenced, and the subtitles uncensored. The episode aired during an M classification time band, at 7. 30pm, and was preceded by a warning which stated ‘This programme is rated M. It contains coarse language. ’ The ‘ML’ rating was also broadcast after each advertisement break, with the ‘L’ advisory symbol indicating ‘language may offend’. In the context, the language used would not have caused widespread undue offence or distress, and was not beyond what viewers would have reasonably expected from the programme. Not Upheld: Good Taste and Decency...

Summary[This summary does not form part of the decision. ]A campaign clip for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast on 10 September 2017 on Māori Television. The clip featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s flora, fauna and waterways, accompanied by footage of animal carcasses and 1080 baits in water. The Authority did not uphold a complaint that the election programme was misleading and breached the Election Programmes Code and the Free-To-Air Television Code. The Authority found that the election programme did not contain statements of fact that were misleading, inaccurate, or indistinguishable from opinion. The claims made within the context of the broadcast were statements of political advocacy and opinion, made for the purpose of encouraging voters to vote for the Ban 1080 Party....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Summary [This summary does not form part of the decision. ]During a late night talkback programme with a fill-in host, a caller expressed her attitude to the Royal family by reference to what she described as ‘Charles raping Diana’. The host challenged this and asked her what she meant. She spoke about how the Queen ‘devised the “three in the bed” scenario’ and how she felt sorry for Diana. The Authority did not uphold the complaint that the reference to rape was unacceptable and the host should have terminated the call. It appeared the caller did not mean ‘rape’ in the literal sense, the conversation was not unduly offensive in the context of a late night talkback programme, and the host acted responsibly by asking the caller to clarify her point....