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Decisions
Kubala and Television New Zealand Ltd - 1993-129
1993-129

Download a PDF of Decision No. 1993-129:Kubala and Television New Zealand Ltd - 1993-129 PDF269. 54 KB...

Decisions
Jelavich and MediaWorks TV Ltd - 2015-081 (28 January 2016)
2015-081

Summary[This summary does not form part of the decision. ]The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. The Authority did not uphold a complaint about this language. As the film was classified Adults Only, was preceded by a comprehensive warning and broadcast at 8. 30pm, the Authority found the broadcaster clearly informed viewers about the nature of the film and adequately considered the interests of children. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. [2] Rolfe Jelavich complained about the ‘frequent foul language’ broadcast at a time when children could be watching....

Decisions
Schwabe and Television New Zealand Ltd - 2000-067
2000-067

ComplaintOne News – offensive language – horse named Bugger me – unsuitable for children FindingsStandard G2 – newsworthy – not gratuitous – no upholdStandard G12 – no uphold This headnote does not form part of the decision. Summary A news item broadcast on One News on TV One at 6. 00pm on 21 February 2000 described the controversy in the harness racing industry which had arisen over a horse named "Bugger Me". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "bugger" was offensive and its use on television had a detrimental effect on children and society in general. TVNZ responded that in the context of a news item reporting on a controversial matter, the use of the word bugger did not breach broadcasting standards....

Decisions
Hoban and TVWorks Ltd - 2011-013
2011-013

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – interviewed Cyclone Yasi survivor – reporter stated “Jesus, what went through your mind? ” – allegedly in breach of standards relating to good taste and decency, and discrimination and denigration FindingsStandard 1 (good taste and decency) – “Jesus” used to convey exclamation of shock – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Friday 4 February 2010, reported on Cyclone Yasi in Queensland. During the item, the reporter interviewed a survivor who explained that she had been sitting on the toilet when a big tree came through the wall, to which the reporter responded, “Jesus, what went through your mind?...

Decisions
Peet and MediaWorks TV Ltd - 2015-001
2015-001

Summary [This summary does not form part of the decision. ] An item on The Paul Henry Show featured a recent Police press release about a so-called tourist who had reportedly been driving with a kayak attached width-ways to the roof of his car. The presenter commented that the man was ‘a bloody twat’ and that his actions ‘pissed him off’. The Authority did not uphold a complaint about the presenter’s choice of language and his denigration of foreign tourists. In the context of a late-night programme and the presenter’s well-known style, the language did not threaten current norms of good taste and decency and ‘foreign tourists’ are not a section of the community to which the discrimination and denigration standard applies....

Decisions
Harang and Television New Zealand Ltd - 2013-073
2013-073

Summary [This summary does not form part of the decision. ]A One News item reported on controversy surrounding a performance by female artist Miley Cyrus at the ‘2013 MTV Video Music Awards’ where she engaged in a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was offensive to broadcast during prime time family viewing. The footage was provocative and challenging, but was relevant as it illustrated for viewers why the performance had attracted worldwide publicity. Earlier coverage and the presenter’s introduction signposted the likely content and gave viewers an opportunity to exercise discretion. The item did not threaten standards of good taste and decency in the context of an unclassified news programme targeted at adults....

Decisions
Lewes and Television New Zealand Ltd - 2008-085
2008-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Decisions
Schwabe and TV3 Network Services Ltd - 2000-083
2000-083

ComplaintQueer as Folk – promo – offensive language – shagged FindingsStandard G2 – acceptable in context – no uphold Cross ReferencesDecision No: 1999-163, Decision No: 2000-056 and Decision No: 2000-075 This headnote does not form part of the decision. Summary A promo for the programme Queer as Folk was broadcast on TV4 at approximately 10pm on 23 February 2000. During the promo, the word "shag" was used twice. Paul Schwabe complained to TV3 Network Services Ltd, the broadcaster, that the word "shag" was "plainly offensive" and "akin to the ‘F’ word". In its response, TV3 said it did not consider that the average viewer would consider the word "shag" to be a swear word or an offensive term. It also noted that the promo was broadcast at 10pm within an AO programme. It declined to uphold the complaint....

Decisions
Dale and Horizon Pacific Television Ltd - 1997-017
1997-017

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-017 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A J DALE of Wellsford Broadcaster HORIZON PACIFIC TELEVISION LIMITED J M Potter 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
Guard and Radio New Zealand Ltd - 2007-100
2007-100

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Nine to Noon – item was part five of a 15-part reading of the novel “The Captive Wife” – the reading contained language of a sexual nature – 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]  On Friday 10 August 2007 at 10. 45am, Nine to Noon, broadcast on Radio New Zealand National, featured a reading from the novel “The Captive Wife” by Fiona Kidman. The novel was based on the lives of Jacky and Betty Guard, and events which took place in 19th century New Zealand. The reading was approximately 13 minutes long and was part five of a 15-part series....

Decisions
Riwai-Couch and Television New Zealand Ltd - 2006-092
2006-092

Complaint under section 8(1)(a) of the Broadcasting Act 1989Big Love – fictional series about polygamist family in America – scene showed one of the wives nearly walking in on her husband and another wife having sex in her bedroom – 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) – broadcast not during children’s normally accepted viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] Big Love was a fictional series about a polygamist businessman living with three wives in modern day Utah, America. The first two episodes of the series were broadcast consecutively on Saturday 29 July 2006 commencing at 8. 30pm on TV2....

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
Harang and Television New Zealand Ltd - 2002-189
2002-189

ComplaintStrippers – sensationalist – voyeuristic – offensive – unsuitable for children and young teenagers FindingsStandard 1, Guideline 1a – context – no uphold Standard 9, Guideline 9a – not children’s normal viewing time – no uphold This headnote does not form part of the decision. Summary [1] Strippers is a British documentary series which followed a small group of women for three months and examined female striptease. One episode was broadcast at 9. 30pm on TV2 on 10 September 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the programme contained many strip scenes and breached the standard relating to the observance of good taste and decency. The warning which preceded the broadcast, he said, would not stop children and young teenagers watching the programme....

Decisions
Riwai-Couch and Television New Zealand Ltd - 2010-053
2010-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Band of Brothers – sex scene broadcast at approximately 8. 40pm – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 9 (children’s interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults only watershed – upheld Standard 1 (good taste and decency) – programme’s content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of the mini-series Band of Brothers was broadcast on TV One at 8. 30pm on Monday 15 March 2010. The series was based on a best-selling book about a World War II United States Army airborne unit known as Easy Company....

Decisions
Adams, Godinet and Parsons and Television New Zealand Ltd - 2010-145
2010-145

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Decisions
Goodwin and Television New Zealand Ltd - 2010-116
2010-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on a police search that ended up with two officers being shot and a police dog being killed – contained interviews with a neighbour living next to the property where the incident occurred and the Commissioner of Police – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – interview with Police Commissioner was straightforward and respectful – Mr Broad and the police treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 7 (discrimination and denigration) – presenter’s behaviour and comments did not encourage the denigration of members of the New Zealand police force –…...

Decisions
Rhodes and The RadioWorks Ltd - 2000-021
2000-021

SummaryFollowing talkback host John Banks’ observations about those who supported Winston Peters in the upcoming election, a caller to Radio Pacific was told by him that she was stupid for supporting Mr Peters. The comments were alleged to have been broadcast on the morning of 19 November 1999 between 6. 00–9. 00am. Joyce Rhodes, the caller, complained to The RadioWorks (the broadcaster of Radio Pacific), that the host’s treatment of her deserved a severe reprimand and that he should be fined for his insulting and degrading observations. She also objected to having been cut off without having an opportunity to be heard. In its response, The RadioWorks apologised to Ms Rhodes for having cut her off, and emphasised that it was not its policy to do this to callers. It advised that it had addressed the matter to the programme’s producer....

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Peat and RadioWorks Ltd - 2003-027
2003-027

Complaint Radio Hauraki breakfast programme – Matthew Ridge had AAA credit rating – "Arrogant Angry Arsehole" – derogatory and offensive FindingsPrinciple 1 – context – no uphold Principle 5 – referred to named person – unfair – uphold No Order This headnote does not form part of the decision Summary [1] Former international rugby league player and current television host, Matthew Ridge, was referred to during the breakfast programme broadcast on Radio Hauraki on 26 November 2002. In view of the news report that Mr Ridge was again facing driving related charges, the hosts said that he had a new credit rating, AAA, for "Arrogant Angry Arsehole". [2] Stephen Peat complained to The RadioWorks Ltd, the broadcaster, that the comment was derogatory and the language was offensive....

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