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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-004 Decision No: 1996-005 Decision No: 1996-006 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by COMPLAINANT L of Auckland Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

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....

Summary A segment in the programme Eurotrash focussed on a "pornography king" and some of his activities. Another segment focussed on a large man whose naked body was treated as a work of art and displayed in some European art galleries. The programme was broadcast on TV4 on 18 February 1999, commencing at 8. 30pm. Ms Gowardman complained to TV4 Network Ltd, the broadcaster, that in viewing the segment she was confronted with full frontal and oral sex. The two items depicted shocking and indecent behaviour, and presented young people with incorrect perspectives on adult sexual relationships, she wrote. TV4 responded that the programme was rated AO, and was preceded by a verbal and written warning. The broadcaster denied that the item contained full frontal and oral sex....

Complaint under section 8(1C) of the Broadcasting Act 1989Bhajan Sanghra – host started a discussion about the National Party taking over from the previous Labour-led government – host believed that New Zealand's Indian community had been well supported under Labour – voiced concerns regarding what the National-led government would do to assist and support the New Zealand Indian community – encouraged listeners to text him with their concerns, which he would forward to the National Party – allegedly in breach of good taste and decency and controversial issues standards Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 4 (controversial issues – viewpoints) – did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision....

The Authority has not upheld a complaint about an item on 1 News focusing on social-media-based misinformation, which included brief footage of an unnamed individual displaying what appeared to be convulsions in a wheelchair, and other social media material featuring influencer Chantelle Baker. The complainant argued the item reflected poorly on these individuals as it implied both were ‘spreaders of misinformation’ and, in the unnamed person’s case, ‘strongly inferred’ their injuries were not vaccine-related. The Authority did not consider the item resulted in either individual being treated unfairly, in the context of the item. The remaining standards either did not apply or were not breached. Not Upheld: Fairness, Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy...

A complaint regarding a comment made by radio host Chris Lynch in relation to a news report that Whakaari was going to receive a blessing in the wake of the fatal volcanic eruption has not been upheld. The Authority found that considering the relevant contextual factors, Mr Lynch’s comment ‘because that’s going to change everything isn’t it? ’ was unlikely to cause widespread undue offence or distress. The Authority also noted that, while the comment had the potential to offend some listeners, comments will not breach the discrimination and denigration standard simply because they are critical of a particular group, because they offend people, or because they are rude. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Warning: This decision contains language that some readers may find offensive. The Authority upheld a complaint that the use of the word ‘fuck’ in an episode of the programme Eating Fried Chicken in the Shower breached the good taste and decency and children’s interests standards. While the Authority recognised the value and nature of the programme, it was not preceded by any offensive language warning which the Authority considered necessary as the language used was outside audience expectations for the programme, and the programme was aired at 7:30pm, at a time when children may be listening. Upheld: Good Taste and Decency, Children’s Interests No Order...

The Authority did not uphold a complaint that use of the term ‘wanker’ was inappropriate and offensive in breach of the good taste and decency standard. Taking into account the relevant contextual factors, the use of the term was unlikely to cause widespread undue offence, or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

Summary[This summary does not form part of the decision. ]During a 1 News Coming Up teaser, presenter Simon Dallow referred to an upcoming item on 1 News, saying: ‘Plus a warning for mums to be; research showing C-section babies face long-term health issues. ’ The full item reported on research findings from the University of Edinburgh that babies born through caesarean section were ‘far more likely to suffer from obesity and asthma’, but went on to explain that it was not the caesarean section which caused the health problems, as these could be due to the mother’s health, and further research is needed. The Authority did not uphold a complaint that the teaser was sensationalist and misleading, in breach of the accuracy standard....

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

The Authority has not upheld a complaint that a segment of Dom, Meg and Randell breached the good taste and decency and children’s interests standards. The Authority found that, while comments made on the show may have been distasteful to some, the broadcaster’s right to freedom of expression includes the right to broadcast such material provided this does not cause undue harm. The Authority found that, given the well-established nature of the programme, the station and their target audience, listeners and particularly those with children in their care had sufficient information to make an informed decision about what they listened to. The Authority noted that the standards do not prohibit inexplicit sexual references or sexual innuendo during children’s normally accepted listening times, and it was likely that many of the references during this segment would have gone over the heads of child listeners....

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers....

Summary[This summary does not form part of the decision. ]The hosts of the Jay-Jay, Mike and Dom show interviewed an eliminated contestant from The Bachelor about her experience on the show. At the end of the item, one of the hosts introduced the new 'Bachelorette game show' titled, 'What's your cucumber number? ' The premise was for contestants to put cucumbers into their mouths and bite down. Whichever contestant could bite down the farthest along the cucumber would be the winner. The Authority did not uphold the complaint that this was demeaning to women and unsuitable for children. The broadcast was not outside audience expectations of the station and breakfast radio shows generally, and the innuendo would have gone over the heads of most children....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-119 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUZANNE MORTON AND DAVID GORDON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary On two occasions on 31 July 1998 between 9. 00-9. 30am, a caller to Hot 93FM referred to the winner of an on-air competition as "That bitch E…C…". The caller said she had helped the winner with the answers to the competition, but that the winner had refused to share the prize of a dinner for four. Station staff then made two hoax calls in a similar vein. Ms C, the winner of the competition, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy was breached by the broadcast. She also complained directly to the station that it contravened the requirement for broadcasters to observe standards of good taste and decency. She reported that she had been extremely upset by the calls....

Summary A competition which invited listeners to relate how and at what age they had lost their virginity was broadcast on 91 ZM in Christchurch on 23 June 1999 at about 4. 30pm. Mr Eccleton complained to the station manager that by promoting the competition, the announcer was being irresponsible and cheap. He said he considered it to be "simply tacky" to promote the competition. When he did not have a response from the station within 20 working days, Mr Eccleton referred the matter to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. At the Authority’s request, the station responded to the complaint. First it advised that it had not received the original letter of complaint, and secondly, that when the second letter was referred to it, it had not treated the matter as a formal complaint....

ComplaintNewstalk ZB – offensive language – illegal – callous remark about shooting militia men in East Timor FindingsPrinciple 1 – flippant remark but not so offensive as to breach – no uphold Principle 2 – no uphold Principle 7 – not applicable This headnote does not form part of the decision. Summary Host Larry Williams, when listing topics for discussion on his programme, mentioned that New Zealanders had shot a militia man in East Timor, adding: "There’s plenty left to go. " This comment was broadcast during his programme on Newstalk ZB at about 4. 12pm on 27 September 2000. Mrs J K Sanders complained to The Radio Network Ltd, the broadcaster, that the host’s remark was "totally unacceptable and objectionable". In her view, the remark was contrary to the law and to standards of common decency. She requested that the station take "appropriate action" against the host....

This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....