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Crafts and Milne and TV3 Network Services Ltd - 1996-056, 1996-057
1996-056–057

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-056 Decision No: 1996-057 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by FRANK CRAFTS of Te Puke and G H MILNE of Wainuiomata Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Boyce and Discovery NZ Ltd - 2021-144 (16 February 2022)
2021-144

The Authority has not upheld a complaint about a report regarding a heckler at a press conference by Prime Minister Jacinda Ardern, as the balance standard did not apply. It also found a report featuring footage of beach handball players’ uniforms did not breach the good taste and decency standard as the clip was not likely to undermine current norms of good taste and decency and the footage was justified in context. Not Upheld: Balance, Good Taste and Decency...

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Harrison and Television New Zealand Ltd - 2008-066
2008-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Ugly Betty promo – classified G – contained sexual themes – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – content of promo required a higher classification of PGR – promo should not have screened during a G-rated programme – upheld Standard 9 (children’s interests) – content of promo was more suitable for a mature audience – should not have been broadcast during a G programme children were likely to be watching – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 No Order This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Ugly Betty was broadcast on TV2 at 7....

Decisions
Cook and Television New Zealand Ltd - 2008-021
2008-021

Complaint under section 8(1C)(C)(i) of the Broadcasting Act 1989One News – reference to China as “the godless state” – allegedly in breach of good taste and decency, balance and accuracy standards Findings Standard 1 (good taste and decency) – “godless” used in this context to mean “without a god”, not “wicked” – not upheld Standard 4 (balance) – item did not constitute a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – use of the word “godless” to mean “without a god” did not jeopardise editorial independence – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, made by the BBC, was broadcast at 6pm on 25 December 2007....

Decisions
Burton and SKY Network Television Ltd - 2016-046 (22 August 2016)
2016-046

Summary[This summary does not form part of the decision. ]An episode of a documentary series Shocking Lives, titled The Grandmother Lovers, explored relationships between younger men and older women. It contained sexual content and nudity. The Authority did not uphold a complaint that the documentary breached the good taste and decency standard. The documentary did not contain overly explicit or graphic material. Sexual activity was largely implied, and the programme featured only limited nudity. The broadcaster took sufficient steps to inform viewers about the content of the programme, which was classified AO, broadcast at 9. 30pm and preceded by a warning for sexual content and nudity. The documentary focused on relationships between consenting adults and in the context of the broadcast this did not undermine general community standards of good taste and decency....

Decisions
Te Kani-Green and Television New Zealand Ltd - 2012-057
2012-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on, and interviewed, young Māori activist who expressed his views on the Government’s sale of state assets and mining proposals – presentation of item allegedly in breach of good taste and decency, controversial issues, and discrimination and denigration standardsFindingsStandard 7 (discrimination and denigration) – views expressed by Wikatane Popata represented one end of a political spectrum – his views were described as radical and audience would have understood that they were not representative of all Māori or young Māori – item did not encourage the denigration of, or discrimination against, any section of the community – not upheld Standard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on the Popata brothers and their political views – reporter took “devil’s advocate” approach and programme included viewer feedback – not upheld Standard 1…...

Decisions
Campbell and Radio New Zealand Ltd -2019-077 (18 February 2020)
2019-077

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...

Decisions
Foxley and Radmass 99.4FM - 1993-145
1993-145

Download a PDF of Decision No. 1993-145:Foxley and Radmass 99. 4FM - 1993-145 PDF474. 55 KB...

Decisions
Curran and NZME Radio Ltd - 2021-165 (11 April 2022)
2021-165

At the beginning of the Weekend Sport programme on Newstalk ZB, host Miles Davis referred to the ‘gridlock’ protest regarding COVID-19 restrictions. Davis said he had a message for the protestors, critiquing their form of protest and expressing what he would do if the protest blocked Davis on the road, including they would gain ‘a tyre iron’ through their windows followed up with some ‘football hooliganism’. The complainant stated this portion of the programme breached the good taste and decency, violence, and law and order standards as it incited violence. The majority of the Authority declined to uphold the complaint, finding the comments, on balance, constituted satire and humour and did not reach a threshold justifying regulatory intervention. The minority found the comments were likely to incite violence and breached all standards raised. Not Upheld by Majority: Good Taste and Decency, Law and Order, Violence...

Decisions
Bracey and Ee and Television New Zealand Ltd - 2013-084
2013-084

Summary [This summary does not form part of the decision. ] A One News item reporting on Family Planning’s call for sex education in schools for younger children, included brief footage of Miley Cyrus’ performance at the 2013 MTV Video Music Awards. Consistent with two previous decisions, the Authority did not uphold complaints that the footage was inappropriate to show during the news. Given recent widespread publicity of the performance, it was a relevant example of the kind of sexualised images Family Planning was concerned younger audiences were being exposed to. Unclassified news programmes often contain material unsuitable for children and some adult supervision is expected. Not Upheld: Good Taste and Decency, Children’s Interests, Controversial Issues Introduction [1] An item on One News reported on Family Planning’s call for sex education in schools for younger children....

Decisions
Swatch and Radio Virsa - 2020-012 / 2020-059 (31 March 2021)
2020-012 / 2020-059

The Authority declined to determine two complaints as they did not raise any issues of broadcasting standards that warrant a determination. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy...

Decisions
Pascoe and TV3 Network Services Ltd - 1998-070
1998-070

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-070 Dated the 25th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WARWICK PASCOE of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Standen and TV3 Network Services Ltd - 1998-171
1998-171

SummaryA film called The Cowboy Way, broadcast by TV3 Network Services Ltd, on 23 September at 8. 30pm, featured actors Woody Harrelson and Kiefer Sutherland as two cowboys who travelled to New York to find the killer of their friend. Mr Standen complained to TV3 that a scene in the film depicted a calf being prepared by the cowboys to suckle on a man’s penis as a form of torture. He claimed the scene was depraved and pornographic, and should not have been broadcast. In describing the film, TV3 stated that the two central characters, while trying to find their friend’s killer, used methods they had learned as cowboys to survive in the city and elicit information about the killing. It maintained that the "suckling calf torture" scene was intended to be humorous and was not pornographic....

Decisions
Lee and TV3 Network Services Ltd - 1995-160
1995-160

THE BROADCASTING STANDARDS AUTHORITY Decision No: 160/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALICIA LEE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Gale and Television New Zealand Ltd - 1997-064
1997-064

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-064 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD GALE of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Ball and Television New Zealand Ltd - 2016-074 (15 December 2016)
2016-074

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....

Decisions
Smith and NZME Radio Ltd - 2017-042 (4 September 2017)
2017-042

Paula Rose declared a conflict of interest and did not participate in the Authority's determination of this complaint. Summary [This summary does not form part of the decision. ] A panel segment during Larry Williams Drive discussed a recent High Court action brought by Phillip Smith against the Department of Corrections (Corrections), in which Mr Smith argued that his freedom of expression had been breached by Corrections staff preventing him from wearing his toupee. At the conclusion of the panel discussion, Mr Williams stated: ‘I say Janet, solitary confinement 24/7, dark room, with his toupee, with a little bit of waterboarding just to make it interesting’. The other panellists laughed, with one commenting, ‘You’re a hard man, Larry’....

Decisions
McGregor and Triangle Television Ltd - 2012-021
2012-021

Complaint under section 8(1C) of the Broadcasting Act 1989Bomber’s Blog – presenter Martyn “Bomber” Bradbury used the word “fucking” and the words “Oh fuck” were displayed onscreen – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – political commentary and satire are important forms of speech – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] During an episode of Bomber’s Blog, broadcast on Triangle TV at 9. 45pm on 7 December 2011, the presenter Martyn “Bomber” Bradbury, while reviewing the week’s political news, referred to “John fucking Banks”. He also ran a segment “Wank o’ the Week” in which a graphic stating “Oh fuck” was displayed onscreen. The programme was preceded by the following graphic: Caution: High explosives. The content of the following programme may not reflect the views and opinions of Triangle Stratos....

Decisions
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

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