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Decisions
Parlane and Radio New Zealand Ltd - 2018-072 (14 November 2018)
2018-072

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an interview between Checkpoint’s John Campbell and former United States television personality, Matt Lauer, who at the time was involved in controversy regarding public access to his New Zealand property. The complainant alleged that Mr Campbell unfairly emphasised the New Zealand Overseas Investment Office’s (OIO) reassessment of Mr Lauer under its ‘good character test’, and later made false allegations about who had initially raised this topic. The Authority found that the circumstances of the OIO’s assessment were directly relevant to the discussion and that this was raised again later in the interview by Mr Lauer himself. Mr Lauer was given ample opportunity during the interview to present his perspective on his treatment by New Zealand media and the issue of foreign land ownership and public access....

Decisions
Riley and TVWorks Ltd - 2010-165
2010-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – host interviewed members of New Zealand Actors’ Equity union on controversy surrounding production of the film The Hobbit in New Zealand – the host stated, “So there is not some Australian with his or her hand up your bum operating you like a puppet?...

Decisions
O'Leary and New Zealand Media Entertainment Ltd - 2020-009 (16 June 2020)
2020-009

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...

Decisions
Brownlee and Radkhou and Television New Zealand Ltd - 2011-147
2011-147

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Coronation Street – scene contained two female characters kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests and controversial issues standards FindingsStandard 1 (good taste and decency) – kissing scene was brief and innocuous – not made less acceptable by the fact the kiss was between two women – content was consistent with the programme’s G rating and not unsuitable for children – contextual factors – not upheld Standard 8 (responsible programming) – programme was correctly rated G and screened in appropriate time-band – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld Standard 4 (controversial issues) – standard only applies to news, current affairs and factual programmes – Coronation Street was a fictional drama – not upheld This headnote does not form part of the decision....

Decisions
Miller and Radio Pacific Ltd - 1993-119
1993-119

Download a PDF of Decision No. 1993-119:Miller and Radio Pacific Ltd - 1993-119 PDF437. 15 KB...

Decisions
Rothville and TV3 Network Services Ltd - 1992-066
1992-066

Download a PDF of Decision No. 1992-066:...

Decisions
Shepherd and TV3 Network Services Ltd - 2000-119
2000-119

ComplaintMost Wanted – music video – Eminem – "The Real Slim Shady" – offensive behaviour – unsuitable for childrenFindings(1) Standard G2 – acceptable in context – no uphold (2) Standard G12 – PGR classification and screening in PGR time appropriate and sufficient – no uphold This headnote does not form part of the decision. Summary The music video for the song "The Real Slim Shady" by Eminem was broadcast on Most Wanted on TV4 at 7. 00pm on 26 May 2000. J M Shepherd complained to TV3 Network Services Ltd, the broadcaster, that the video contained "images of a bare male/female backside being lowered onto the face of an individual lying on the ground". The complainant considered that this material was unsuitable for children to watch. TV3 responded that the material to which the complainant had objected was intentionally satirical, rated PGR, and intended for a teenage audience....

Decisions
Schwabe and Radio New Zealand Ltd - 2001-219
2001-219

ComplaintNational Radio – Saturday Morning programme – host referred to rock band as "miserable buggers" – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in Principle 1 Principle 1 – language did not refer to anal intercourse or bestiality – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] During the Saturday Morning programme broadcast on National Radio on 28 July 2001, the host described a rock band as the most "miserable buggers" he had ever seen. [2] Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the word "bugger" was contrary to good taste and decency. [3] Declining to uphold the complaint, RNZ noted that the Authority's research showed that almost three-quarters of those interviewed considered the word "bugger" to be acceptable....

Decisions
Kempson and Television New Zealand Ltd - 1994-020
1994-020

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 20/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C M KEMPSON of Waikanae Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Drake and The Radio Network Ltd - 1998-013
1998-013

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-013 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAHAM DRAKE of Rotorua Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hutchings and Television New Zealand Ltd - 1999-021
1999-021

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

Decisions
Schwabe and Television New Zealand Ltd - 2000-156
2000-156

ComplaintStrassman – ventriloquist – offensive language – fuck – wank – blasphemyFindingsStandard G2 – AO – warning – context relevant – no uphold Cross ReferenceDecision No: 2000-137 This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 18 July 2000 used the word "fuck" and its derivatives when in conversation with his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In particular he said he was offended by the use of the word "fuck", which he said was a macho term which unashamedly denigrated women and instilled an "antisocial and dangerous attitude towards women". As he had received no response from TVNZ, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Hewens and Radio New Zealand Ltd - 2006-114
2006-114

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – media commentator referred to article in Investigate magazine which raised questions about the sexuality of a public figure – commentator said the named public figure was not a “poof” – allegedly in breach of good taste and decency and denigrated homosexuals FindingsPrinciple 1 (good taste and decency) – subsumed under Principle 7 – denigration of homosexuals was essence of the complaint – not upheld Principle 7 and guideline 7a (denigration) – high threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] Media commentator Phil Wallington reviewed the media on National Radio’s Nine to Noon each week during 2006. On 19 September 2006, he was highly critical of the manner in which the magazine Investigate had raised the issue of the sexuality of a public figure....

Decisions
Rodley and Television New Zealand Ltd - 2002-182
2002-182

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 July 2002 at 9. 35pm on TV One included a scene of two males having sex. [2] N N Rodley complained to Television New Zealand Ltd, the broadcaster, that the scene was too graphic, and that he had "never seen two males copulating on TV. " [3] In declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Rodley referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Foster and Television New Zealand Ltd - 2001-063
2001-063

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Decisions
Williams and CanWest Radio NZ Ltd - 2002-052
2002-052

ComplaintChannel Z – competition about method of waking up another person – broadcast of male competitor who apparently woke female flatmate with her vibrator – serious criminal offence – offensive behaviourFindingsPrinciple 1 – offensive behaviour described – telephone call recorded – tape reviewed and approved for broadcast – serious error of judgment – upholdOrderBroadcast of approved statement Costs of $2,000 to CrownThis headnote does not form part of the decision. Summary[1] Novel ways of waking a person up were the subject of a competition run on Channel Z. At about 7. 30am on 14 December 2001, Channel Z broadcast a tape of a male competitor waking up a female flatmate in her bedroom by using her vibrator. The broadcast included her invective directed at the competitor when she awoke....

Decisions
Fourie and Television New Zealand Ltd - 2012-002
2012-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Embarrassing Bodies – episode focusing on vaginas broadcast at 8. 30pm – close-up shots of women’s vaginas and surgical operations – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – programme had educational value – clear pre-broadcast warning for nudity and medical scenes – nudity was non-sexual and matter-of-fact – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and preceded by adequate warning – not upheld Standard 9 (children’s interests) – clear warning and signposting of likely content gave parents an opportunity to exercise discretion – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Newfield and MediaWorks TV Ltd - 2016-093 (17 March 2017)
2016-093

Summary[This summary does not form part of the decision. ]An item on Story discussed the accountability of judges in New Zealand. The item referenced a number of high profile criminal judgments by a named District Court Judge that were overturned on appeal, and included a comparison between New Zealand, Switzerland and the United States on the appointment, term and removal of judges. The Authority did not uphold a complaint that this item placed undue emphasis on the decisions of the featured Judge, failed to contrast New Zealand with comparable jurisdictions, failed to cover key information about the judicial complaints service and featured an offensive gesture. The media play an important role in raising issues, such as alleged poor performance of judges, which have an impact on our communities, and this item was in the public interest....

Decisions
Keam and Television New Zealand Ltd - 2017-090 (15 December 2017)
2017-090

Summary [This summary does not form part of the decision. ]During the 1 News Vote 17 Leaders Debate, moderator Mike Hosking questioned Bill English about a damaged fuel pipeline in Auckland that caused disruption to flight services, using the phrase ‘for God’s sake’. The Authority did not uphold a complaint that Mr Hosking’s use of this phrase was blasphemous and offensive. The Authority has consistently found that variations of ‘God’, ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations and in this case, Mr Hosking used the phrase to express his own, and voters’, frustration at the Government’s management of the fuel crisis. In these circumstances, the Authority found that the alleged harm did not outweigh the important right to freedom of expression, particularly in the lead up to a general election....

Decisions
Hall & Large and Television New Zealand Ltd - 2018-061 (10 October 2018)
2018-061

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....

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