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Decisions
Hooker and TV3 Network Services Ltd - 2001-228
2001-228

Complaint3 News – film review segment – review of "Crooked Earth" – excerpt included expression "kiss my arse" – offensive and unsuitable for childrenFindingsStandard G2 – acceptable in context – no uphold Standard G12 – not unsuitable for children – no upholdThis headnote does not form part of the decision. Summary [1] The New Zealand film "Crooked Earth" was one of the films considered in the film review segment of 3 News broadcast on 25 August 2001. The review included a brief excerpt from the film in which one of the characters said "kiss my arse". [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that such offensive language was unacceptable at that hour and unsuitable for children. [3] In response, TV3 maintained that it was not unacceptable in the context of a film review, and declined to uphold the complaint....

Decisions
Thomson and Television New Zealand Ltd - 2009-100
2009-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covering the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court describing his attack – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – viewers would not have expected the level of explicit detail provided – item required a warning – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 13 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott. The presenters introduced the item by saying: The university tutor who killed his former student and girlfriend has given his version of what happened in her bedroom that day....

Decisions
Sharp and TVWorks Ltd - 2009-128
2009-128

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – item reported comeback of English matador – showed images of bull with banderillas protruding from its back – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – item did not contain any objectionable footage – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at Midday, broadcast on TV3 at 12pm on Tuesday 1 September 2009, reported that a 67-year-old English matador was returning to Spain to continue his career in the bull fighting ring following major knee surgery and a quadruple heart bypass. The item included footage of the man getting into costume and in the ring with a bull....

Decisions
Ross and CanWest TVWorks Ltd - 2006-029
2006-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item about the forthcoming South Park “Bloody Mary” episode – item’s introduction included references to religious and cultural beliefs and to media freedom, and showed the alcoholic drink called a “Bloody Mary” – allegedly compared menstrual blood with a cocktail in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – introduction simply a play on words – not upheldThis headnote does not form part of the decision. Broadcast [1] The debate about the forthcoming screening of the South Park “Bloody Mary” episode was dealt with in an item broadcast on TV3’s Campbell Live at 7. 00pm on 20 February 2006. The introduction began: "Tonight the Catholic Church, media freedom, South Park¸ and the episode that dare not speak its name. For our adult viewers, here's a clue. What's this vodka-based drink called?...

Decisions
Cozens and Television New Zealand Ltd - 2005-102
2005-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989Bogan’s Heroes – extreme satire about prison life – allegedly in breach of standards relating to good taste and decency and violenceFindingsStandard 1 – majority considers contextual factors sufficient to avoid a breach – not upheld Standard 10 – majority considers violence unrealistic and farcical – not upheldThis headnote does not form part of the decision. Broadcast [1] On 20 July 2005 at 11. 25pm, TV2 broadcast Bogan’s Heroes, a satire about criminals and life in prison. Complaint [2] Mr Cozens complained to Television New Zealand Ltd, the broadcaster, that the programme was tasteless and offensive. He noted that the programme was described in the Listener as an AO-rated “extreme prison based comedy”. [3] He considered that the programme was excessively violent, indecent, and extremely offensive....

Decisions
Porter and Television New Zealand Ltd - 2004-025
2004-025

ComplaintHow’s Life? – one panellist said to have encouraged people aged 13–14 years to have sex and to ignore parents and the law – complaint that comments offensive and unfair to children. Findings Panellist said questioners were responsible in seeking advice – did not encourage lawbreaking – suggested seeking parental advice – other panellists said that questioners should not have sex Standard 1 – not upheld Standard 2 – not upheld Standard 9 – not upheldThis headnote does not form part of the decision Summary [1] How’s Life? , which was broadcast each weekday on TV One at 5. 30pm and repeated at 9. 00 the following morning, featured a panel of local celebrities who answered questions about human relationships submitted by viewers. The programme broadcast at 9. 00am on 29 September 2003 considered a question from two young teenagers who asked whether they should have sex....

Decisions
Bryan and Television New Zealand Ltd - 2004-074
2004-074

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Trial by Ordeal – documentary – examined three jury trials of John Barlow charged with double murder – questioned fairness in view of the length of the process – interviewed some participants and set up mock jury to hear evidence – allegedly gratuitous murder reconstructions, offensive and unnecessarily violent, and favoured defence over prosecutionFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 4 (balance) – opposing perspectives advanced – not upheld Standard 10 (violence) and Guidelines 10b (cumulative effect) and 10f (repeated gratuitously) – reconstructions, while gruesome, were not gratuitous or repeated unnecessarily – not upheldThis headnote does not form part of the decision. Broadcast [1] Trial by Ordeal was a documentary broadcast on TV One at 9. 00pm on 12 February 2004....

Decisions
Charlton and Prime Television New Zealand Ltd - 2002-117
2002-117

ComplaintMarathon Man – film – offensive language – warning ought to have been broadcast – complaint upheld by broadcaster – action taken insufficient FindingsAction taken sufficient This headnote does not form part of the decision. Summary [1] The movie Marathon Man was broadcast on Prime at 8. 30pm on 22 May 2002. [2] Mrs M Charlton complained to Prime Television New Zealand Ltd, the broadcaster, that the movie contained offensive language, and that viewers ought to have been warned about its use. [3] Prime upheld the complaint and apologised to the complainant. It explained that appropriate staff had been reminded of Prime’s collective responsibility "with emphasis placed on not making assumptions on behalf of viewers and that warnings must be specific in nature". [4] Dissatisfied with the action taken in response to her complaint, Mrs Charlton referred her complaint to the Broadcasting Standards Authority under s....

Decisions
Francis and TV3 Network Services Ltd - 2001-115
2001-115

ComplaintFor Richer or Poorer – movie – "fuck off" – offensive language – insufficient warning FindingsStandard G2 – language not offensive in context – no uphold Standard G8 – classification and time of screening appropriate – no uphold This headnote does not form part of the decision. Summary For Richer or Poorer was broadcast on TV3 at 8. 30pm on 29 April 2001. For Richer or Poorer is a comedy movie about a rich couple who hide among the Amish to avoid pursuit by the tax department. During one scene, the wife tells her husband to "fuck off". Ken and Jackie Francis complained to the broadcaster, TV3 Network Services Ltd, that the language was offensive, and that the warning for "coarse" language which had preceded the broadcast had been insufficient....

Decisions
Lee and Television New Zealand Ltd - 2010-099
2010-099

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– teaser for upcoming item on knife crime – contained footage of carving knife and man simulating stabbing motion – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – images used to illustrate story on knife crime – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] One News, broadcast on TV One at 6. 00pm on 5 July 2010, contained a brief eight-second teaser for an upcoming item on proposed legislative changes to reduce knife crime in New Zealand. In the teaser the news reader stated: Cutting down on knife crime – tough new measures that’ll make it harder for young people to buy them over the counter....

Decisions
Harang and Television New Zealand Ltd - 2000-047
2000-047

Complaint One News – offensive behaviour – scantily-clad woman – unsuitable for children FindingsStandard G2 – brief footage – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary A charity hair dressing event was the subject of an item on One News broadcast on TV One on 6 February. The item included a brief shot of a woman dancer who was one of the entertainers at the event. Kristian Harang complained to Television New Zealand Ltd that it was offensive to show the scantily-clad woman’s "naked backside" in prime family viewing time. He considered that many children watching would have been led to believe it was normal to be naked in public. In its response, TVNZ pointed out that the woman was not naked but was wearing a thong....

Decisions
Kauie and MediaWorks Radio Ltd - 2019-085 (25 March 2020)
2019-085

A complaint that a segment on The Breakfast Club, on More FM, where the hosts made jokes and puns about a woman who died after being pecked by a rooster, breached the good taste and decency standard has not been upheld. The Authority found that, while the comments were insensitive and had the potential to cause offence to family of the deceased, the programme as a whole did not reach the threshold required to justify a restriction on the broadcaster’s right to freedom of expression. The Authority found that, considering the context of the item (including the target audience of More FM and the audience expectations surrounding The Breakfast Club and its hosts) and the tone of the item, the item did not undermine widely shared community standards and was unlikely to cause widespread undue offence or distress. Not upheld: Good taste and decency...

Decisions
Poll and Discovery NZ Ltd - 2020-175 (28 April 2021)
2020-175

The Authority has not upheld a complaint that language used in Million Dollar Listing LA breached the good taste and decency and children’s interests standards. The programme was rated G and broadcast at 2. 20pm on a Sunday. In the context, and given most of the words were censored and did not appear until the final five minutes of the 55-minute programme, overall it was unlikely to likely to cause widespread undue offence or distress, or undermine widely shared community standards. It was also unlikely to alarm or distress any children who were watching. The audible words did not go beyond what viewers would reasonably expect from the programme. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Riley and Television New Zealand Ltd - 2010-096
2010-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

Decisions
Adams and 4 Others and Television New Zealand Ltd - 2010-143
2010-143

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – 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 warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Decisions
Watson and NZME Radio Ltd - 2016-085 (15 December 2016)
2016-085

Summary[This summary does not form part of the decision. ]During Kerre McIvor & Mark Dye Afternoons, the hosts had a conversation about tipping in the United States. They discussed a story told by a talkback caller, who said that a church published a Bible pamphlet to be used instead of a monetary tip. One host, who appeared to be reading from the pamphlet, said, ‘Some things are better than money, like your eternal salvation that was bought and paid for by Jesus,’ to which the other host responded by making a vomiting sound. The Authority did not uphold a complaint that the vomiting sound made by the host was offensive to Christians and all those who hold religious beliefs. The Authority acknowledged that the host’s reaction would have caused offence to some listeners....

Decisions
McCraw and Puketapu Radio - 2017-075 (27 October 2017)
2017-075

Summary[This summary does not form part of the decision. ] The song ‘(I Wanna Be) Your Underwear’ by Bryan Adams was broadcast on Puketapu Radio at 11. 20am on 18 August 2017. The song contained lyrics such as, ‘I wanna be your lipstick when you lick it’ and ‘I wanna be your underwear’. The Authority did not uphold a complaint that the broadcast of this song was in poor taste. While it acknowledged that the lyrics were crude, the lyrics were in the nature of sexual innuendo, did not contain any explicit language and were similar to the innuendo contained in the lyrics for many rock or hard rock songs. The Authority reminded the broadcaster of its responsibilities under the Broadcasting Act 1989, particularly regarding the expectation for broadcasters to retain recordings of all broadcasts for 35 days....

Decisions
Callaghan and Mediaworks TV Ltd - 2019-058 (18 November 2019)
2019-058

The Authority did not uphold a complaint that a segment on The Project that questioned whether a ‘stolen generation’ was being created in light of an investigative report into Oranga Tamariki’s uplifting of a child breached broadcasting standards. The Authority acknowledged the sensitive nature of the issue addressed but found the item, and specifically the host’s use of the term ‘stolen generation’ was unlikely to cause widespread undue offence or distress. The Authority also found the item was unlikely to mislead viewers regarding the situation considering the nature of the programme and the presentation of alternate viewpoints on the issue. Finally, the Authority found the broadcast did not result in any unfairness to Oranga Tamariki that justified the restriction of the broadcaster’s right to freedom of expression, as its perspective was clearly presented in the short item. Not Upheld: Good Taste and Decency, Accuracy, Fairness...

Decisions
Jenkinson and Johnson and TVWorks Ltd - 2014-006
2014-006

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

Decisions
Mikkelsen and Television New Zealand Ltd - 2013-022
2013-022

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – instrumental excerpts from the song “Smack My Bitch Up” by Prodigy played in the background during item reporting on violence against women – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – broadcast not unacceptable in context and within broadcaster’s right to freedom of expression – only viewers who knew the song would have recognised it from the instrumental excerpts – use of the instrumental excerpts did not undermine the important message of the segment but drew attention to, and raised awareness of, the issue – rhythm and tone of music fitted segment – not upheld This headnote does not form part of the decision....

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