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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-023 Decision No: 1998-024 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J of Palmerston North Broadcaster 92. 2XS (Palmerston North) S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An item on Breakfast broadcast on TV One at about 7. 40 am on 9 July 1998 reviewed the contents of leading women’s magazines published during that week. A studio guest referred to Paula Yates, who was featured in a magazine, and commented that Yates was known largely "for shagging the famous". Mr Yoxall complained to Television New Zealand Limited, the broadcaster, that the remark was vulgar, and an unacceptable breach of good taste and decency. TVNZ responded that the context of the remark was that the live studio broadcast was as tabloid as the magazines it reviewed. The comment was the guest’s genuinely-held opinion, and reflected a widely-held view of Yates. It was delivered in a light-hearted, laconic manner and, although unfortunate in view of Yates’ apparent attempted suicide, did not breach the standard, TVNZ wrote....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix news – report stated that Christchurch man had pleaded guilty to murdering his wife and neighbour and to having sexual intercourse with his victims’ bodies after strangling them – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the case were widely reported – standard does not apply to certain groups of people or individuals – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news report was broadcast on Easy Mix radio station at 2pm on Monday 9 November 2009. The news reader said: In this update, the Christchurch man who’s admitted to killing two women and burying them under his house will be sentenced at the end of the month....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....

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....

Summary[This summary does not form part of the decision. ]An episode of the British cartoon, Grizzly Tales, which was classified G (General), featured a young girl called Victoria Spew who threw tantrums until she vomited to get her way. At the end of the episode, Victoria was sucked into the vacuum cleaner her mother had bought to clean up after her. The cartoon showed Victoria’s teeth being pulled from her gums, and organs and body parts falling into the bag. The episode ended with Victoria’s body parts trapped in the vacuum cleaner. The Authority upheld a complaint that this episode of Grizzly Tales was unsuitable for young children. The programme was classified G and so was required to be suitable for all children under the age of 14....

ComplaintThe Lions: Up Close and Personal – documentary series following The Lions’ 2001 rugby tour of Australia – team members filmed off field, on sideline, in dressing room – use of language including "bugger" and "fuck" – breach of good taste and decency FindingsS. 4(1)(a) – language acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] The Lions: Up Close and Personal was a four-part documentary series which followed The Lions representative rugby team during its 10-match tour of Australia in 2001. It was broadcast on Prime Television during November and December 2001. [2] Paul Schwabe complained to Prime Television New Zealand Ltd, the broadcaster, that the use of language including "bugger" and "fuck" during the episode broadcast on 18 November 2001 at 8. 35pm was contrary to good taste and decency....

ComplaintOne News – collapse of floor during wedding celebration in Jerusalem – amateur footage of moment of collapse – gratuitous and sensationalist – breach of good taste and decency FindingsStandard G2 – footage a legitimate part of news item – not especially graphic – no uphold Standard V12 – action taken by broadcaster sufficient – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 26 May 2001 reported on a civil disaster in Israel, in which the floor of a building in Jerusalem had collapsed during a wedding party, killing 30 people and injuring hundreds more. The item featured amateur video footage from the wedding celebration, including the moment the floor collapsed. J Carapiet complained to Television New Zealand Ltd, the broadcaster, that the broadcast breached standards of good taste and decency....

Complaint under s. 8(1)(b) of the Broadcasting Act 1989 "Threat" by hip hop artist Jay-Z – lyrics include references to “niggers”, “shit” and “fuck” – alleged breach of good taste and decencyFindings Principle 1 (good taste and decency) and Guideline 1a – broadcaster removed song from play list – tantamount to acknowledgement that song breached standards – action taken sufficient – decline to determine standards complaintThis headnote does not form part of the decision. Broadcast [1] The song Threat by hip hop artist Jay-Z was broadcast on Radio Active 89FM at around 9. 10am on Tuesday 17 February 2004. Complaint [2] Michael O’Callaghan complained to Radio Active Ltd, the broadcaster, that he had heard a song broadcast at around 9. 10am which contained “the most explicit, disgusting and inappropriate obscene lyrics I have ever heard on public radio”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT – hosts interviewed the Prime Minister by telephone – one host joked that they were doing a phone interview because the Prime Minister used to suffer from polio and could not travel to the studio – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comments obtuse and clumsy – attempt at humour – comments intended to rib Prime Minister and did not extend to all people who suffered from polio or immobility – within broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] During the Willie and JT programme, broadcast on Radio Live on the afternoon of 8 February 2011, the hosts Willie and JT discussed an imminent telephone interview with the Prime Minister John Key....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-011 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by YVONNE LENNON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-085 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster 95 bFM (AUCKLAND) J M Potter Chairperson L M Loates R McLeod A Martin...

Tapu Misa declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade in Wellington – contained footage of bare-breasted women – allegedly in breach of good taste and decency, programme classification and children’s interestsFindings Standard 1 (good taste and decency) – footage of bare breasts was not salacious – contextual factors – not upheldStandard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheldStandard 7 (programme classification) – standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on 3 News, broadcast on TV3 at 6pm on 7 November 2008, reported on the "Boobs on Bikes" parade promoting the Erotica exhibition that took place in Wellington....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on the effects the recession was having on the adult entertainment industry – contained footage from “Boobs on Bikes” parade – included footage of a male stripper, a topless woman covered in body paint and three women dancing provocatively with one another – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – majority – footage of male stripper and women dancing provocatively was marginal – contextual factors – not upheld Standard 9 (children’s interests) – majority – item’s introduction gave adequate warning to parents and caregivers to exercise discretion – upholding the complaint would be an unjustified limitation on the broadcaster’s freedom of expression – not upheld This headnote does not form part of the decision....

Summary A representative of the Airline Pilots’ Association was interviewed on Holmes, broadcast at 7. 00pm on TV One on 2 September 1999, in connection with a strike by Ansett pilots. Mr Geddes complained to Television New Zealand Ltd, the broadcaster, that the interview was biased, unbalanced and actively denigrated pilots involved in the dispute. He said he was appalled at the rudeness of the interviewer and his unprofessional, discourteous behaviour. TVNZ conceded that the interview could be described as "robust" but did not agree that it was rude or biased. The pilots’ representative was given full opportunity to respond on their behalf, it argued. It explained that, as management had declined to appear, balance was achieved by the presenter adopting a "devil’s advocate" position in order to prevent the item from becoming a chronicle of viewpoints from the Pilots’ Association....

Warning: This decision contains language that some readers may find offensive. The Authority has not upheld a complaint that the language used in two episodes of The Hotel Inspector, breached the good taste and decency and children’s interests standards. In this context, the language used would not have caused audiences undue offence or harm and it was not beyond what viewers would reasonably expect from the programme. The programme was adequately signposted to enable audiences to protect children. Not Upheld: Good Taste and Decency and Children’s Interests...