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Decisions
Perrett and MediaWorks TV Ltd - 2015-092 (1 March 2016)
2015-092

Summary[This summary does not form part of the decision. ]During the course of a panel discussion on Paul Henry about cruise ships, the participants briefly talked about penis enlargement. The Authority did not uphold a complaint that this discussion was ‘vulgar’ and inappropriate for a time when children could be watching television. Paul Henry is aimed at adult viewers and the conversation, which was brief and inexplicit, did not go beyond audience expectations of the programme and its presenters. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] During the course of a panel discussion on Paul Henry about cruise ships the participants briefly talked about penis enlargement. [2] Jasmine Perrett complained that this discussion was ‘vulgar’ and inappropriate for television, especially at a time when children could be watching....

Decisions
Campbell and Radio New Zealand Ltd - 2016-069 (2 December 2016)
2016-069

Summary[This summary does not form part of the decision. ]During the All Night Programme on Radio New Zealand, the presenter used the expression ‘Thank Christ’. The Authority did not uphold a complaint that this was a ‘blasphemous expression’ which was highly offensive. The Authority followed its findings in previous decisions that expressions such as ‘Thank Christ’ are often used as exclamations and are not intended to be offensive. It was satisfied that in the context it was used by the presenter, the expression would not generally be considered to threaten current norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] During a segment on the All Night Programme, the presenter stated: I love trains, don’t you? I think it’s a shame what’s happened to some of the trains in New Zealand. Thank Christ we’ve got some left....

Decisions
Rickard and Radio New Zealand Ltd - 2009-084
2009-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with Larry Baldock about the citizens-initiated referendum on smacking – host asked the interviewee a question nine times challenging him to give an answer – host interrupted interviewee on several occasions – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – host played the role of devil’s advocate – significant points of view presented – not upheld Standard 5 (accuracy) – item did not mislead – not upheld Standard 6 (fairness) – interviewee was robustly challenged and given an adequate opportunity to express his views – not upheld Standard 7 (discrimination and denigration) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Schwabe and Radio New Zealand Ltd - 2000-166
2000-166

ComplaintNational Radio – item on Barry Crump – bugger – offensive language FindingsPrinciple 1 – context relevant – programme not targeted at children – no uphold This headnote does not form part of the decision. Summary A play which portrayed the life and times of author Barry Crump was reviewed on Country Life, broadcast on National Radio on 29 July 2000 between 7. 00–8. 00am. The item contained interviews with the play’s director, actors and playwright, and included some excerpts from the play. The word "bugger" was used by one of the play’s characters. Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the language was offensive. He said it was his understanding that broadcasters were required to maintain standards consistent with good taste and decency. The word "bugger", he said, was plainly indecent language to him and to many other people....

Decisions
Burton and TV3 Network Services Ltd - 1997-021
1997-021

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-021 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PEGGY BURTON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Christian Heritage Party and Gibson and Television New Zealand Ltd - 1996-023, 1996-024
1996-023–024

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-023 Decision No: 1996-024 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by CHRISTIAN HERITAGE PARTY and MICHAEL GIBSON of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Bancilhon and Television New Zealand Ltd - 2007-085
2007-085

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

Decisions
Valenta and Television New Zealand Ltd - 2002-154
2002-154

ComplaintM2 – "One Night in New York City" – music video – theme of drug rape – portrayal of criminal sexual activity – breach of good taste and decency Findings Standard 1 – context, including offensive language and behaviour – majority uphold Standard 2 – Guideline 2e – anti-social behaviour portrayed but not glamorised – no uphold No Order This headnote does not form part of the decision. Summary [1] A music video by the band The Horrorists, entitled "One Night in New York City", was broadcast on M2 on TV2 at approximately 4. 25am on 10 February 2002. The lyrics told the story of a 15-year-old girl who visited New York City, and went home with a man she met at a nightclub. The man gave her a pill, which she took, and then she asked him what it was....

Decisions
Werder and Television New Zealand Ltd - 1998-115, 1998-116
1998-115––116

Summary The programme Police, broadcast weekly on TV2, depicts aspects of police work, including the apprehension of criminals. Episodes broadcast on 30 April and 14 May 1998 at 8. 00pm included angry exchanges where the word "fuck" and its derivatives were used on several occasions. Mr Werder complained to Television New Zealand Ltd, the broadcaster, that the language was offensive and should not have been broadcast at a time when children were watching television. In his view, the warning preceding the programmes was inadequate and did not absolve the broadcaster of its responsibility to be mindful of children. In its response, TVNZ pointed out that Police was a documentary about actual police work. It was all too common, it noted, that police encountered abusive people who gave vent to their feelings by using foul language....

Decisions
Shelford, on behalf of Preserving Communication Standards, and Television New Zealand Ltd - 1999-032
1999-032

SummaryA repeat broadcast of the programme Who Dares Wins was broadcast on TV2 on 10 December 1998 at 7. 30pm. A Melbourne man responded to a dare to appear on stage with the male revue troupe Manpower. Ms Dawn Shelford of Rotorua complained to Television New Zealand Ltd, the broadcaster, on behalf of the group Preserving Communication Standards. In her view the broadcast was offensive, particularly during family viewing time. In its response, TVNZ noted that the programme complained about had been the subject of an earlier complaint to the Authority which had not been upheld. It advised that the arguments it advanced then remained valid. Dissatisfied with TVNZ’s decision, Ms Shelford referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint....

Decisions
Walker, Noble, Carter, Siew and Grainger and Television New Zealand Limited - 1999-180–1999-186
1999-180–186

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

Decisions
Gautier and Television New Zealand Ltd - 2006-093
2006-093

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about two young people training for the priesthood at a seminary on Ponsonby Road – reporter used phrases “big boss” and “big guy” when referring to God and said “helluva” – allegedly in breach of good taste and decency and denigratory FindingsStandard 1 (good taste and decency) – context – not upheld Standard 6 and guideline 6g (denigration) – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision....

Decisions
Smits and TV3 Network Services Ltd - 1997-176
1997-176

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-176 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Lord and SKY Network Television Ltd - 2009-137
2009-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Amazon with Bruce Parry – during the programme the presenter said “fuck” – allegedly in breach of good taste and decency and children’s interests standardsFindings Standard 1 (good taste and decency) – broadcast prior to 8. 30pm watershed – research suggests that the word “fuck” would be unacceptable to majority of New Zealanders in this context – upheldStandard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] The programme Amazon with Bruce Parry was broadcast on Prime TV at 7. 30pm on Friday 26 June 2009. It was part of a series that examined the area around the Amazon River, its people, their culture, resource extraction and environmental issues....

Decisions
Young and TVWorks Ltd - 2012-085
2012-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989South Park – animated series depicted the Queen committing suicide – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – episode used parody and satire to comment on politics – freedom of expression includes the right to satirise public figures – content acceptable during AO programme screened at 9. 30pm – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the cartoon comedy South Park was broadcast on FOUR at 9. 30pm on 21 June 2012. Towards the end of the episode, Queen Elizabeth II was depicted committing suicide by shooting herself in the mouth, following a botched terrorism attempt....

Decisions
Schwabe and Television New Zealand Ltd - 2002-065, 2002-066
2002-065–66

ComplaintOur World: The Farm that Time Forgot – Captain’s Log – commercial break in each programme included a Toyota bugger advertisement – programme presentation – offensive language FindingsSection 4(1)(a) and standard G2 – conjunction – advertisements in context – no uphold Standard G7 – no technical deception – no uphold Standards G8 and G12 – not unsuitable at 8. 40pm – no uphold This headnote does not form part of the decision. Summary [1] An episode of Our World entitled The Farm that Time Forgot was broadcast by TV One starting at 8. 05pm on Saturday 28 April 2001. During a commercial break at about 8. 40pm, a Toyota advertisement containing the word "bugger" was broadcast....

Decisions
Francis and CanWest TVWorks Ltd - 2005-039
2005-039

Complaint under section 8(1)(a) of the Broadcasting Act 1989Rove – promo – screened during Joan of Arcadia at about 8. 15pm – focused on pronunciation of “whaka” as ”far car” – allegedly offensive and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – suitable in PGR time slot – host programme rated PGR – not upheld. This headnote does not form part of the decision. Broadcast [1] A promo for Rove was broadcast on TV3 at about 8. 15pm on 20 March 2005 during the screening of Joan of Arcadia. In the promo, the host Rove McManus commented on the phonetics of the word “whaka”. He referred to a Maori phrasebook which explained that the correct pronunciation of “whaka” was “far car”....

Decisions
Wolf and The Radio Network Ltd - 2004-089
2004-089

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....

Decisions
O’Hagan and MediaWorks Radio Ltd - 2021-136 (25 January 2022)
2021-136

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

Decisions
Beaumont Bell and Radio New Zealand Ltd - 2021-050 (15 September 2021)
2021-050

The Authority has not upheld a complaint about the introduction for a piece broadcast on RNZ Concert: ‘Being a coloured man wasn’t an advantage to 19th century English composer Samuel Coleridge-Taylor. But he did, fortunately, have some influential supporters… so his music did get heard. ’ The complaint was that the description of the composer as ‘coloured’ perpetuated racism. The Authority acknowledged the complainant’s concerns and the changing nature of language over time. In this case, it found the description of the composer, in the context of the broadcast, did not encourage discrimination or denigration and was unlikely to cause offence at a level justifying restriction of the right to freedom of expression.   Not Upheld: Good Taste and Decency, Discrimination and Denigration...

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