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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 38/95 Dated the 29th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by E A LIGHT of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson L M Loates W J Fraser...
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’....
Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a character using the phrase (according to the accompanying closed captions), ‘You’ve got no freaking idea…’ The Authority did not uphold a complaint that this phrase breached the good taste and decency standard because in the complainant’s view, the character actually said ‘f***ing’. The Authority noted that if broadcasters wish to broadcast sanitised versions of unacceptable words, then it is their responsibility to make it clear that it is not the offensive word that is being uttered, but rather a word which is distinctly aurally different. Here, where there was some uncertainty about what was said, the Authority did not uphold the complaint....
The Authority did not uphold a complaint under the good taste and decency and children’s interests standards about an item on 1 News reporting live from Wellington amid protests against increasing rates of sexual violence, which showed a protest sign in the background reading ‘Don’t fuckin’ touch me’. Although some viewers may have been surprised by this, the Authority found overall the potential harm did not outweigh freedom of expression. The Authority took into account: the high public interest in the item; the sign was partially obscured for half of the item; the word complained about was not spoken; and the broadcaster had limited editorial control over the public’s actions during a live cross to the reporter. Not Upheld: Good Taste and Decency, Children’s Interests...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Forgetting Sarah Marshall– contained three brief shots of a naked man with his genitals visible at approximately 8. 35pm – use of words “fuck” and “fucking” at about 8. 40pm – allegedly in breach of standards relating to good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – nudity was fleeting and non-sexualised – expletives were incidental and used colloquially rather than abusively – content did not amount to “strong adult material” broadcast too soon after the AO watershed – movie was classified AO and broadcast outside children’s viewing times – warning for nudity and language allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Forgetting Sarah Marshall was broadcast on TV3 at 8....
SummaryHost John Banks described parking wardens as "low lifes" in his programme on Radio Pacific broadcast on 26 August 1999 at about 8. 15am. Adele Baulch complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that as a former parking warden she found the comment objectionable. She sought a public apology from Mr Banks to all parking wardens in New Zealand. The broadcaster responded that no malice had been intended by the remark but admitted that the host’s language had been "a little strong". It apologised for distress caused to the complainant, and declined to uphold the complaint. Dissatisfied with The RadioWorks’ decision, Mrs Baulch 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. DecisionThe members of the Authority have read the correspondence which is listed in the Appendix....
ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – assessment of context required by standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits bordered on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 5 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Grant Nesdale complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He argued that television should "upgrade" values, rather than denigrate them. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It also said that television’s role was to reflect society’s values....
Summary [This summary does not form part of the decision. ] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters, including cheese ‘made of milk with human toe jam and belly button bacteria’. The Authority did not uphold the complaint that this was offensive and breached standards of good taste and decency. While some viewers would have found the subject matter unpleasant and distasteful, it did not threaten current norms of good taste and decency to an extent which breached the standard. Not Upheld: Good Taste and Decency Introduction [1] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters. Commenting on a picture of a round of cheese, one presenter said: This cheese might look delicious – like a good aged brie perhaps. Wrong....
Download a PDF of Decision No. 1992-025:Sharp and Television New Zealand Ltd - 1992-025328. 32 KB...
Summary [This summary does not form part of the decision. ]A One News item reported on controversy surrounding a performance by female artist Miley Cyrus at the ‘2013 MTV Video Music Awards’ where she engaged in a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was offensive to broadcast during prime time family viewing. The footage was provocative and challenging, but was relevant as it illustrated for viewers why the performance had attracted worldwide publicity. Earlier coverage and the presenter’s introduction signposted the likely content and gave viewers an opportunity to exercise discretion. The item did not threaten standards of good taste and decency in the context of an unclassified news programme targeted at adults....
The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-044 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
Summary A promo for the Billy T Awards was shown during This is Your Life which featured Michael Jones on 29 October 1997 beginning at 8. 30pm. The promo referred to masturbation. Mr Hay of Auckland complained to Television New Zealand Ltd, the broadcaster, that it was inappropriate to include the promo during the broadcast of a programme about a well known sportsman which would be watched by a large number of young people. He said he found it offensive and crude. TVNZ responded that it unhesitatingly agreed with Mr Hay that the promo was inappropriately placed. It explained that it was an error of judgement which had been acknowledged by the department responsible for making and scheduling of programme trailers. It apologised for causing offence. Dissatisfied with the action taken by TVNZ, My Hay referred the complaint to the Broadcasting Standards Authority under s....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-072 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HAY of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC S R Maling Chairperson L M Loates R McLeod J Withers...
Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – story explored the craze surrounding imitations of Jackass movies involving dangerous stunts and an internet site that was profiting from it – footage of stunts shown – allegedly in breach of good taste and decency and law and order standards Findings Standard 1 (good taste and decency) – shocking footage was appropriate given the focus of the programme – warning was adequate – not upheld Standard 2 (law and order) – item was a cautionary tale – did not encourage or promote, condone or glamorise criminal activity – not upheld No OrderThis headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Item on Close Up looking at the nudist lifestyle – reporter visited a nudist camp – allegedly in breach of standards relating to good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – item not harmful to children – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on Close Up on TV One at 7pm on 1 February 2005 used the occasion of the “nude Olympics” to look into the nudist lifestyle....
Complaints under s....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Audience poll on Classic Hits – discussed whether or not the listeners would be interested in watching an execution – alleged breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – no obscene language or content – context – not upheld This headnote does not form part of the decision. Broadcast [1] During a broadcast in Blenheim on Classic Hits on 9 September 2004 at 4. 30pm the announcer ran a poll asking whether or not the audience would be interested in watching an execution. [2] He introduced the segment by explaining that he had dreamt about watching an execution, and commented that there were many examples of people watching executions in the past. [3] The announcer then asked if listeners would go and watch a legal execution....