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Decisions
Rae, Schaare and Turley and Television New Zealand Ltd - 2010-007
2010-007

Complaint under section 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported that a man had drowned trying to save two children – showed footage of ambulance officers performing CPR and then apologising to the man’s family because they could not revive him – showed family grieving next to the body – allegedly in breach of good taste and decency and privacy FindingsStandard 3 (privacy) – standard does not apply to deceased persons – item included prolonged and close-up footage of grieving family members – offensive intrusion into highly vulnerable and distressing moment – privacy of family members breached – upheld by majority Standard 1 (good taste and decency) – unclassified news programme aimed at adults – not upheld No Order This headnote does not form part of the decision....

Decisions
Guest and CanWest RadioWorks Ltd - 2004-217
2004-217

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – hosts commented on the name “Chris Peacock” – references to an item on KFC menu called “crispy cock” – mock advertisement containing references to oral sex – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – sustained and repetitive sexual references – likely that young people would have been listening – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] At around 7. 55am on 26 October 2004 the hosts of The Morning Madhouse on the radio station The Edge joked about a complaint they had received from a person by the name of Chris Peacock....

Decisions
Waters and TVWorks Ltd - 2010-101
2010-101

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989We Own the Night – sex scene broadcast at approximately 8. 32pm contained footage of woman with hand between her legs, couple kissing, partial nudity, man's hand down woman's pants – allegedly in breach of good taste and decency, children’s interests and responsible programming FindingsStandard 9 (children's interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults Only watershed – upheld Standard 1 (good taste and decency) – programme's content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A movie called We Own the Night was broadcast on TV3 at 8. 30pm on Saturday 29 May 2010....

Decisions
Harang and TV3 Network Services Ltd - 1999-155
1999-155

Summary A documentary about the naturist movement in New Zealand, entitled Inside New Zealand: Nude Zealand, was broadcast on TV3 on 16 June 1999, commencing at 8. 30 pm. It contained footage of naked men and women, including breasts and male genitalia. Kristian Harang complained to TV3 Network Services Limited, the broadcaster, that the broadcast portrayed nudity as normal, whereas very few people in New Zealand were nudists and many would object to nudity being screened in their homes. The numerous scenes of naked men and women, and male genitals, in family viewing time would have a detrimental effect on children and young people, he wrote. TV3 responded that the documentary was preceded by a written and verbal warning, and screened in AO time. The programme’s depiction of nudity was innocent and non-sexual, it wrote, and portrayed the naturists’ bodies matter-of-factly....

Decisions
Marshall and Television New Zealand Ltd - 2000-201
2000-201

ComplaintMusic Video – "Beautiful Day" – offensive behaviour – unsuitable for children FindingsStandard G2 – kissing shown – not offensive – no uphold Standard G12 – content acceptable – no uphold This headnote does not form part of the decision. Summary A music video was broadcast on TV One at about 8. 00am on Sunday 8 October 2000 between a religious programme and a children’s programme. The song "Beautiful Day" was sung by U2. Barry Marshall complained to Television New Zealand Ltd, the broadcaster, that the video contained "licentious behaviour" which he considered offensive. In his view, it was unsuitable for broadcast at any time, but particularly so when placed between two "quality programmes". TVNZ responded that the song’s lyrics were not unsuitable for child viewers and that the visuals of a couple kissing did not exceed community norms of decency and good taste....

Decisions
Luiten and CanWest TVWorks Ltd - 2005-063
2005-063

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Minister of Police had declined to be interviewed – host said that when Cabinet Ministers refused to front up and discuss serious issues, they would receive the “no-show pie” – animation showing a photograph of the Minister of Police with a cream pie being pushed into his face – allegedly in breach of good taste and decency, unfair and in breach of the violence standardFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – not unfair to the Minister – not upheld Standard 10 (violence) – no issue of violence – not upheldThis headnote does not form part of the decision....

Decisions
Rogerson and TVWorks Ltd - 2008-057
2008-057

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item looked at trial of prison inmate charged with taking a female prison officer hostage and sexually assaulting her – showed Crown prosecutor telling the court that the inmate had shown the officer a note which referred to oral sex and had sniffed a sanitary disposal unit – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 12 May 2008, reported on the trial of a prison inmate who was facing five charges, including kidnapping and sexual assault, after taking a female prison officer hostage. The reporter stated that he had “barricaded the door and began to talk about sex and was visibly aroused”....

Decisions
Forbes-Dawson, Popping and Wimalasena and CanWest TVWorks Ltd - 2006-109
2006-109

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 19893 News – item dealt with controversy about forthcoming Erotica Parade to be held in Auckland – included footage of bare-breasted women – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6. 00pm on 15 August 2006 dealt with controversy which had arisen after the Auckland City Council issued a permit for a parade down as part of the forthcoming Erotica Lifestyles Expo....

Decisions
Conroy and CanWest TVWorks Ltd - 2004-208
2004-208

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News segment called “The Week in Politics” – reference to Dr Don Brash (Leader of the National Party) travelling in a police convoy from Parliament to the Wellington Stadium – comment by presenter that he “could have walked, the lazy bugger eh! ” – allegedly in breach of good taste and decency and allegedly inaccurate Findings Standard 1 (good taste and decency) – word “bugger” not in breach of good taste and decency – not upheld Standard 5 (accuracy) – comment not statement of fact – accuracy standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “The Week in Politics” was included in 3 News, broadcast on 23 July 2004, at around 6. 30pm....

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
Watkins and The RadioWorks Ltd - 2001-138–204
2001-138–204

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Decisions
Carter and Television New Zealand Ltd - 2002-085
2002-085

ComplaintPromo – The Mind of the Married Man – references to anal sex – offensive language FindingsStandard 1 and guideline 1a – context – borderline – no uphold This headnote does not form part of the decision. Summary [1] An episode of The Mind of the Married Man was broadcast on TV2 at 9. 55pm on 13 February 2002. In a part of the episode during which a married couple argued about the state of their marriage, there was reference by the wife to anal sex, using terms such as "arse-fuck", "fuck me in the arse" and "deep in my arse". [2] Kerry Carter complained to Television New Zealand Ltd, the broadcaster, about the dialogue, which she considered "lewd and offensive" and "only fit for a porn video". [3] TVNZ declined to uphold the complaint....

Decisions
Harang and Television New Zealand Ltd - 2006-098
2006-098

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 1989One News – footage of parade in Auckland promoting Erotica exhibition – included bare-breasted women riding as pillion passengers on motorcycles – comments both for and against the parade – allegedly in breach of good taste and decency and the interests of children FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – warning during news item – unaccompanied children unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] Footage of bare-breasted women riding as pillion passengers on motorcycles was shown in an item on One News broadcast on TV One at 6. 00pm on 23 August 2006....

Decisions
Family First New Zealand and TVWorks Ltd - 2012-037
2012-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the Government’s asset sales policy – included excerpts from interviews with opposition MPs, including Hone Harawira who said “bullshit” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency), and Standard 9 (children’s interests) – the word “bullshit” was used by an MP to express his opinion on a controversial political issue – the comment provided information about a political response to the issue as well as providing insight into the characteristics of a political figure, and was therefore of high value in terms of freedom of expression – comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of…...

Decisions
Williams and The Radio Network Ltd - 2014-019
2014-019

Summary [This summary does not form part of the decision. ]The hosts of the Jay, Flynny and Zoe Marshall show made comments that Chihuahuas look like ‘ball bags’ and ‘a scrotum with four legs’. The Authority did not uphold the complaint that these comments breached standards of good taste and decency. They were clearly intended to be humorous, and while children could have been listening at 3. 25pm, they would not have offended most listeners taking into account relevant contextual factors, including the station’s target audience and the expectations of regular listeners. Not Upheld: Good Taste and Decency Introduction[1] During the Jay, Flynny and Zoe Marshall show, the hosts commented on a listener’s text message about their pet Chihuahua, saying, ‘[Chihuahuas] are like a little skin ball bag thing, aren’t they…? ’, and, ‘They are a scrotum with four legs, those dogs’....

Decisions
McNair and Television New Zealand Ltd - 1993-042
1993-042

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

Decisions
Baker and Television New Zealand Ltd - 1993-162
1993-162

Download a PDF of Decision No. 1993-162:Baker and Television New Zealand Ltd - 1993-162 PDF230. 63 KB...

Decisions
Simpson and TVWorks Ltd - 2009-120
2009-120

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – showed couple in bed – camera with recording light on was positioned at the end of the bed – footage briefly shown of the couple kissing – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – programme’s themes more suited to PGR but visual depiction of them inexplicit and acceptable in G programme – majority – not upheld Standard 1 (good taste and decency) and Standard 9 (children’s interests) – subsumed into consideration of Standard 8 This headnote does not form part of the decision. Broadcast [1] An episode of Home and Away, an Australian soap opera with a G rating, was broadcast on TV3 at 5. 30pm on Friday 31 July 2009....

Decisions
Airlie and TVWorks Ltd - 2008-051
2008-051

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – scenes including a human skull hitting a car windscreen, a human skeleton on a table and two characters kissing – dialogue about cannibalism – included on-screen graphics, one of which read “TV’s hottest crime scene” – allegedly in breach of good taste and decency, law and order and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – complaint related to programming content in general – decline to determine Standard 9 (children’s interests) – promo incorrectly rated G – images were fleeting and inexplicit – broadcast was during an unclassified news programme – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision....

Decisions
Imlach and The Radio Network Ltd - 2007-006
2007-006

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

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