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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-122 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G L BROWN of Nelson Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary A segment in the programme Eurotrash focussed on a "pornography king" and some of his activities. Another segment focussed on a large man whose naked body was treated as a work of art and displayed in some European art galleries. The programme was broadcast on TV4 on 18 February 1999, commencing at 8. 30pm. Ms Gowardman complained to TV4 Network Ltd, the broadcaster, that in viewing the segment she was confronted with full frontal and oral sex. The two items depicted shocking and indecent behaviour, and presented young people with incorrect perspectives on adult sexual relationships, she wrote. TV4 responded that the programme was rated AO, and was preceded by a verbal and written warning. The broadcaster denied that the item contained full frontal and oral sex....

Summary An Assignment programme broadcast on TV One at 8. 30pm on 15 July 1999 examined a theory which linked those who abused animals in their youth to violent offences in later years. The documentary included video footage of teenage boys tormenting a dog. It was explained that they had filmed the video themselves. Joanne Walker complained to Television New Zealand Ltd, the broadcaster, that she was disgusted that the programme included footage of boys subjecting a dog to torture. In her view, it violated the Code relating to the Portrayal of Violence. In addition, she noted that there had been no warning preceding the programme. TVNZ responded that the incident had been edited in such a way as to convey the cruelty inflicted on the animal while avoiding showing what actually occurred....

Complaint COW AM – offensive behaviour – offensive language – questions about sex life FindingsG2 – AO – 10. 00pm – student audience – risqué but no breach – no uphold This headnote does not form part of the decision. Summary COW AM is a programme broadcast on Channel 9 Dunedin. On 16 May, two young women and a man were asked whether they had had sex on the weekend and how it rated out of 10. They were also asked what position they liked for sex. The programme was broadcast at 10. 00pm. Mr J G Donaldson complained to Channel 9 Dunedin, the broadcaster, that the programme was "disgusting and immoral". He said he had seen the same sequence broadcast the following week on 22 May at 10. 00pm, and asked whether it was a regular occurrence....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fair Go – item about a woman who hired an advocate to help her with an ACC review hearing – advocate charged $13,000 and had not completed the work in a year – woman hired a lawyer who completed the work in a month for $5,000 – studio interview with advocate – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfairFindingsStandard 1 (good taste and decency) – good taste and decency standard not relevant – not upheldStandard 4 (balance) – no controversial issue of public importance discussed – not upheld Standard 5 (accuracy) – no inaccuracies – decline to determine some matters – not upheld Standard 6 (fairness) – not unfair to Mr Nottingham or Advantage Advocacy – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved kidnap of three teenage girls – kidnapper told girls that only two of them could leave alive, and they would have to kill the third girl – intended victim struck and killed the girl who was preparing to kill her – 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 episode of Criminal Minds, a fictional drama series about the FBI’s Behavioural Analysis Unit, was broadcast at 8. 30pm on TV One on Thursday 8 November 2007. The storyline involved the abduction of three teenage girls who were held captive in a cellar....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Burying Brian – use of the word “fuck” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language would not have offended a significant number of viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a New Zealand-produced drama called Burying Brian was broadcast on TV One at 8. 30pm on Wednesday 2 July 2008. The programme followed Jodie and the efforts she and her friends made to cover up the accidental death of her husband. [2] During the episode, the main character, Jodie, drunkenly announced to her friends that she wished her husband, Brian, was dead....

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....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Goober Brothers – part of Studio 2 – inventors of “Ja-Handal” – man performing handstands – dog urinated on man’s face – allegedly offensive and not in children’s interestsFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – type of humour depicted appeals to children – not upheldThis headnote does not form part of the decision. Broadcast [1] The Goober Brothers was shown as part of the children’s programme Studio 2. It was a New Zealand-made series of two-minute items featuring mad scientists who come up with weird inventions. The “Ja-Handal”, a jandal for hands, was the invention shown on the episode broadcast on TV2 at 3. 20pm on 16 April 2004....

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

ComplaintRadio Pacific – host Bill Ralston – offensive references to Australian “brown nosing” and “bending over” for the Americans – gutter language FindingsPrinciple 1 and Guideline 1a – context – colloquial language – robust environment – no uphold This headnote does not form part of the decision. Summary [1] The attitude of one senior Australian politician to New Zealand’s approach to ANZUS was commented upon by the talkback host (Bill Ralston) on Radio Pacific at about 10. 00am on 18 March 2002. The host used the terms “brown nosing” and “bending over for the Americans” in describing the attitude of the Australian Government to ANZUS and to the United States. [2] Bob Syron complained to The RadioWorks Ltd, the broadcaster, that the expressions referred to sexual activities and were extremely offensive....

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989New Zealand’s Next Top Model – contestants posed semi-naked and covered in mud for a photo shoot – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – nudity effectively masked by mud and steam – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of the reality TV series New Zealand’s Next Top Model, broadcast on TV3 at 7. 30pm on Friday 20 August 2010, a group of young girls were filmed posing for a photo shoot, semi-naked in geothermal mud pools. [2] The footage included various shots of the girls posing for a female photographer, wearing bikinis and accessories, with their bodies covered in mud....

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....

Download a PDF of Decision No. 1991-020:Nga Kaiwhakapumau I Te Reo (Inc) and Television New Zealand Ltd - 1991-020 PDF541. 34 KB...

Summary [This summary does not form part of the decision. ]A participant on 'The Panel' during Afternoons with Jim Mora made comments about men wolf whistling at women, such as 'bring back the wolf whistle', 'a whistle is not harassment', 'a lot of women are the ones that haven't been whistled at, that have got a problem with it' and 'we are the peacocks, you guys are the ones that look at us'. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist's comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards....

Summary[This summary does not form part of the decision. ]An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle. The Authority did not uphold a complaint alleging that the item was distasteful. Taking into account contextual factors such as the adult target audience of Coast FM and that the item was a brief and straightforward report, the broadcast did not threaten current norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle....

Summary[This summary does not form part of the decision. ]A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5. 20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code)....