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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 41/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WENDY SHEPHERD of Levin Broadcaster TV3 NETWORK SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 156 /95 Dated the 19th day of December 1995 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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-171 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 TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-062 Decision No: 1998-063 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by KRISTIAN HARANG of Auckland and KATE AND DAVID TURNER of Upper Hutt TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Summary On two occasions on 31 July 1998 between 9. 00-9. 30am, a caller to Hot 93FM referred to the winner of an on-air competition as "That bitch E…C…". The caller said she had helped the winner with the answers to the competition, but that the winner had refused to share the prize of a dinner for four. Station staff then made two hoax calls in a similar vein. Ms C, the winner of the competition, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy was breached by the broadcast. She also complained directly to the station that it contravened the requirement for broadcasters to observe standards of good taste and decency. She reported that she had been extremely upset by the calls....

Complaints under section 8 of the Broadcasting Act 1989Californication – programme contained swear words, discussions of sexual themes, sex scenes (including one involving violence) and implied teenage drug use – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language was legitimate for a challenging drama – sex scenes and dialogue concerning sexual themes were integral to the storyline – teenage drug use was implied – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Californication was broadcast on TV3 at 9. 30pm on 8 November 2007. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Hank was suffering from writer’s block and was struggling to raise his 12-year-old daughter, while still holding strong feelings for his ex-girlfriend, Karen, the mother of his daughter....

Summary The film "Striptease" which starred Demi Moore and Burt Reynolds was screened at 8. 30pm on TV2 on 31 January 1999. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the film, which depicted a woman with naked breasts during a striptease act, was offensive and unsuitable for younger viewers. He also claimed that the film was of no social or educational value. TVNZ advised Mr Harang that it did not consider that the broadcast had breached norms of decency and taste. The broadcaster also maintained that it had been mindful of the effect of the programme on children because it had assigned the film an AO classification and had preceded its broadcast with an explicit warning. The film, it said, had screened after the established 8. 30pm watershed. Dissatisfied with TVNZ’s decision, Mr Harang referred the complaint to the Broadcasting Standards Authority under s....

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....

ComplaintSix Feet Under – male nudity – breach of good taste and decency – broadcaster not mindful of the effect on teenagers FindingsStandard 1 – contextual matters – no uphold Standard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 April 2002 at 9. 40pm on TV One included a scene with a full frontal view of a naked man. [2] Graham Jacobsen complained to Television New Zealand Ltd, the broadcaster, that the scene was too explicit, was not excused by the broadcast of a warning, and breached standards relating to teenager’s viewing interests....

Complaint under section 8(1)(a) of the Broadcasting Act 1989"Let’s Get Retarded" by Black Eyed Peas – song – allegedly offensive – alleged discrimination against people with disabilitiesFindings Principle 1 (good taste and decency) – context – not upheld Principle 7 (discrimination) – song did not encourage discrimination – not upheldThis headnote does not form part of the decision. Broadcast [1] The song “Let’s Get Retarded” by Black Eyed Peas was broadcast on The Edge at various times between 8. 15am and 10. 12pm between 12 and 24 May 2004. Complaint [2] Gary Watts complained to The Edge about the “offensive and discriminatory” song lyrics. He commented: There is reference to epilepsy and other specific disabilities in this particular song (lyrics) which has seriously upset, offended and adversely affected many people listening to your great radio broadcasts....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Ghost Squad – scene showing a gang of teenage girls beating an off-duty police officer until he was unconscious – one of the girls was seen to urinate over the man’s head as he lay on the ground – 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 episode of Ghost Squad, a British drama series about a crime unit in which police officers policed their colleagues, was broadcast on TV One at 9. 30pm on 15 August 2006. The programme featured a scene in which a gang of teenage girls beat an off-duty police officer until he was unconscious....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Listeners’ Choice Countdown – song titled “Killing in the Name” by Rage Against the Machine – broadcast at 9. 30am – contained the lyrics “Fuck you, I won’t do what you tell me” repeated 16 times, followed by the word “motherfucker” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – song inadequately censored – excessive use of expletives would have significantly departed from audience expectations – upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 1No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Killing in the Name” by rock band Rage Against the Machine was broadcast during the Listeners’ Choice Countdown on Radio Hauraki at approximately 9. 30am on Thursday 17 February 2011....

Summary[This summary does not form part of the decision. ]An episode of the British police drama series Happy Valley depicted the murder of a police officer by one of the main characters. The Authority did not uphold the complaint that the incident and aftermath constituted 'over the top' graphic violence. The visual depiction of the violence was not gratuitous and was mostly implied or occurred off-screen. The level of violence was not unacceptable or unexpected in an AO-rated police drama series, and was justified by the narrative context. Not Upheld: Good Taste and Decency, Violence Introduction[1] An episode of the British police drama series Happy Valley depicted the murder of a police officer by main character Tommy Lee Royce. The police officer was shown being hit once by a vehicle driven by Tommy and it was implied she was then run over by the vehicle a second time....

Summary[This summary does not form part of the decision. ]An item on Seven Sharp featured a young girl who was passionate about pig hunting. The item contained footage of the girl and her father on a pig hunt, including footage of the pig bailed up by dogs, as well as the young girl holding the pig’s heart after it had been gutted, and carrying the carcass. The Authority did not uphold a complaint that the item breached the good taste and decency and children’s interests standards. The subject matter of the item was clearly signposted by the hosts, who also provided a warning about the content. Viewers and caregivers were therefore given a reasonable opportunity to exercise discretion or make a different viewing choice....

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Complaint under section 8(1C) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – on the face of it the game perpetuated racial stereotypes – however the outcome as broadcast demonstrated flaws in stereotyping – attempt at humour and satire – freedom of expression outweighed potential harm caused – contextual factors – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage the denigration of, or discrimination against, any of the groups referred to as sections of the community – guideline 7a provides exemption for humour and satire – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Coronation Street – broadcast during Breakfast – contained brief image of a woman slapping a man’s face – allegedly in breach of good taste and decency, and children’s interests standards FindingsStandard 1 (good taste and decency) – shot of woman slapping a man’s face was very brief – Breakfast was unclassified and targeted at adults – promo unobjectionable in this context – not upheld Standard 9 (children’s interests) – Breakfast was aimed at adults and any children viewing were unlikely to be doing so unsupervised – promo would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Seven Sharp – in reference to the ongoing Novopay debacle, the presenter stated, “how many of us still give a toss? ” – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – Authority declines to determine the complaint on the basis it is frivolous in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] A promo for Seven Sharp, a New Zealand current affairs and entertainment show, contained the following dialogue: Presenter 1: Happy six-month anniversary, Novopay. Look at you, you’ve been an absolute dream come true [sarcastic voice]. Presenter 2: Yes, it’s the relationship from hell for teachers and the pay system, but be honest, how many of us still give a toss?...