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Complaint under section 8(1)(b) of the Broadcasting Act 1989KFC Drive-by show – random prank phone call – host called the same number twice – sang a song and then suggested the man was rude for hanging up – allegedly in breach of law and order, social responsibility and fairness standards Findings Principle 2 (law and order) – no evidence that the host condoned criminal behaviour or encouraged criminal activity – not upheld Principle 5 (fairness) – unable to determine in the absence of a recording – decline to determine Principle 7 (social responsibility) – subsumed under Principle 2 This headnote does not form part of the decision. Broadcast [1] On the KFC Drive-by show between 3pm and 7pm on 27 April 2007, the host dialled a random telephone number from the phone book belonging to the “Johnson family”....

SummaryA Frontline programme broadcast on 12 September 1993 focused on the electricity pricingarrangements between Comalco (NZ) Ltd and ECNZ and raised questions about the ratescharged to domestic and large commercial consumers. Comalco (NZ) Ltd, through its solicitors, complained to Television New Zealand Ltd thatthe item lacked objectivity and left misleading and damaging impressions. In particular itobjected to the implication that Comalco's electricity was subsidised by domestic consumers,and to the suggestion that its recent pricing agreement with ECNZ was to be kept secret soas to avoid embarrassing the government in the pre-election period. Maintaining that an investigation of the pricing arrangements was in the public interest,TVNZ rejected all aspects of the complaint. It argued that the question about whether thearrangement was a subsidy or a discount was balanced by comment from Comalcoofficials and from energy analysts....

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – broadcasts unsuitable for children Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) 22 November broadcast – 6. 31am – Principle 1 – uphold (3) 22 November broadcast – 6. 39am – no uphold (4) 23 November broadcast – 6. 39am – Principle 1 – uphold (5) 26 November broadcast – 7. 40am – Principle 1 – uphold – Principle 7 and Guideline 7b – uphold (6) 27 November broadcast – 6. 35am – action taken insufficient – uphold (7) 30 November broadcast – 6. 36am – action taken insufficient – uphold (8) 6 December broadcast – 6. 19am – no uphold OrderTotal costs to the Crown in the sum of $3,000Cross-references: 2001-071–084; 2001-138–204 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]During a panel discussion on the Mike Hosking Breakfast show about the government’s funding of America’s Cup campaigners, one of the panellists said ‘fucking’. She immediately apologised for the slip-up, and the other participants rebuked her in a light-hearted manner. The broadcaster upheld the complaint and counselled the panellist. The Authority found that the action taken by the broadcaster was sufficient. It noted the comment was made during a legitimate discussion about a matter of public interest, and all of the participants acknowledged at the time that the swearing was inappropriate....

Download a PDF of Decision No. 1993-120:Moffatt-Vallance and TV3 Network Services Ltd - 1993-120 PDF383. 9 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-108 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M L BOYLE of Hamilton Broadcaster TV3 NETWORK SERVICES LTD S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

Complaint"Trial and Error" – 20/20 – David Bain murder trial – Milton Weir defamation action against Joe Karam – Weir’s admission that Bain jury was misled – inadvertent mistake – not first time admitted – unfair, unbalanced, impartial to present otherwise FindingsStandards G4 and G6 – impression given that first time mistake admitted – no evidence that mistake anything other then genuine – implication that Mr Weir might have intentionally misled jury – dramatic choice of language – interview with Assistant Commissioner of Police and reference to Police Complaints Authority’s report inadequate to provide balance/undo suggestion that mistake might have been intentional – uphold Standards G4 and G6 – aspects of complaint regarding evidential significance of mistake not a matter for the Broadcasting Standards Authority – decline to determine Standard G16 – standard concerned with the general viewing public – no uphold Standard G20 – reasonable efforts made to include Mr Weir in…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Night at the Classic – AO comedy programme broadcast at 10pm and preceded by warning, contained swearing and sexual references – allegedly in breach of standards relating to good taste and decency and responsible programmingFindingsStandard 1 (good taste and decency) – swearing and sexual material were permissible in the context of an AO comedy programme screened at 10pm and preceded by a specific warning – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision. Introduction [1] A Night at the Classic, a late-night comedy series featuring New Zealand comedians, contained swearing and sexual references. The programme was classified Adults Only (AO) and was broadcast at 10pm on 3 January 2013 on TV One....

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

Summary[This summary does not form part of the decision. ]The hosts of the Jay-Jay, Mike and Dom show interviewed an eliminated contestant from The Bachelor about her experience on the show. At the end of the item, one of the hosts introduced the new 'Bachelorette game show' titled, 'What's your cucumber number? ' The premise was for contestants to put cucumbers into their mouths and bite down. Whichever contestant could bite down the farthest along the cucumber would be the winner. The Authority did not uphold the complaint that this was demeaning to women and unsuitable for children. The broadcast was not outside audience expectations of the station and breakfast radio shows generally, and the innuendo would have gone over the heads of most children....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Two and a Half Men – promo broadcast at 2. 10pm contained sexual innuendo and the word “penis” – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – promo screened during chat show targeted at adults and in AO timeslot – contextual factors – not upheld Standard 8 (responsible programming) – host programme, while rated G, was not targeted at children and broadcast in AO time-band – sexual content was sufficiently inexplicit and promo light-hearted and humorous – not upheld Standard 9 (children’s interests) – host programme targeted at adults and broadcast during AO timeslot – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-102 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS NORMAN of Wellington Broadcaster NEW ZEALAND PUBLIC RADIO LTD J M Potter Chairperson L M Loates R McLeod A Martin...

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Summary[This summary does not form part of the decision. ]3D reported on the cervical cancer vaccine Gardasil, and the stories of several girls and their families who believed that they had suffered serious health problems after being vaccinated. It also reported on the as-yet-unexplained sudden deaths of two girls who had recently received the vaccine. The Authority did not uphold a complaint from the maker of Gardasil alleging that the programme misleadingly suggested that Gardasil was unsafe and thus deceived and disadvantaged the public when there was no evidential basis for doing so. The story was well-reported, was measured in its presentation and gave viewers a range of information, which enabled them to make up their own minds about the vaccine. The Authority emphasised the high public interest in the story and in giving a platform for minority voices to be heard....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....