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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-060 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND COMMITTEE FOR SCIENTIFIC INVESTIGATION OF CLAIMS OF THE PARANORMAL INC. of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED Members: L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Ip Man – movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times – contained violence – allegedly in breach of good taste and decency, controversial issues, discrimination and denigration, responsible programming, children’s interests and violence standards Findings Standard 8 (responsible programming) – broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times – upheld  Standard 9 (children’s interests) – broadcaster did not adequately consider children’s interests by incorrectly classifying the movie and screening it outside of AO time – upheld Standard 10 (violence) – while there was some violent behaviour it was not excessive and was consistent with expectations of a martial arts film – however inappropriate classification and timeslots meant broadcaster did not exercise…...

Summary [This summary does not form part of the decision. ]During Canterbury Mornings with Chris Lynch, the host expressed frustration with the length of time it had taken police to decide whether to proceed with criminal investigations in relation to the collapse of the CTV building in the Christchurch earthquake. He said, ‘for Christ’s sake, police, you can do better than this’. The Authority did not uphold the complaint that the use of the word ‘Christ’ breached standards. The use of ‘Christ’ as an exclamation to express surprise or dismay has become an accepted part of colloquial speech and would not have offended most listeners. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During Canterbury Mornings with Chris Lynch, the host discussed the progress of an investigation into the collapse of the CTV building in the February 2012 Christchurch earthquake....

Summary [This summary does not form part of the decision. ]The Authority declined to uphold a complaint that a number of cooking and fishing programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. Killing and preparing animals to eat is a fact of life, and the complaint was based primarily on personal preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about a number of cooking and fishing shows aired on Choice TV. Ms Feral argued that these programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. As examples, Ms Feral referred to footage of live oysters being eaten and catch-and-release fishing, both of which she alleged to be barbaric and cruel....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on death of Osama Bin Laden – included image of bruised and bloodied face – allegedly in breach of standards relating to good taste and decency, controversial issues, responsible programming, children’s interests and violence FindingsStandard 1 (good taste and decency) – image related to major international event – clear warning given – contextual factors – not upheld Standard 10 (violence) – contextual factors – image preceded by prolonged and detailed warning – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 9 (children’s interests) – 3 News was an unclassified news programme targeted at adults – news often deals with unpleasant material – clear warning – broadcaster adequately considered children’s interests – not upheld Standard 8 (responsible programming) – 3 News was an unclassified news programme – standard not applicable – not…...

Summary [This summary does not form part of the decision]A ONE News item showed security footage of a violent attack on a liquor store worker by four men to assist police in identifying and apprehending the attackers. Two explicit warnings were given prior to the footage. The Authority did not uphold the complaint that the violence shown was gratuitous. It was an important news story aimed at identifying and catching the attackers and was accompanied by clear warnings from the broadcaster. Not Upheld: Good Taste and Decency, Violence, Responsible ProgrammingIntroduction[1] A ONE News item showed a violent attack on a liquor store worker by four men. The security footage showed the store worker being punched, kicked and dragged across the store, having a bottle of spirits smashed over his head and being kicked in the head as he lay on the ground....

Summary An exchange on The Rock included a conversation between the announcer and an actor portraying a fictitious Australian character called Darryl Brock, during which Darryl Brock asked the announcer whether a woman announcer had "big tits" and if "she bang[ed] like a shithouse door in the wind". The exchange was broadcast at around 9. 00am on 25 November 1999. K E Broad complained to The RadioWorks Ltd, the broadcaster, that the language used was offensive and totally unacceptable, and that children could have heard it because of the time of the broadcast. The RadioWorks responded that the reference to the woman having "big tits" was "perhaps a little raunchy", but was a slang expression and did not contravene broadcasting standards. As to the second remark, the RadioWorks said that the word "shithouse" was also slang and that this remark did not contravene broadcasting standards either....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday Morning with Chris Laidlaw – interview with Sir Stephen Tindall – Sir Stephen made very brief reference to Joan Withers as a trustee of one of his projects – allegedly in breach of accuracy, fairness and responsible programming standardsFindingsStandard 5 (accuracy), Standard 6 (fairness), Standard 8 (responsible programming) – Authority has previously declined to determine similar complaints from Mr Golden – complaint is trivial and bordering on vexatious for Mr Golden to continue referring similar complaints following Authority’s previous rulings – Authority declines to determine the complaint in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 62/95 Dated the 6th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ERNSLAW ONE LIMITED Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Download a PDF of Decision No. 1990-026–027:New Zealand Business Roundtable and Treasury and Television New Zealand Ltd - 1990-026, 1990-027 PDF3. 73 MB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Last Chance Dogs – reality series about dogs with behavioural problems and their owners – episode showed three dogs being taken from their owner as they were not registered and were aggressive towards other dogs – allegedly in breach of law and order, controversial issues and responsible programming standards FindingsStandard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – focus was on dogs being removed from owner because they were not registered – not upheld Standard 4 (controversial issues) – programme did not discuss a controversial issue of public importance – not upheld Standard 8 (responsible programming) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that 65 police officers failed their Physical Competency Test because they were unfit – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 5 (accuracy) – reported figure of 65 unfit officers came from police and was not intended to reflect the proportion of officers who failed their PCT – lack of information pertaining to reasons for failure was due to reluctance of police to reveal information – item would not have misled viewers – not upheld Standard 6 (fairness) – use of shot of person eating pizza was legitimate to suggest that diet may be a reason why officers were unfit, and was not unfair – lack of detail due to police reluctance to reveal information – police provided with a fair and reasonable opportunity to comment and response included in the story…...

Tapu Misa declared a conflict and did not take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Fijian Language Programme – interview with Frank Bainimarama discussing situation in Fiji – Mr Bainimarama portrayed situation in Fiji as cheerful and normal – allegedly in breach of balance and social responsibility standardsFindings Principle 7 (social responsibility) – matters raised by complainant were ones of editorial discretion – not upheldPrinciple 4 (balance) – broadcaster upheld balance complaint – action taken insufficient – upheld Order Section 13(1)(a) – broadcast statement This headnote does not form part of the decision. Broadcast[1] An item broadcast on Niu FM during its Fijian Language Programme on 15 December 2006 contained an interview with Commander Frank Bainimarama....

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....

Summary[This summary does not form part of the decision. ]An episode of Criminal Minds featured the murder of three restaurant workers during an armed robbery, prompting the FBI’s Behavioural Analysis Unit to re-open a similar cold case that occurred six years earlier. The episode contained violence and drug use. The Authority did not uphold the complaint that the episode breached broadcasting standards relating to responsible programming, children’s interests and law and order. The Authority found that while the episode contained challenging content, it was classified AO and was preceded by an adequate warning. The programme’s classification, pre-broadcast warning and established reputation as a crime drama enabled viewers to make an informed viewing decision. The programme did not contain visual acts of violence, and the drug use was not portrayed in an instructional or encouraging manner and was part of the episode’s narrative context....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the words “fuck” and “cunt” – allegedly in breach of discrimination and denigration, and responsible programming standards FindingsStandard 8 (responsible programming) – Authority has previously found that the movie was appropriately classified AO and screened at 8. 30pm – not upheld Standard 7 (discrimination and denigration) – complainant did not identify a section of the community which she considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Saturday 19 February 2011. [2] At approximately 8. 40pm, one of the characters used the word “fuck”....