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Decisions
Smith and The Radio Network Ltd - 2002-058
2002-058

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Decisions
Sharp and Television New Zealand Ltd - 1993-084
1993-084

Download a PDF of Decision No. 1993-084:Sharp and Television New Zealand Ltd - 1993-084 PDF500. 47 KB...

Decisions
Coates and Television New Zealand Ltd - 2009-116
2009-116

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Decisions
West and Television New Zealand Ltd - 2010-073
2010-073

This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

Decisions
Anderson and Channel Z - 2001-131
2001-131

ComplaintChannel Z – "motherfucker" – "fucking cunt" – offensive language FindingsPrinciple 1 – breach of current norms of good taste and decency – uphold OrderCosts of $750 to the Crown This headnote does not form part of the decision. Summary I B Anderson complained to Channel Z, the broadcaster, about the expressions "motherfucker" and "fucking cunt" being broadcast on 30 May 2001 just before 4. 30pm. When the broadcaster did not respond within the statutory 20 working days, Mr Anderson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The broadcaster then responded that Channel Z was a niche radio station with an alternative format, and that its audience had a liberal view of language. The broadcaster agreed that the expressions were offensive and would not usually be broadcast....

Decisions
MacKay and Television New Zealand Ltd - 1998-165
1998-165

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

Decisions
Sharp and The RadioWorks Ltd - 2003-044
2003-044

ComplaintThe Racing Show – comment that caller should "stick his head up his arse" – offensive language FindingsPrinciple 1 and Guideline 1a – offensive remark – breach – uphold No Order This headnote does not form part of the decision. Summary [1] The Racing Show was broadcast on Radio Pacific on Friday 27 December 2002. During an on-air discussion between the host and a caller at 4. 30pm the caller alleged that the host had favoured a personal friend when he had selected the winners of the "$50 caller bets". A disagreement developed, and in response to the allegation, the host said to the caller "oh, go and stick your head up your arse". [2] M D Sharp complained to The RadioWorks Ltd, the broadcaster, that the comment was objectionable and obscene....

Decisions
Harang and Turner and Television New Zealand Ltd - 1998-062, 1998-063
1998-062–063

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...

Decisions
Department of Conservation and Radio Pacific Ltd - 2000-002
2000-002

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Decisions
Watkins and The RadioWorks Ltd - 2000-182–191
2000-182–191

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings (1) 5 August broadcast – no uphold(2) 6 August broadcast – no uphold (3) 7 August broadcast – no uphold (4) 10 August broadcast – reference to wanking unsuitable for children – Principle 7b – uphold (5) 11 August broadcast – discussion with child character about pornography – unsuitable for children – Principle 7b – uphold(6) 21 August broadcast – gratuitous use of "fuck" – Principle 1 – uphold – Principle 7b – unsuitable for children – uphold; discussion about plasticine penis – no uphold; mocking of homosexuals – Principle 1 – uphold;…...

Decisions
Lord and SKY Network Television Ltd - 2009-137
2009-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Amazon with Bruce Parry – during the programme the presenter said “fuck” – allegedly in breach of good taste and decency and children’s interests standardsFindings Standard 1 (good taste and decency) – broadcast prior to 8. 30pm watershed – research suggests that the word “fuck” would be unacceptable to majority of New Zealanders in this context – upheldStandard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] The programme Amazon with Bruce Parry was broadcast on Prime TV at 7. 30pm on Friday 26 June 2009. It was part of a series that examined the area around the Amazon River, its people, their culture, resource extraction and environmental issues....

Decisions
King and Television New Zealand Ltd - 2011-030
2011-030

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved an Alzheimer’s sufferer who enlisted the help of his son to capture, torture and kill young blonde women – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standards FindingsStandard 8 (responsible programming) – violence was graphic and deeply disturbing – amounted to stronger material which warranted AO 9. 30pm classification – upheld Standard 10 (violence) – programme should have been broadcast later – warning was not adequate – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 1 (good taste and decency) – programme material warranted higher classification – warning was inadequate – level of violence and menacing themes were more extreme than in other 8....

Decisions
Pownall and Television New Zealand Ltd - 1993-051
1993-051

Download a PDF of Decision No. 1993-051:Pownall and Television New Zealand Ltd - 1993-051 PDF483. 04 KB...

Decisions
Creevey and Independent Broadcasting Company (1990) Ltd - 1992-052
1992-052

Download a PDF of Decision No. 1992-052:Creevey and Independent Broadcasting Company (1990) Ltd - 1992-052299. 79 KB...

Decisions
B and HB Media Group - 1997-138, 1997-139
1997-138–139

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-138 Decision No: 1997-139 Dated the 13th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mrs B of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Singh and Radio Virsa - 2017-001 (27 October 2017)
2017-001

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Decisions
Donaldson and Channel 9 Dunedin - 2000-140
2000-140

ComplaintCOW AM – offensive behaviour – offensive language – questions about sex life FindingsStandard G2 – AO – 10. 00pm – explicit questions – context – uphold Cross-referenceDecision Nos: 2000-100–101 Order$250 costs to the Crown This headnote does not form part of the decision. Summary An episode of COW AM was broadcast on Channel 9 Dunedin on 29 May 2000. The programme included a sequence during which two young women and a man were questioned by the programme’s presenter about their recent sexual exploits. The programme was broadcast at around 10. 00pm. Mr J G Donaldson complained to Channel 9 Dunedin, the broadcaster, that he was "appalled" by the broadcast of what he called the "indecent interviews"....

Decisions
Atkinson and TV3 Network Services Ltd - 1992-084
1992-084

Download a PDF of Decision No. 1992-084:Atkinson and TV3 Network Services Ltd - 1992-084 PDF309. 13 KB...

Decisions
Cochran and MediaWorks TV Ltd - 2015-054
2015-054

Summary[This summary does not form part of the decision. ]3 News reported on a gun attack on a Tunisian beach resort, and showed amateur video footage of the event. The footage contained images of people shouting and running around in confusion, and gunshots and bomb blasts could be heard. The footage also showed the gunman lying in the street after he had been shot dead by police. The Authority upheld a complaint that this footage was disturbing and should have been preceded by a warning. While recognizing the high public interest in the story and the footage, viewers were not given a reasonable opportunity to exercise discretion because they were not adequately warned of its nature. The Authority did not make any order....

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