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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989True Stories Uncut: Tantastic – contained shots of naked man – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was not titillating or salacious – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A documentary titled True Stories Uncut: Tantastic was broadcast on Prime Television at 9. 35pm on Friday 30 January 2009. The programme spoke to a number of people, described as “tanorexics”, who were obsessed with tanning, either naturally or through the use of sun beds or spray tans in salons. [2] At approximately 9. 55pm, the programme featured a middle-aged man who liked to sunbathe naked. He was shown undressing then lying naked in his backyard, mowing the lawns naked, and then walking down a beach naked....

The Authority has upheld one aspect of a privacy complaint regarding an episode of A Question of Justice which contained sensitive and traumatic photos of the complainant. The programme contained a re-enactment of an assault on the complainant in 2008, and showed photos of the complainant in hospital with extensive injuries and in a state of undress. The Authority found that while the photos had previously been broadcast in 2009, the sensitive surrounding circumstances and traumatic nature of the photos, combined with the passage of time since they had last been made public, meant the photos had become private again (especially since the complainant had no prior knowledge of this broadcast)....

An item on Prime News inadvertently contained an uncensored image of the word ‘cunt’. The Authority has not upheld a complaint alleging the action taken by the broadcaster in response to this error was insufficient. The broadcaster upheld the complaint under the good taste and decency standard and took steps to address the error with its news producers. The broadcaster also apologised to the complainant. Not Upheld: Good Taste and Decency (Action Taken)...

ComplaintBulworth – film – two screenings – obscene language – fuck – cock sucker FindingsStandard S2 – context – no upholdThis headnote does not form part of the decision. Summary[1] The film Bulworth, a political satire, was broadcast on Sky Movie Max at 6. 10pm on 13 June 2001 and at 4. 40pm on 18 June 2001. It contained a scene during which a young boy swore at a police officer and called him a "fucking pig cock sucker". [2] Phillip Smits complained to Sky Network Television Limited, the broadcaster, that the language was "obscene". [3] Sky did not uphold the complaints. It considered that the language used, when considered in context, did not breach currently accepted norms of decency and taste in language. [4] Dissatisfied with Sky’s response, Mr Smits referred the complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

The Authority has not upheld a complaint that the broadcast of UFC 286 Prelims Live on Prime between 8am and 10am, and re-broadcast on Prime+1 between 9am and 11am, breached the offensive and disturbing content and children’s interests standards. The complainant considered the broadcast of mixed martial arts (MMA) fights was offensive and inappropriate to broadcast at a time when children may be watching television unsupervised. The Authority found, taking into account the context, including that UFC 286 Prelims Live was; an unclassified live sports broadcast; preceded by a warning that it would feature live MMA and would contain content that viewers may find distressing; had an adult target audience; and had a buffer of programmes unlikely to be of interest to children, the broadcast did not breach the nominated standards. Not Upheld: Offensive and Disturbing Content, Children’s Interests...

ComplaintSky Television Rugby Channel – All Black vs. Springboks match – replay of opening try – commentator said “Well, so slick, so smooth, almost a Brazilian…Ronaldo-ish” – offensiveFindingsStandard S2 – throwaway line – not offensive to majority of viewers – no uphold This headnote does not form part of the decision. Summary[1] A rugby match between New Zealand and South Africa was broadcast live on Sky Television Rugby Channel at approximately 7. 30pm on 9 August 2003. The commentator, Murray Mexted, said, during the replay of the All Blacks opening try: “Well so slick, so smooth almost a Brazilian … Ronaldo-ish”. [2] Kristin Hoskin complained to Sky Network Television Ltd, the broadcaster, that the comment was offensive. [3] When the broadcaster failed to respond to her formal complaint, Ms Hoskin referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

In an episode of Rugby Nation, commentator Tony Johnson made a reference to Israel Folau using the phrase ‘the F word’. The Authority has not upheld a complaint that this breached the discrimination and denigration standard. The complainant argued that the broadcast was harmful to Mr and Mrs Folau. However, as two individuals they are not a recognised section of the community as required by the standard. The discrimination and denigration standard therefore did not apply. The Authority declined to imply the good taste and decency or fairness standards into the complaint on the basis that the original complaint did not raise arguments consistent with an alleged breach of those standards. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint alleging comments made by commentators during a golf tournament breached the law and order standard. While discussing the difficulty of the course, a commentator suggested ‘Charles Manson put this [pin position] in! ’ Later in the tournament, the commentator said, ‘whoever set that flag, I can just picture him in his room at night catching flies and pulling the wings off them and watching them suffer’. The Authority found this would not have encouraged, promoted or glamorised illegal or anti-social behaviour in breach of the standard. Not Upheld: Law and Order...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shameless – programme contained sex scenes, swearing and violence – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld complaint under content classification, warning and filtering standard FindingsAction Taken: Standard P1 (content classification, warning and filtering) – action taken by the broadcaster was sufficient – not upheld Standard P2 (good taste and decency) – incorrect classification and inadequate warning label meant that viewers were not sufficiently informed of the programme’s likely content – viewers were therefore denied the opportunity to make a different viewing choice and were more likely to be offended – upheld Standard P3 (children’s interests) – broadcaster sufficiently protected child viewers from unsuitable content by classifying the programme 16 – not upheld No OrderThis headnote does not form part of the decision....

The Authority has not upheld a complaint that it was inaccurate for a news item to include footage which allegedly featured a ‘crisis actor’. The Authority found that whether or not the footage was propaganda as claimed by the complainant, its inclusion would not have materially affected the audience’s understanding of the item overall. Not Upheld: Accuracy...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Shot at Love II with Tila Tequila – reality dating show where a bisexual woman dated 15 men and 15 women – allegedly in breach of children’s standard and classification and warning standardFindings Standard P1 (Content classification, warning and filtering) – programme borderline 16 but appropriately classified M – did not require S warning label – not upheldStandard P3 (Children) – not targeted at children or screened adjacent to content aimed at children – not upheldThis headnote does not form part of the decision. Broadcast[1] A Shot at Love II with Tila Tequila was the second series of a reality television dating game show starring bisexual American internet celebrity Tila Tequila....

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

During the coverage of the 2020 Tokyo Olympics, host Goran Paladin provided pre- and post-match comments for the boxing match between David Nyika and Uladzislau Smiahlikau. The Authority did not uphold a complaint alleging the broadcast breached the good taste and decency standard due to the host mispronouncing and mocking Uladzislau Smiahlikau’s name. The Authority was satisfied the comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

Complaint under section 8(1)(a) of the Broadcasting Act 1989The 5th Wheel – two broadcasts – overt sexual content and nudity – allegedly bad taste – allegedly inadequately classified – allegedly unacceptable themes for childrenFindings Standard S2 (good taste and decency) – context – complaint about 6. 30pm broadcast upheldStandard S2 (good taste and decency) – context – complaint about 1. 20pm broadcast not upheldStandard S20 (children) – complaint about 6. 30pm broadcast – unacceptable for broadcast during children’s normally accepted viewing times – upheldStandard S20 (children) – complaint about 1. 20pm broadcast not upheldOrder Section 16(4) – $1,500 costs to the CrownThis headnote does not form part of the decision. Broadcast[1] An episode of The 5th Wheel, an American dating show which featured overt sexual content, was broadcast on Sky1 at 6. 30pm on 9 February 2004 and repeated on 10 February 2004 at 1. 20pm....

The Authority found it had no jurisdiction to determine a complaint about the movie Overlord as the complaint to the broadcaster did not amount to an allegation that the programme was in breach of broadcasting standards. The Authority found that the broadcaster did not have to accept this as a valid formal complaint, on the grounds the complaint was about the storyline and genre, rather than an allegation that the programme was in breach of broadcasting standards. Declined jurisdiction...

Summary[This summary does not form part of the decision. ]An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. The Authority did not uphold a complaint that the documentary was unbalanced and misleading because it did not discuss the success of certain nationwide bullying prevention programmes. The documentary did discuss various anti-bullying programmes and was not otherwise misleading. Which anti-bullying initiatives to feature, and in what detail, was a matter of editorial discretion for the broadcaster. Not Upheld: Controversial Issues, AccuracyIntroduction[1] An episode of Bullies, a three-part documentary series, discussed the issue of bullying in schools. [2] David White complained that the documentary was unbalanced and misleading because it did not discuss the success of nationwide bullying prevention programmes. [3] The issue is whether the broadcast breached the controversial issues and accuracy standards as set out in the Free-to-Air Television Code of Broadcasting Practice....

Complaint under section 8(1C) of the Broadcasting Act 1989The Soviet Story – documentary about the Soviet regime – contained graphic and violent details, as well as photographs and video footage of torture, mass graves, murder and starvation – allegedly in breach of standards relating to children’s interests and violenceFindingsStandard P4 (violence) – violent content not carefully classified – upheldStandard P3 (children) – broadcaster sufficiently protected child viewers from unsuitable content – not upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] The Soviet Story, a documentary about genocide and mass murder under the Soviet regime, was broadcast at 7. 30pm on The History Channel on Friday 29 October 2010. The documentary canvassed alleged political and philosophical connections between the Nazi and Soviet systems before and during the early stages of World War II....

ComplaintThe Mating Habits of the Earthbound Human – film – unsuitable for children – 7. 00pmFindingsStandard S2 – context – similar to Shortland Street broadcast at same time – no upholdStandards S20 and S23 – film unlikely to attract young children – not normal viewing time for young children alone – no upholdThis headnote does not form part of the decision. Summary[1] The Mating Habits of the Earthbound Human was screened on the Sky Movie Channel at 7. 00pm on 14 January 2002. The film dealt with human sexuality from the perspective of an alien and the mating habits are narrated in the style of a wildlife documentary. [2] J F Stevenson complained to Sky Network Television Ltd, the broadcaster, that given the contents of the film, it was screened at an inappropriate time....

Summary[This summary does not form part of the decision. ]A Prime News item reported on the trial of a former Nazi guard at Auschwitz and referred to the camp as a ‘Polish camp’. The complainant alleged this statement was inaccurate because it was not a ‘Polish camp’, but was rather a Nazi camp located in Poland. The Authority recognised that the labelling of concentration camps as part of the Nazi regime remains a sensitive issue and one of historical importance, which broadcasters should be mindful of when choosing the language to be used. Nevertheless, in the context of the item the Authority did not consider that viewers would have been misled. Not Upheld: Accuracy, FairnessIntroduction[1] An item on Prime News reported on the trial of a former Nazi guard as follows: A former Auschwitz guard has gone on trial in Germany for 170,000 counts of accessory to murder. ....