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Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Trial by Ordeal – documentary – examined three jury trials of John Barlow charged with double murder – questioned fairness in view of the length of the process – interviewed some participants and set up mock jury to hear evidence – allegedly gratuitous murder reconstructions, offensive and unnecessarily violent, and favoured defence over prosecutionFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 4 (balance) – opposing perspectives advanced – not upheld Standard 10 (violence) and Guidelines 10b (cumulative effect) and 10f (repeated gratuitously) – reconstructions, while gruesome, were not gratuitous or repeated unnecessarily – not upheldThis headnote does not form part of the decision. Broadcast [1] Trial by Ordeal was a documentary broadcast on TV One at 9. 00pm on 12 February 2004....

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News segment called “The Week in Politics” – reference to Dr Don Brash (Leader of the National Party) travelling in a police convoy from Parliament to the Wellington Stadium – comment by presenter that he “could have walked, the lazy bugger eh!” – allegedly in breach of good taste and decency and allegedly inaccurate Findings Standard 1 (good taste and decency) – word “bugger” not in breach of good taste and decency – not upheld Standard 5 (accuracy) – comment not statement of fact – accuracy standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A segment called “The Week in Politics” was included in 3 News, broadcast on 23 July 2004, at around 6. 30pm....

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

ComplaintNewstalk ZB – Paul Holmes Breakfast – host used term “house niggers” – offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no uphold This headnote does not form part of the decision. Summary [1] During an interview with the Prime Minister, Paul Holmes, as the host of the Paul Holmes Breakfast on Newstalk ZB, referred to a comment made by Titewhai Harawira, a Maori political activist. The host said that the Government’s Maori Members of Parliament had been referred to as “house niggers” and asked a question related to the comment. The comment was broadcast at around 7. 40am on 3 September 2003....

ComplaintSpace – images of man exposing buttocks – "mooning" – offensive behaviour FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] An episode of Space was broadcast on TV2 at 11. 25pm on 8 March 2002. At the end of the episode, images of a man’s buttocks, and of a second man holding the cheeks of the man’s buttocks apart, were broadcast in a montage of out-takes over which the closing credits were run. The incident apparently occurred during a stag party. [2] Laurie Collier complained to Television New Zealand Ltd, the broadcaster, that the sequence was "one of the most indecent incidents I’ve witnessed on television". [3] TVNZ declined to uphold the complaint. It did not consider that in the overall context of Space the scene was in breach of broadcasting standards....

ComplaintsPromos – Mercy Peak x 3 – The Swap x 1 – Bad Girls x 1 – offensive language – classification – violence – two aspects of one complaint upheld by TVNZ – excessive violence and wrongly classified – reasons for promos advanced by TVNZ as informing and attracting viewers by using interesting and intriguing sequences FindingsStandard 1 and Guideline 1a, Standard 7 and Guideline 7b, Standard 10 and Guideline 10c – five promos did not contain offensive language or offensive behaviour – no uphold; the four promos contained minimal violence and were not inappropriately classified – no uphold This headnote does not form part of the decision. Summary [1] Promos for Mercy Peak, The Swap and Bad Girls were broadcast by TVNZ at various times and on different days in April 2002....

ComplaintTux Super Dog Challenge – bugger – offensive language FindingsS4(1)(a) – context relevant – not used in anger – no uphold This headnote does not form part of the decision. Summary Tux Super Dog Challenge was a series which featured dogs and their owners competing over a range of physical tests in the high country. It was broadcast weekly on TV One at 7. 00pm on Saturdays. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, about the language used during the episode on 18 November 2000. The use of the word "bugger" on two occasions, he said, was offensive. Acknowledging that the word might be offensive in some contexts, TVNZ said nevertheless it was used in a "friendly" way on this occasion. It declined to uphold the complaint. Dissatisfied with TVNZ’s decision, Mr Schwabe referred it to the Broadcasting Standards Authority under s....

ComplaintOne News – images of Kerry Fox and male actor both nude in award winning film "Intimacy" – nudity not decent at 6pm when children watching FindingsStandard G2 – visuals acceptable in context – no uphold Standard G2 – visuals restrained – mindful of children – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 19 February 2001 advised that New Zealand actress Kerry Fox had won the coveted Silver Bear Award at the Berlin Film Festival for her acting in the film "Intimacy". The item showed an extract from the film in which she and a male actor appeared naked....

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about latest season of local drama series Outrageous Fortune – contained clips of sex scenes from the series – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – inclusion of sex scenes was gratuitous in a news item – warning did not excuse that level of sexual material – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers by including sexual material in a news item broadcast during children’s normally accepted viewing times – upheld Standard 8 (responsible programming) – guidelines relating to promos and advertisements not applicable to news item – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $4,000 costs to the Crown This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Outrageous Fortune – coarse language broadcast during the first ten minutes of the programme including the word “cunt” – broadcaster upheld breaches of good taste and decency and children’s interests standards in relation to the use of the word “cunt” – action taken allegedly insufficientFindingsStandard 9 (children’s interests) – guideline 9b – frequent use of language amounted to broadcast of strong adult material too close to 8. 30pm watershed – broadcaster did not adequately consider children’s interests – upheld Standard 8 (responsible programming) – frequent coarse language and use of the word “cunt” in first 10 minutes of the programme constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheldStandard 1 (good taste and decency) – frequent coarse language before 8....

ComplaintInside New Zealand: "Piercing – The Hole Story" – documentary – pierced genitalia displayed – offensive – inappropriate for children FindingsStandard G2 – piercing for body suspension – images beyond community standards – uphold; piercing of genitalia – majority – matter of fact – minority – gratuitous – no uphold; other aspects – context – no uphold Standard G12 – body suspension segment at start of programme – waterfall after 8. 30pm – uphold No Order This headnote does not form part of the decision. Summary [1] "Piercing – The Hole Story" was the title of a documentary broadcast on the Inside New Zealand series on TV3 at 8. 30pm on 1 August 2001. It examined the practice of piercing navels and tongues among youth, and showed some more unusual piercings, including genital piercing and suspending by hooks through the flesh....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tudors – included a scene in which a man was tortured by having a burning hot steel rod pushed up his backside – allegedly in breach of good taste and decency, law and order and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – did not promote, glamorise or condone torture – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion with the issue of violence – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Tudors, a drama series about the reign and marriages of King Henry VIII, was broadcast on TV One at 8. 30pm on Sunday 1 November 2010. The programme included a brief scene in which a rebel leader was tortured....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Birdland – presenter Jeremy Wells looked at birdlife in New Zealand – visited a weka farm in Southland – was shown caring for pet mice then releasing them to be eaten by weka – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence FindingsStandard 9 (children’s interests) – guideline 9d – animals badly treated – gratuitous and not justified by context – broadcaster did not adequately consider children’s interests – upheld by majority Standard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 10 (violence) – subsumed into consideration of Standard 9 No Order This headnote does not form part of the decision. Broadcast [1] An episode of Birdland, a locally produced wildlife programme hosted by comedian Jeremy Wells, was broadcast on TV One at 7pm on Saturday 14 November 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported on a court trial in which several people were accused of being involved in the death of a toddler – included details of the abuse suffered by the child – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the abuse were not gratuitous – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Newstalk ZB at 5pm on Tuesday 21 October 2008, reported on the High Court trial of several people in relation to the death of a toddler. The presenter began the report by stating: The Crown has today outlined the horrific abuse Rotorua pre-schooler Nia Glassie went through for months before her death....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon (x2), Today in Parliament, Saturday Morning with Kim Hill, Morning Report – each used the term “front bums” – allegedly offensive – the word “bloody” used once – allegedly offensiveFindingsPrinciple 1 (good taste and decency) – “front bums” – novel phrase – mildly vulgar – “bloody” – mild expletive – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The Hon John Tamihere MP, a cabinet minister at the time, used the phrase “front bums” to describe women in a magazine interview. The phrase was later used on National Radio on Nine to Noon broadcast on 12 and 14 April 2005, on Today in Parliament at 6. 35pm on 12 April, and on Saturday Morning with Kim Hill at 9. 05am on 16 April....