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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 15/95 Dated the 16th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P H E BLOOMER of Napier Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 140/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND ON AIR Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Summary An episode of Dharma and Greg was broadcast on TV2 on 14 October 1998 between 7. 30-8. 00pm. A male character described two women as "deaf Cockney humpbacks". Mr Kirkland complained to Television New Zealand Ltd that the portrayal of deaf people in the programme was discriminatory and paternalistic, and perpetuated a stereotypical view about deaf people being stupid. He sought an apology from the broadcaster. TVNZ pointed out that this was a comedy programme in which the two characters regularly assumed character roles. In this case one decided to be a humpback who was hard of hearing while the other adopted a Cockney accent. A male character said to them "Hello deaf Cockney humpbacks". TVNZ said it found nothing in this exchange which suggested that deaf people were intellectually limited, nor anything that would encourage discrimination against deaf people....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-149 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER KOSSEN of Auckland Broadcaster TV3 NETWORKS SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryThe film Harley Davidson and the Marlboro Man was broadcast on TV2 on 7 October 1999, beginning at 11. 00pm. It was an action movie in which two men stole mob money to prevent their friend’s bar from being closed down. Laurie Collier complained to Television New Zealand Ltd, the broadcaster, that the language and "gross violence" contained in the film breached broadcasting standards. In particular, he complained about the excessive use of the "f word" and what he called "the blood and guts violence". TVNZ’s informal response emphasised the relevance of context in ascertaining whether the language exceeded community expectations. When Mr Collier sought a review of TVNZ’s decision, it provided a more substantive response, again emphasising contextual factors. It noted that the film began at 11. 00pm, well into adult viewing time, that it was preceded by a warning, and that it was classified as AO....

ComplaintOne News – offensive language – film title – 'shagged' FindingsStandard G2 – decline to determineCross ReferencesDecision No: 1999-163 and No: 2000-056 This headnote does not form part of the decision. Summary An actor from the film "Austin Powers – The Spy who Shagged me" was interviewed on Holmes on 9 February 2000 between 7. 00–7. 30pm. The item included audio and video clips from the film and the word "shagged" appeared in a graphic containing the film’s title. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an "offensive, aggressive, macho anti-woman term" and should not have been promoted in an item which was "irresistible to all members of the family, including impressionable children"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – host likened the appearance of a talent show contestant to that of a person suffering from an intellectual disability – allegedly in breach of good taste and decency and social responsibility standards Findings Principle 7 (social responsibility) – host’s comments intended to be positive – item lacked necessary invective to amount to encouraging denigration – not upheld Principle 1 (good taste and decency) – host had no intention to insult or offend – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Radio Live on 27 August 2007 discussed a British talent show contestant named Paul Potts and his rapid rise to fame after his singing audition on the programme “Britain’s Got Talent”....

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....

ComplaintThe Edge – announcer makes anonymous call to woman – purports to be buying magazines – says has fetish for "shirtless Papua New Guinea women" – threatening and offensive – breach of good taste and decency FindingsPrinciple 1 – sinister – threatening – breach of good taste and decency – uphold OrderBroadcast of summary – costs of $500 to Crown This headnote does not form part of the decision. Summary [1] During a broadcast on The Edge on 17 October 2001 between 9. 30am and 10. 00am, one of the announcers telephoned a woman who was advertising National Geographic magazines, purporting to be a potential buyer. He told the woman he had a fetish for "topless Papua New Guinea women" and requested copies of the magazines carrying such pictures....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Distraction – British comedy quiz show – host referred to one contestant as having “wanked off a dog” – alleged frequent use of the word “fuck” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 9. 30pm on 23 September 2005. During the introductory sequence, the host referred to one contestant as having “wanked off a dog”. Complaint [2] Malcolm Anderson complained to Television New Zealand Ltd, the broadcaster, that the reference to “wanking off a dog” was disgusting, and in breach of good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Underbelly – programme about mafia-type gangs in Melbourne – included coarse language, nudity, drugs and violence – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Underbelly was broadcast on TV3 at 9. 30pm on Sunday 13 April 2008. The programme was a drama based on the true story of Melbourne’s infamous gangland killings and events which occurred between 1995 and 2004. [2] The programme contained frequent use of coarse language including the words “fuck”, “cocksucker”, “prick”, “arsehole” and “pussy-whipped”. It also included a scene in which a man killed two other men by shooting them with a pistol....

ComplaintHolmes – footage of English coach’s half-time speech – offensive language – unsuitable for childrenFindings(1) Standard G2 – use of language not endorsed – no uphold (2) Standard G12 – no uphold This headnote does not form part of the decision. Summary Footage from a soccer coach’s half-time speech to players which contained strong language was broadcast on Holmes on TV One on 27 April 2000 beginning at 7. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the footage contained repeated and gratuitous offensive language. He contended that the item was offensive and unsuitable for children. TVNZ responded that the item was linked to new research findings that such angry motivational speeches did not assist performance, and maintained that the item was of topical interest....

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

ComplaintZG FM Gisborne – offensive language – "eff–off" – "piss off" – reference to complainant on air FindingsPrinciples 1 and 7 – in context – no uphold Principle 5 – reference ambiguous – no uphold CommentBroadcaster’s complaints procedure and process for recording programmes unsatisfactory This headnote does not form part of the decision. Summary During the morning programme on 22 September 2000, an announcer on Gisborne’s ZG FM said "eff-off". On 20 October he said that by playing a certain song, he would "piss off" some colleagues. After a listener called the station to complain about his language, the announcer made reference to her complaint on 25 October, saying "I can’t say ‘piss off’ or Mrs Pascall will get hacked off about it....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on “strip club turf war” contained footage of a stripper wearing only a G-string and dancing erotically – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld the complaint under Standards 1 and 9 – action taken allegedly insufficient FindingsAction Taken: Standard 1 (good taste and decency) and Standard 9 (children’s interests) – action taken by broadcaster sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on Thursday 3 May 2012, reported on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

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....

ComplaintSpace – two items about visits to studio which makes porn videos – promoted pornography – offensive and unbalancedFindingsStandard G2 – not offensive in context – no uphold Standard G6 – not a serious item – satirical – no uphold This headnote does not form part of the decision. Summary Items on the magazine programme Space showed one of the hosts visiting a business which made pornographic videos and trying to sell a script. The items included some interviews with people in the business, and contained shots of the host in a spa pool with four topless women. The items were broadcast at 10. 25pm on both 1 and 8 June 2001 on TV2. Phillip Smits complained to Television New Zealand Ltd, the broadcaster, that the items promoted pornography, and thus were offensive and unbalanced....

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...