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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-127 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN THOMAS of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that the host of Breakfast had been "complicit in facilitating and allowing disparaging and racist remarks" to be made about Māori during an interview with child advocate Christine Rankin about the high rate of child abuse in New Zealand. The complainant said the host's "grossly offensive" questions had created the impression that only Māori abuse and kill their children, breaching standards of good taste and decency, balance and accuracy. The Broadcaster's ResponseTVNZ said Ms Rankin’s comments were not intended to disparage Māori but to call "for action on child abuse among Māori who are significantly over-represented in child abuse statistics". She had clearly stated that it was not just Māori who were abusing their children. The broadcaster said the host's questions had forced Ms Rankin to balance her comments....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-092 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBITA JOHNSTON of Tauranga Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Unauthorised History of New Zealand – skit called “Dr Rangi” – doctor examined female patient’s breasts – became visibly sexually aroused as the female patient responded coyly – 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] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history. An episode broadcast on TV One at 10. 10pm on 12 March 2007 contained a skit called “Dr Rangi”, which was a send-up of 1970’s sitcoms, involving a Maori doctor. [2] The skit involved Dr Rangi examining a female patient’s breasts and becoming visibly sexually aroused as the female patient responded coyly....

Summary [This summary does not form part of the decision. ] An item on The Paul Henry Show featured a recent Police press release about a so-called tourist who had reportedly been driving with a kayak attached width-ways to the roof of his car. The presenter commented that the man was ‘a bloody twat’ and that his actions ‘pissed him off’. The Authority did not uphold a complaint about the presenter’s choice of language and his denigration of foreign tourists. In the context of a late-night programme and the presenter’s well-known style, the language did not threaten current norms of good taste and decency and ‘foreign tourists’ are not a section of the community to which the discrimination and denigration standard applies....

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Summary[This summary does not form part of the decision. ]A radio play, Playing With Fire, was broadcast on RNZ National on 22 and 26 February 2017, around the time of the Port Hills fires in Christchurch. The play followed a family as they were evacuated from their home in rural Canada due to a forest fire. The focus of the story was the struggling relationship between married couple Judy and Arnold, and its effect on their son, Daniel (who was described as having learning difficulties). The Authority did not uphold a complaint that the broadcast of this play, around the time of the Port Hills fires, was in poor taste. Programme selection and scheduling decisions were ultimately at the discretion of the broadcaster, and the Authority recognised the high value of the fictional work in terms of the right to freedom of expression....

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Summary An Assignment programme broadcast on TV One at 8. 30pm on 15 July 1999 examined a theory which linked those who abused animals in their youth to violent offences in later years. The documentary included video footage of teenage boys tormenting a dog. It was explained that they had filmed the video themselves. Joanne Walker complained to Television New Zealand Ltd, the broadcaster, that she was disgusted that the programme included footage of boys subjecting a dog to torture. In her view, it violated the Code relating to the Portrayal of Violence. In addition, she noted that there had been no warning preceding the programme. TVNZ responded that the incident had been edited in such a way as to convey the cruelty inflicted on the animal while avoiding showing what actually occurred....

ComplaintTarget – description of house cleaner as tradesperson – denigration of tradespeople – inaccurate – unfair – unbalanced – offensive Findings (1) Standard G1 – no inaccuracy – no uphold (2) Standard G2 – no uphold (3) Standard G4 – no unfairness – no uphold (4) Standard G13 – no denigration or discrimination – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary An episode of Target broadcast on TV3 at 7. 00pm on 14 May 2000 featured footage of employees of four Hamilton house cleaning services who had been secretly filmed as part of a hidden camera trial. One of the male cleaners had been filmed engaging in improper sexual behaviour....

ComplaintThe Book Group – drama – male sex scene – offensive FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The Book Group is a series about a group of people who regularly meet to discuss books, and is described by the broadcaster as a “quirky and unpredictable drama”. An episode broadcast on 24 September 2003 at 10. 05pm on TV One included a scene of two men having sex. [2] Michael Beedell complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and “inappropriate for public viewing”. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Beedell referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

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(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

ComplaintMusic video – HLAH – "Good Advice" from "Blood on The Honky Tonk Floor" – zombie genre – excessive violence FindingsG2, G9, G11(i), G24, V1, V2, V3, V6, V8, V10, V11 – complaint subsumed under G2 and V1 Standard G2 – music video – context – challenging style – satirical – no uphold Standard V1 – gruesome but verging on the farcical – no uphold This headnote does not form part of the decision. Summary The HLAH music video of "Good Advice" from the album "Blood on the Honky Tonky Floor" was screened on TV4 at 11. 00pm on 30 November 2000. Mark Gilmour complained to TV3 Network Services Ltd, the broadcaster, that the video displayed graphic violence which, he said, was "disgusting". TV3 said that "Good Advice" was a satirical view of the zombie movie genre set in a contemporary club....

ComplaintFor Richer or Poorer – movie – "fuck off" – offensive language – insufficient warning FindingsStandard G2 – language not offensive in context – no uphold Standard G8 – classification and time of screening appropriate – no uphold This headnote does not form part of the decision. Summary For Richer or Poorer was broadcast on TV3 at 8. 30pm on 29 April 2001. For Richer or Poorer is a comedy movie about a rich couple who hide among the Amish to avoid pursuit by the tax department. During one scene, the wife tells her husband to "fuck off". Ken and Jackie Francis complained to the broadcaster, TV3 Network Services Ltd, that the language was offensive, and that the warning for "coarse" language which had preceded the broadcast had been insufficient....

ComplaintThe Rock – Morning Rumble – competition – the worst things that had ever happened to you when you’ve been drinking – story about drunk youth – stripped – drawn on – urinated over – crutch pushed into rectum – photos taken – person embarrassed and later left school – encourages abuse FindingsPrinciple 1 – story offensive – uphold Principle 7 guideline 7b – 7. 15–8. 15am normally accepted listening time for children – uphold OrderCosts of $2,500 to the Crown This headnote does not form part of the decision. Summary [1] A competition entitled "The worst things that have ever happened to you when you’ve been drinking" was run on The Rock between 7. 15–8. 15am on 31 July 2001....

Summary [This summary does not form part of the decision. ] During The Chase, a British quiz show, the host introduced one of the trivia experts as ‘“The Governess” Anne Hegerty – big brain, big bo…ots? ’ to audience laughter. The Authority declined to uphold a complaint that the host commented on Ms Hegerty’s ‘big boobs’ which was discriminatory against women, distasteful and unfair to Ms Hegerty, among other things. While the comment may have offended some viewers, it did not reach the threshold necessary to find a breach of broadcasting standards. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness, Responsible Programming, Accuracy   Introduction [1] During The Chase, a British quiz show, the host introduced the four trivia experts (the ‘chasers’) as follows: Who will you be up against today? Could it be Paul ‘The Sinnerman’ Sinha – big brain, bad suit?...

Summary [This summary does not form part of the decision. ]The host of the trivia show The Chase made an off-the-cuff remark about Bing Crosby's death. The Authority declined to uphold the complaint that the comment breached standards of good taste and decency, finding that it was a light-hearted joke that was relatively innocuous and would not have offended most viewers. Not Upheld: Good Taste and DecencyIntroduction[1] During The Chase, a British quiz show, a contestant was asked the trivia question 'Where did the singer and actor Bing Crosby die in 1977? ' The contestant correctly answered, 'On a golf course'. The host commented, 'He actually died of a heart attack on the second hole, and it was the longest round of golf ever after that because they had to drag Bing to the next one, tee off, drag Bing, you know'....