Search Rapua

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-018 Dated the 22nd day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDDIE HAYES of Hawkes Bay Broadcaster RADIO OTAGO LTD TRADING AS 93 FM, HASTINGS J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-148 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W and P JONES of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal". Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast. 9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience....

SummaryEpisodes 12 and 13 of the series Havoc and Newsboy’s Sell-Out Tour were broadcast on TV2 on consecutive Tuesday evenings on 17 and 24 August 1999 beginning at 10. 00pm. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that what he called gratuitous swearing on the programme, which included the use of the word "fuck", breached the good taste standard. TVNZ responded that in the context of a late evening broadcast and the fact that the programmes were classified as AO, it did not consider that the language used posed a threat to the standard. It also suggested that the approach taken by Mikey Havoc and Jeremy Wells (Newsboy) was by now sufficiently well-established for the language to have come as no surprise to viewers....

ComplaintSong "Goodnight Irene" – lyrics offensive FindingsPrinciple 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] The song "Goodnight Irene" was one of collection of tracks played by Manawatu Sounz AM 999 between 7. 45–8. 15am on 27 January 2002. The song was written by a black American blues singer, known as Leadbelly, early in the 20th century. [2] Mrs McIntyre complained to Manawatu Access Radio Charitable Trust, the broadcaster, that the lyrics in the third verse, in particular the phrase "I’ll take morphine and die", were offensive. [3] In response, Manawatu Access Radio explained that the lyrics were in the original song and were not an unusual example of lyrics written at that time in that they reflected the precarious existence of poor people. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – host read out viewer feedback and made comments about a female guest's appearance – allegedly in breach of good taste and decency and fairness standards – broadcaster upheld fairness complaint, apologised to complainant and spoke to host and senior staff of Breakfast – action taken allegedly insufficient Findings Standard 6 (fairness) – action taken sufficient – breach of standards handled appropriately by the broadcaster – not upheld This headnote does not form part of the decision. Broadcast [1] During Breakfast, broadcast on TV One between 6. 30am and 9am on 25 March 2009, a Greenpeace representative was invited onto the programme to discuss the issue of compensation for the health effects of nuclear testing. [2] Following the interview, in a viewer feedback segment at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – teaser for upcoming item contained footage of bare-breasted women – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage was fleeting and shown from a distance – factual report – contextual factors – not upheld by majority This headnote does not form part of the decision. Broadcast [1] At the beginning of 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, the presenters highlighted the major stories of the evening, one of which concerned the Auckland “Boobs on Bikes” parade. As footage of the parade was briefly shown, the presented stated: And not just boobs on bikes, there are bazookas on tanks as well. [2] The footage of the parade included a shot of four bare-breasted women standing up in a convertible car....

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Minister of Police had declined to be interviewed – host said that when Cabinet Ministers refused to front up and discuss serious issues, they would receive the “no-show pie” – animation showing a photograph of the Minister of Police with a cream pie being pushed into his face – allegedly in breach of good taste and decency, unfair and in breach of the violence standardFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – not unfair to the Minister – not upheld Standard 10 (violence) – no issue of violence – not upheldThis headnote does not form part of the decision....

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....

Complaint60 Minutes – promo – clip of Norm Hewitt – use of word "shit" – offensive language – breach of good taste and decency – breach of classification codes and time bands – not mindful of the effect on children – explicit material unacceptable in a promo FindingsStandard G2 – quietly used vernacular figure of speech – context – no uphold Standard G8 – appropriate classification – no uphold Standard G12 – important social message for younger viewers – no uphold Standard G24 – no violence or other explicit material – not relevant This headnote does not form part of the decision. Summary [1] A promo for the current affairs programme 60 Minutes contained a 30-second clip of professional rugby player, Norm Hewitt. It was broadcast on 20 October 2001 at 6. 35pm during One News....

ComplaintSix Feet Under – male nudity – breach of good taste and decency – broadcaster not mindful of the effect on teenagers FindingsStandard 1 – contextual matters – no uphold Standard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 April 2002 at 9. 40pm on TV One included a scene with a full frontal view of a naked man. [2] Graham Jacobsen complained to Television New Zealand Ltd, the broadcaster, that the scene was too explicit, was not excused by the broadcast of a warning, and breached standards relating to teenager’s viewing interests....

Summary An excerpt from the performance of the Paul Taylor Dance Company was shown at the conclusion of One Network News broadcast on TV One on 25 November between 6. 00–7. 00pm. Kristian Harang complained to Television New Zealand Ltd that the item, which he said showed naked men, breached acceptable standards of decency and also was offensive to children who might have been watching. TVNZ responded that all of the dancers, both men and women, were wearing patterned tights. It noted that ballet tights were part of the normal attire for both classical and modern dance performances. In the circumstances, it concluded that no standards were relevant. Dissatisfied with TVNZ’s decision, Mr Harang referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – segment was an attempt at humour and satire – the outcome as broadcast demonstrated flaws in stereotyping – broadcast would not have offended most listeners in context, was not socially irresponsible, and did not reach high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1992-078:Toomer and Television New Zealand Ltd - 1992-078 PDF270. 33 KB...

Summary[This summary does not form part of the decision. ]A promo for Embarrassing Bodies Downunder broadcast at 7. 15pm during Shortland Street contained a brief reference to the effect of pineapple on the taste of semen. The Authority did not uphold the complaint that the sexual references in the promo were inappropriate for broadcast in this timeslot. The reference to oral sex was inexplicit, would not likely have been understood by most younger viewers and did not exceed expectations of the regular audience of the host programme, which frequently contains mature themes. Not Upheld: Good Taste and Decency, Children's InterestsIntroduction[1] A promo for Embarrassing Bodies Downunder contained a brief reference to the effect of pineapple on the taste of semen as follows: Presenter: What might pineapple do to something in your body? Woman: Change the taste of your semen. . . ? Presenter: Have you given it a crack?...