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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-091 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RON MILLS of Picton Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 154 /95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D F HARVEY of Lower Hutt Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

ComplaintOff the Wire – radio comedy – National Radio – reporting relating masturbation to religion – offensive FindingsPrinciple 1, Guideline 1a – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast live on National Radio at 12. 15pm on Sunday 4 August 2002. A participant in the programme related an item that had previously been reported in the media in the United States. He stated: "A Sunday school teacher was convicted of a misdemeanour for counselling a teenage boy that a good way to curb his masturbation habit was to write ‘what would Jesus do’ on his penis". [2] Janet Armstrong complained to Radio New Zealand Ltd, the broadcaster, about the nature of the item. She described it as highly offensive to Christians and other listeners....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – report on a terrorist threat in America in run-up to Presidential election – presenter joked that the country was facing a nightmare other than the prospect of George W Bush being re-elected – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – comment clearly a joke – no breach of good taste and decency – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on 13 July 2004 on TV3 at 6pm reported on a terrorist threat in America in the run-up to the Presidential election. The presenter (John Campbell) said: The United States is suddenly confronting the prospect of a nightmare – no, not George W [Bush] being re-elected – but the election itself having to be cancelled....

ComplaintEyes Wide Shut – film – screened at 9. 30pm during school holidays – sexual content – unsuitable for children Findings Standard 1 and Guideline 1a – not relevant Standard 9 and Guidelines 9a, 9b & 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] Eyes Wide Shut was a film broadcast during the school holidays, on TV2 at 9. 30pm on Tuesday 21 January 2003. The film was preceded by a warning which cited "strong sexual content", "nudity" and "drug use", and it was classified AO. [2] Cherry Smith complained to Television New Zealand Ltd, the broadcaster, that by not providing sufficient information about the film prior to its broadcast, TVNZ failed to consider the interests of children....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – host described the late King of Tonga as “King, fat King, brown slug King, Tupou the fourth of Tonga” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – comments were made about an individual, not a “section of the community” – not upheldThis headnote does not form part of the decision. Broadcast[1] During a Radio Live talkback programme between 9am–12pm on Tuesday 12 September 2006, host and Mayor of Wanganui Michael Laws commented that he had been amazed to receive a directive from the Prime Minister’s office that the city should fly the New Zealand flag at half mast to mark the passing of the King of Tonga, Tāufa ’āhau Tupou IV....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Seven Periods with Mr Gormsby – comedy series about a politically incorrect relief teacher – teacher threatened to sodomise a pupil – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] In an episode of Seven Periods with Mr Gormsby, a comedy series about a politically incorrect teacher in a New Zealand school, the main character threatened to sodomise a pupil if he refused to name which of his classmates had drawn a crude cartoon on the blackboard. The episode screened on TV One at 9. 35pm on 6 May 2005. Complaint [2] Dame Laurie Salas complained to Television New Zealand Ltd, the broadcaster, that the scene was not something a viewer would expect in “supposedly responsible” television....

SummaryThe arrest of Headhunter gang members was covered in an item broadcast on 3 News on 11 December 1998. Russell Gillies complained to TV3 Network Services Limited, the broadcaster, that because the item had shown footage of gang members giving the camera, and therefore the viewer, "the fingers", it had failed in its responsibility to maintain standards of good taste and decency. Mr Gillies described the gesture as a defiant act which was intended to be an insult, and argued that the inclusion of it in the item was offensive. TV3 advised Mr Gillies that after viewing the item, and examining the context in which "the fingers" symbol was shown, it had concluded that currently accepted norms of decency and taste had not been breached. Dissatisfied with TV3’s decision, Mr Gillies referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

ComplaintComedy Season Promo – edited clips from nine comedy programmes – footage from Sex and the City unsuitable for broadcast during children’s programming – breach of good taste – broadcaster not mindful of children – explicit material unacceptable FindingsStandard G2 – promo did not breach currently accepted norms of good taste and decency – no uphold Standard G12 – not G material – broadcaster not mindful of promo’s effect on children – uphold Standard G24 – not "explicit material" as envisaged by the standard – no uphold No Order This headnote does not form part of the decision. Summary 1] TV3 promoted its Comedy Season with a montage of clips from various comedy programmes. The promo, which lasted 60 seconds, included clips from 3rd Rock from the Sun, Will and Grace and Sex and the City, edited together....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport Breakfast Show – host Tony Veitch talking with British correspondent Mike Bovill – good natured exchange – host called correspondent a “wanker” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – tone and other contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] The host of the Radio Sport Breakfast Show (Tony Veitch) called the British correspondent (Mike Bovill) a “wanker” during an exchange about a New Zealand soccer player playing for Blackburn Rovers. The discussion was broadcast at about 6. 45am on Monday 23 January 2006. Complaint [2] David Cook complained to The Radio Network Ltd, the broadcaster, that the use of the word “wanker” was offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – media commentator referred to article in Investigate magazine which raised questions about the sexuality of a public figure – commentator said the named public figure was not a “poof” – allegedly in breach of good taste and decency and denigrated homosexuals FindingsPrinciple 1 (good taste and decency) – subsumed under Principle 7 – denigration of homosexuals was essence of the complaint – not upheld Principle 7 and guideline 7a (denigration) – high threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] Media commentator Phil Wallington reviewed the media on National Radio’s Nine to Noon each week during 2006. On 19 September 2006, he was highly critical of the manner in which the magazine Investigate had raised the issue of the sexuality of a public figure....

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

ComplaintBreakfast – replay of item from children’s programme What Now? – parody of political parties – "The Farty Party" – excessive use of fart jokes – breach of good taste and decency – not mindful of effect of broadcast on children FindingsStandard G2 – contextual matters – no uphold Standard G12 – Breakfast not children's normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] During the Breakfast programme broadcast on TV One on 11 November 2001, an item was replayed from the children’s show What Now? Using a parody of Breakfast presenter Mike Hosking, two of the What Now? presenters acted out the role of political party leaders in a sketch designed to give young children an idea of what was involved in electioneering....

Complaint Coca-Cola Chart Show and Coca-Cola RTR Countdown – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Kiss Kiss, Hot in Herre and Are You In? were broadcast on TV2’s Coca-Cola RTR Countdown at 6. 00pm on 20 July 2002 and on the Coca-Cola Chart Show at 10. 00am on 21 July 2002. [2] Tina Swenson complained to Television New Zealand Ltd, the broadcaster, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

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