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Decisions
AB and CD and Access Community Radio Inc - 2013-005
2013-005

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Decisions
Collier and Television New Zealand Ltd - 2002-082
2002-082

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....

Decisions
Urry and Television New Zealand Ltd - 2001-098
2001-098

ComplaintSpin City – offensive behaviour – homosexual activity – unsuitable for children FindingsStandard G2 – not offensive – no uphold Standard G12 – jokes involving homosexuality not intrinsically unsuitable for children – no uphold This headnote does not form part of the decision. Summary In an episode of Spin City, the main character discovered that a friend of his was gay. The programme featured the attraction between the friend and another gay man. It was broadcast on TV2 at 6. 30pm on 20 April 2001. Janice Urry complained to the broadcaster, Television New Zealand Ltd, that the broadcast included "situations of a distinctly homosexual nature" and "homosexual intercourse". She described the material as "disgusting", "degrading" and unsuitable for broadcast to children. TVNZ maintained that homosexuality was not a subject which should be forbidden when children were watching television....

Decisions
Durward and Television New Zealand Ltd - 2003-001
2003-001

Complaint Mo Show – interview with makers of and participants in a pornographic film – offensive – unsuitable for children FindingsStandard 1 – gratuitous sexual activities – uphold Standard 9 – not children’s normally accepted viewing time – no uphold No Order This headnote does not form part of the decision Summary [1] The making of a pornographic film near Los Angeles was shown in a segment of the Mo Show broadcast on TV2 at 10. 00pm on Tuesday 3 September 2002. The Mo Show is targeted at a young adult audience and features two New Zealand comedians presenting events they encounter in a number of countries, focusing on popular music and film. [2] Lois Durward complained to Television New Zealand Ltd, the broadcaster, that the segment about pornographic film-making near Los Angeles was offensive and unsuitable for younger viewers....

Decisions
Ashworth and Television New Zealand Ltd - 2010-156
2010-156

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

Decisions
Fibbens and RadioWorks Ltd - 2011-100
2011-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Henry Drive – referring to the name of the show segment, the host stated, “It’s time for our left right shit fight” – guest stated, “As much as this is meant to be a shit fight Sue, you are going to have to find some more subjects that we disagree on” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – low-level language used in a non-aggressive manner and in a robust talkback environment would not have surprised listeners – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Paul Henry Drive show was broadcast on Radio Live between 3pm and 6pm on Monday 20 June 2011....

Decisions
Bacon and Radio New Zealand Ltd - 2000-050
2000-050

ComplaintBookmarks – book reading – offensive language; unsuitable for children FindingsPrinciple 1 – potential breach averted by words being beeped – no language or concepts which would offend – not targeted at children – no uphold This headnote does not form part of the decision. Summary An extract from the book "They who do not Grieve" by Sia Figiel was read by her on the Bookmarks programme broadcast on National Radio on 2 December 1999 beginning at 7. 00pm. Part of the extract was masked by an audible beep. Douglas Bacon complained to Radio New Zealand Ltd that the extract read was vulgar and that he could hardly believe the "obscenities" it contained. He said he took into account that it was broadcast during the early evening when younger people could be listening....

Decisions
Boys and Radio New Zealand Ltd - 1993-070
1993-070

Download a PDF of Decision No. 1993-070:Boys and Radio New Zealand Ltd - 1993-070 PDF256. 02 KB...

Decisions
PB and TVWorks Ltd - 2007-141
2007-141

Complaint under section 8(1)(a) of the Broadcasting Act 1989South Park – episode included reference to a prank in which the character Butters was sleeping and another character, Cartman, purportedly put Butters’ penis in Cartman’s mouth and took a photo – another scene involved Cartman blindfolding Butters and trying to trick Butters into letting Cartman put his penis into Butters’ mouth – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) – item had a complex and multifaceted storyline – acts were not intended to be sexual – contextual factors – not upheld Standard 10 (violence) – broadcaster exercised sufficient care when dealing with the issue of violence – not upheld This headnote does not form part of the decision....

Decisions
Harang and Television New Zealand Ltd - 2006-098
2006-098

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – footage of parade in Auckland promoting Erotica exhibition – included bare-breasted women riding as pillion passengers on motorcycles – comments both for and against the parade – allegedly in breach of good taste and decency and the interests of children FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – warning during news item – unaccompanied children unlikely to be watching – not upheld This headnote does not form part of the decision. Broadcast [1] Footage of bare-breasted women riding as pillion passengers on motorcycles was shown in an item on One News broadcast on TV One at 6. 00pm on 23 August 2006....

Decisions
BP Oil New Zealand Limited and CanWest RadioWorks Ltd - 2005-131
2005-131

Complaint under section 8(1)(a) of the Broadcasting Act 1989Devlin Live – discussion of a press release from BP Oil explaining prices – allegedly unfair and in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – context – not upheldPrinciple 5 (fairness) – BP Communications Manager not personally attacked – not unfair – not unfair to criticise BP’s policy on fuel prices – not upheldThis headnote does not form part of the decision. Broadcast[1] On Wednesday 7 September 2005, at around 8. 45am, the host of the Radio Live breakfast show Devlin Live, Martin Devlin, made a number of critical comments about a press release from BP Oil concerning petrol prices. The host referred to the press release as “PR BS” (public relations bullshit), and offered his view that BP Oil were trying to “screw” and “root” consumers....

Decisions
Hooker and TV3 Network Services Ltd - 2002-043
2002-043

ComplaintPromo – Bitches and B*stards – offensive language – promo for AO rated programme screened at 8. 00pm – inappropriately classified FindingsStandard G2 – contextual matters – no uphold Standard G8 – promo appropriately classified – no uphold Standard G12 – taking into account classification and theme of programme in which promo screened – no uphold Standard G22 – see G8 – no uphold Standard G24 – no violent or explicit material – no uphold This headnote does not form part of the decision. Summary [1] A promo for the AO rated programme Bitches and B*stards was broadcast by TV3 at 8. 00pm on 15 November 2001, during the PGR rated programme Family Confidential. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the broadcast of offensive language at that time was unacceptable and in breach of the broadcasting standards....

Decisions
Cotterall, Curham and Chitty and Television New Zealand Ltd - 2001-037, 2001-038, 2001-039
2001-037–039

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....

Decisions
Evans and TVWorks Ltd - 2010-185
2010-185

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – story about former cricketer Shane Warne reportedly having an affair with Liz Hurley – referred to his past indiscretions and showed images of him with topless women, with their breasts blurred – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – images were brief, dark and indistinct – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 13 December 2010, reported that former Australian cricketer Shane Warne was rumoured to be having an affair with model and actress Liz Hurley....

Decisions
Chin and TVWorks Ltd - 2011-066
2011-066

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on world’s first 3D erotic film, Sex and Zen – included clips from the movie – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – legitimate news story – contextual factors – not upheld Standard 9 (children’s interests) – film clips were effectively censored – unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] An item during 3 News, broadcast on TV3 at 6pm on 5 May 2011, reported on the opening of the world’s first 3D erotic film, Sex and Zen. The item was introduced as follows: Thanks to Avatar, when people think of 3D films they probably conjure up the colour blue....

Decisions
Kidd and Television New Zealand Ltd - 2011-145
2011-145

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rugby World Cup Semi-Final: France v Wales – commentator used the word “Jesus” with reference to Wales being given a penalty kick – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 1 (good taste and decency) – “Jesus” used as exclamation and spontaneous reaction during a live sports programme – not used in derogatory or abusive manner – contextual factors – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During the Rugby World Cup Semi-Final between France and Wales, broadcast on TV One at 8....

Decisions
Walker, Noble, Carter, Siew and Grainger and Television New Zealand Limited - 1999-180–1999-186
1999-180–186

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

Decisions
Lotriet and TVWorks Ltd - 2009-023
2009-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back of the Y – programme contained substantial amount of coarse language and staged violence – mocked religion – skit in which a character playing Jesus Christ was beaten up by another playing Santa Claus – skit called ‘Pooman and Wees’ in which the character Pooman threw imitation faeces at his enemies and showed his bottom and genitals from behind – scene where woman was sprayed with imitation faeces and licked some off her hands – character Wees tried to clean the faeces off her by spraying her with imitation urine, but sprayed himself instead – skit called ‘Smoodiver’ in which the male character was shown apparently masturbating – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – episode contained material and themes that were in bad taste – cumulative effect of material – contextual factors favouring…...

Decisions
Brown and Television New Zealand Ltd - 2009-085
2009-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q+A – panel discussion about immigration policy in New Zealand – one panellist stated that meeting immigration criteria was not an easy process and included a test for syphilis – host responded “How did the test turn out? I’m sorry! ” – allegedly in breach of good taste and decency, privacy and children’s interests FindingsStandard 1 (good taste and decency) – question was light-hearted and intended to be humorous – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 9 (children’s interests) – unaccompanied children unlikely to watch news programmes – host’s question would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision....

Decisions
Kavanagh and Television New Zealand Ltd - 2013-033
2013-033

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – item reported on Labour MP Shane Jones throwing a “Lazarus party” to mark his return to the front bench – presenter commented, “Leaving aside anything about resurrections and dodgy movies in hotels, Shane Jones is actually known for referring to himself in the third person” – presenter’s comment allegedly in breach of good taste and decency, and discrimination and denigration standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration) – presenter did not make any reference to Christ and nothing in the broadcast would have offended or distressed viewers, or encouraged discrimination or denigration against Christians as a section of the community – not upheld This headnote does not form part of the decision....

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