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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 111/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-188 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET CHAPMAN of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

ComplaintRadio Pacific – host Bill Ralston – offensive references to Australian “brown nosing” and “bending over” for the Americans – gutter language FindingsPrinciple 1 and Guideline 1a – context – colloquial language – robust environment – no uphold This headnote does not form part of the decision. Summary [1] The attitude of one senior Australian politician to New Zealand’s approach to ANZUS was commented upon by the talkback host (Bill Ralston) on Radio Pacific at about 10. 00am on 18 March 2002. The host used the terms “brown nosing” and “bending over for the Americans” in describing the attitude of the Australian Government to ANZUS and to the United States. [2] Bob Syron complained to The RadioWorks Ltd, the broadcaster, that the expressions referred to sexual activities and were extremely offensive....

ComplaintNewstalk ZB – offensive language – socially irresponsible – racist – cocky nigger FindingsPrinciple 1 – majority finding that broadcast breached good taste – uphold Principle 7 – broadcast did not encourage denigration of/discrimination against Africans/African-Americans – no uphold OrderNo penalty This headnote does not form part of the decision. Summary Newstalk ZB’s morning talkback show on 15 September 2000 included an item about a press conference with boxing legend Muhammad Ali, held at the Olympic Games in Sydney the previous day. During the item, the host used the words "cocky nigger" when referring to Muhammad Ali at the time of his gold medal win at the Rome Olympics in 1960. Jason Ake, Lewis Scott and Mrs A Reeves complained to The Radio Network Limited, the broadcaster, that the words "cocky nigger" breached standards of good taste and decency, and were derogatory and socially irresponsible....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT – hosts interviewed the Prime Minister by telephone – one host joked that they were doing a phone interview because the Prime Minister used to suffer from polio and could not travel to the studio – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – comments obtuse and clumsy – attempt at humour – comments intended to rib Prime Minister and did not extend to all people who suffered from polio or immobility – within broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] During the Willie and JT programme, broadcast on Radio Live on the afternoon of 8 February 2011, the hosts Willie and JT discussed an imminent telephone interview with the Prime Minister John Key....

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nestle New Zealand’s Hottest Home Baker – baking competition – contestant exclaimed, “Oh my ring went into the cream! ” – host replied, “Usually it’s the other way round” – allegedly in breach of good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – comment was fleeting and unclear – programme broadcast in AO time – not upheld Standard 8 (responsible programming) – rest of the material was acceptable in a G programme – comment would have gone over the heads of child viewers – correctly rated G – screened outside of children’s viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Nestle New Zealand’s Hottest Home Baker was broadcast on TV3 at 8. 30pm on Thursday 25 February 2010....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item on a strip club package for supporters of Lions rugby tour – naked women shown playing pool – demonstration of lap dancing – bedroom with mirrors shown – allegedly offensive, inappropriately classified and unsuitable for children – presenter said “stuff you bitch” at end of programme about another matter – allegedly offensiveFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – not applicable to news and current affairs – not upheld Standard 9 (children’s interests) – sufficient earlier indications of focus of item – not upheldThis headnote does not form part of the decision. Broadcast [1] The package offered by a strip club for Lions rugby supporters was covered in an item on Holmes broadcast on Prime at 7. 00pm on 24 May 2005....

The Authority has not upheld a complaint about a broadcast of the song Long Gone by Six60, which included four instances of the line ‘Someday, when you give a fuck’, censored so the word ‘fuck’ was partially silenced. In the context, including the nature of the programme and intended audience, the Authority found the song was unlikely to have caused widespread undue offence or distress, or harm to children. Not Upheld: Good Taste and Decency, Children’s Interests...

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

The Authority did not uphold a complaint that the use of the word ‘douche’ following an interview with Hannah Tamaki breached the good taste and decency standard. The complaint was that Mrs Tamaki was referred to as a ‘douche’, which was not an acceptable way to refer to a woman. The Authority noted that the word was used on two occasions. The first use of the word originated from audience feedback saying Mrs Tamaki was ‘on the same page as [Donald Trump]; and that ‘Trump’s a douche’. The host’s later comment promoting an upcoming item – ‘from douches to [chef] Nadia Lim’ – was ambiguous as to whether or not it was intended to refer to Mrs Tamaki. In any event, the Authority did not consider the use of the word threatened community standards of good taste and decency in the context. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint that a satirical segment would have been offensive to Christians. The segment was an imagined promo for reality show The Block, set in Jerusalem and featured contestants who shared the names of biblical figures, including Jesus, Mary, Joseph, Thomas and Judas. The promo was broadcast on Good Friday. The Authority did not consider the broadcast’s content would have unduly offended or distressed the general audience, and it did not reach the high threshold necessary for finding it encouraged the denigration of, or discrimination against, Christians as a section of the community. The broadcast did not cause actual or potential harm at a level which justified limiting the right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an episode of Breakfast, in which the hosts and viewer feedback discussed people stealing at supermarket self-service checkouts by putting in the wrong code for items they are purchasing. The Authority found the programme did not actively encourage viewers to steal or break the law in breach of the law and order standard. Across the programme as a whole, the hosts and viewers offered a range of views on the ethics of stealing at self-checkouts, including strong views against such behaviour, and clearly acknowledged it was ‘theft’ and illegal. The tone of the discussion was consistent with audience expectations of Breakfast and its hosts, and would not have unduly offended or distressed viewers, so the good taste and decency standard was also not breached....

Download a PDF of Decision No. 1992-028:Meyrick and TV3 Network Services Ltd - 1992-028 PDF215. 88 KB...

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

Warning: This decision contains language that some readers may find offensive. The Authority has upheld a complaint that the frequent use of ‘fuck’ (and variations) during A Life on the Road breached the good taste and decency standard. The episode featured Brian Johnson of AC/DC talking to Lars Ulrich of Metallica about touring in the early 90s, along with footage from the tours and interviews with Metallica crew and fans. It was broadcast at 12pm with a ‘PGL’ rating (Parental Guidance; language may offend). The Authority found this did not provide sufficient reliable information to signpost the level and frequency of language in the programme and did not give the audience an adequate opportunity to exercise choice and control – meaning they were more likely to be surprised and offended by the content....