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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-138 Decision No: 1997-139 Dated the 13th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by Mrs B of Napier Broadcaster H B MEDIA GROUP LTD of Hastings S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-078 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by T A JOHNSON of Ravensbourne Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintKeeping Secrets – documentary – strip club - nudity – warning insufficient – offensive behaviour – not mindful of children Findings(1) Standard G2 – warning – 9. 30pm – AO – nudity not focus – no full frontal nudity – no uphold (2) Standard G12 – 9. 30pm not "normally accepted" children’s viewing time – no uphold This headnote does not form part of the decision. Summary The documentary Keeping Secrets was broadcast on TV3 on 12 January 2000 at 9. 30pm. The documentary was about the opening of a second "Secrets" table dancing club in London. Kristian Harang complained to TV3 Network Services Ltd, the broadcaster, that the broadcast showed "strip club" scenes and nudity. He contended that the content transgressed broadcasting standards relating to good taste and decency and the protection of children....

ComplaintDocumentary New Zealand: "The Real New Zealand" – gay homestay – promotion of homosexuality – omission of information and warning about sexually transmitted diseases – unbalancedFindings(1) Standard G2 – action taken sufficient – no uphold (2) Standard G6 – no uphold (3) Standard G20 – no uphold This headnote does not form part of the decision. Summary An episode of Documentary New Zealand: "The Real New Zealand" about New Zealand homestays included a segment about a homestay designed for gay visitors. The programme was broadcast on TV One at 8. 30pm on 21 August 2000. Dennis Walker complained to Television New Zealand Ltd, the broadcaster, about the footage, which he considered promoted homosexuality and contained scenes of nudity among homosexuals which would have been offensive to a majority of viewers....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Four promos broadcast prior to 8. 30pm – three for programme Bad Girls – one for quiz show How Normal Are You? – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – Bad Girls – material suitable to be rated PGR – not upheld – How Normal Are You? – material suitable to be rated G – not upheld by majority Standard 9 (children’s interests) – Bad Girls – material appropriate to be rated PGR – not upheld – How Normal Are You?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about how people use public toilets – discussed how the news presenter's mother used to help him go to the toilet when he was a child – talked about suction toilets on trains in America – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – host's comments were light-hearted and intended to be humorous – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6. 30am and 9am on 20 April 2009, the hosts referred to a germ expert who had been interviewed earlier in the programme. This led one of the hosts to talk about the different methods people use to avoid germs in public toilets....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Graeme Hill Show – included commentary from well-known atheist Pat Condell – Mr Condell made negative statements about religion and those who hold religious beliefs – allegedly in breach of good taste and decency, controversial issues and denigration and discrimination standards Findings Standard 1 (good taste and decency) – contextual factors – Bill of Rights Act – not upheld Standard 7 (discrimination and denigration) – comments lacked the necessary invective to reach the threshold for encouraging denigration – not upheld Standard 4 (controversial issues – viewpoints) – segment was an opinion piece – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Graeme Hill Show was broadcast on Radio Live at approximately 12. 55pm on Saturday 5 September 2009....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved kidnap of three teenage girls – kidnapper told girls that only two of them could leave alive, and they would have to kill the third girl – intended victim struck and killed the girl who was preparing to kill her – 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] An episode of Criminal Minds, a fictional drama series about the FBI’s Behavioural Analysis Unit, was broadcast at 8. 30pm on TV One on Thursday 8 November 2007. The storyline involved the abduction of three teenage girls who were held captive in a cellar....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Dancing with the Stars – remarks made by hosts considered offensive and blasphemous – allegedly in breach of standards relating to good taste and decencyFindingsStandard 1 (good taste and decency) – comments mild and light hearted – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Dancing with the Stars on 19 June 2005 at 8. 30pm. The two hour special was the finale of an ongoing ballroom dancing competition which partnered New Zealand celebrities with professional dancers. The show was hosted by a female dancer and a well known male television personality. [2] At one point in the show, the male host made a remark about a performance, commenting “on a Sunday too! ”, followed by “Hail Mary!...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9. 30pm on 22 June 2005. The series was set in a fictional Vatican City (called Popetown), and was centred around a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] During the episode on 22 June 2005, Father Nicholas became a wrestling hero after accidentally knocking out pro-wrestler “Ivan the Invincible”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Tonight – headline used phrase “… National extends its middle finger…” – allegedly breached requirement for good taste and decencyFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The following headline was broadcast on Tonight, which screened on TV One at 10. 35pm on 10 March: The Government extends the hand of cooperation over race issues but National extends its middle finger in response. The headline referred to a refusal by National Party leader Dr Brash to the Government’s invitation to take part in a proposed inquiry into race issues. Complaint [2] Mrs Harrison complained that the headline breached standards of good taste and decency....

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

ComplaintAssignment – preview of following week’s item of state of New Zealand railways – interviewees use words "bugger" and "shit-house" – breach of good taste and decency FindingsS. 4(1)(a) – language acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] The closing segment of Assignment broadcast on TV One on 18 October 2001 at 8. 30pm previewed an item to be broadcast the following week about the state of New Zealand’s railways. One of the interviewees used the word "bugger" and another used the word "shit-house". [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the broadcast of the language was "deliberate gutter television" and contrary to good taste and decency....

ComplaintOffice Goss – The Edge – caller claimed that a school principal was a lesbian in relationship with another teacher – breach – good taste – privacy – fairness – accuracyFindingsNo tape available – decline to determine – s. 11(b) – warningName of complainant and town of residence deleted to preserve privacyThis headnote does not form part of the decision. Summary[1] To protect the privacy of the persons referred to in this complaint, the Authority makes an order deleting reference to the complainant other than by initials, and deleting reference to the town from which the complaint emanated. [2] The programme Office Goss was broadcast by The Edge. In the programme broadcast between 7. 30–8....

ComplaintDrama Priest – depiction of homosexual sexual activity – incest – blasphemy – offensive behaviour – offensive language FindingsStandard G2 – programme started at 9. 10pm – warnings – no explicit sexual behaviour – no breach This headnote does not form part of the decision. Summary A British drama entitled Priest was broadcast on TV One at 9. 10pm on 11 November 2000. It highlighted the inner conflict experienced by a priest as he tried to reconcile the contradictory demands of his faith and his homosexuality. Ken Francis complained to Television New Zealand Ltd, the broadcaster, that scenes which depicted homosexual sexual activity were offensive and breached broadcasting standards. The film also contained incest and blasphemy themes, he noted, which he also found offensive....

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skoda Game On – Extra Time – contained interview with a New Zealand weightlifter – interviewer left chalk handprints on the backside of the weightlifter’s tracksuit pants – weightlifter bench-pressed interviewer after which she commented on how "rock hard" his body was – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Skoda Game On – Extra Time, broadcast on TV One at 1pm on Sunday 15 August 2010, included an interview with a Russian-born New Zealand weightlifter who was part of the New Zealand Commonwealth Games team....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – montage of footage from earthquake and tsunami in Japan – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – montage showed poignant images depicting international news event – music accompanying the images did not glorify or detract from the disaster – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Campbell Live, broadcast on TV3 at 7pm on 15 March 2011, concluded with a montage of footage, accompanied by music, from the earthquake and tsunami that devastated Japan on 11 March. Complaint [2] Peter Young made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the “sequence of footage of the Japan tsunami in slow motion and accompanied by ethereal mood music” breached standards relating to good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Date My Ex – reality series broadcast at 3pm contained footage of people drinking alcohol – allegedly in breach of good taste and decency, responsible programming, liquor and children’s interests standards FindingsStandard 11 (liquor) – presence of liquor in the programme was extremely brief and alcohol consumption was not glamorised – content did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – programme correctly rated PGR – did not contain any material which warranted a higher rating of AO – not upheld Standard 1 (good taste and decency) – programme’s content would not have offended the majority of viewers – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....