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Decisions
Hooker and Television New Zealand Ltd - 2002-034
2002-034

ComplaintPromo – 60 Minutes – "pissed off" – offensive language – incorrect classification – broadcaster not mindful of the effects of broadcast on children – broadcaster not mindful of explicit material in promo FindingsStandard G2 – context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for 60 Minutes was broadcast on TV One at 6. 50pm on 10 November 2001. The promo was for an item on Dean Barker, New Zealand’s America’s Cup skipper. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about Mr Barker’s use in the promo of the phrase "pissed off". [3] TVNZ declined to uphold the complaint....

Decisions
McDonald and Television New Zealand Ltd - 2005-003
2005-003

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up at 7 item – item on “schoolies” week in Queensland, Australia – item included scenes of alcohol consumption, “mooning” and partying – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – item was newsworthy – mildly offensive conduct in this context did not amount to a breach of the standard – Not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7, shown on TV One at 7pm on 6 December 2004, reported on “schoolies” week in Queensland, and showed newly graduated high school students gathering at beach resorts on the Gold Coast for a week of celebrations. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item had breached broadcasting standards....

Decisions
Schwabe and Television New Zealand Ltd - 2001-033
2001-033

ComplaintOne News – Hector dolphins on the Avon river – comment from observer – "just watching dolphins…sitting like a dork in the rain – use of term "dork" offensive Findings Standard G2 – no breach of good taste and decency – no uphold This headnote does not form part of the decision. Summary The word "dork" was used by a man interviewed during an item on Hector dolphins, broadcast on One News on 28 November 2000 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word dork, which he described as a "gutter word for penis" was irrelevant to the appearance of the dolphins. He contended that it should not have been broadcast in an early evening item of high interest to children....

Decisions
Knight and TVWorks Ltd - 2008-137
2008-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported that a man had been found guilty of murdering another man then eating parts of the murdered man’s body – provided details of the man's cannibalistic act – allegedly in breach of good taste and decency, programme classification, children’s interests and violence Findings Standard 10 (violence) – item contained graphic and violent details of a murder and cannibalism – required a specific warning – upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – upheld Standard 7 (programme classification) – standard not applicable – not upheld Standard 1 (good taste and decency) – subsumed into consideration of children's interests and violence No Order This headnote does not form part of the decision....

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
Beston and The RadioWorks Waikato - 1998-157
1998-157

SummaryAn episode of a popular sitcom, in which a character was portrayed using his former girlfriend’s name when taking his marriage vows, was discussed on The Edge at 7. 30am on 20 August 1998. Listeners were invited to discuss what they would do in a similar situation. One male caller said "I’d give her a slap around", to which the host DJ responded "That’s a bit rough mate, isn’t it? "Ms Beston complained to the RadioWorks Waikato, the broadcaster, that the exchange was offensive, and contended that the DJ’s casual response had tacitly condoned violence against women. In her view, the call should have been terminated before the comments were broadcast. She sought an apology from the station. In response, The RadioWorks advised that it considered the host’s response was a natural one which had not in any way endorsed the statement made by the caller....

Decisions
Coates and Television New Zealand Ltd - 2009-116
2009-116

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

Decisions
Miller and TVWorks Ltd - 2008-037
2008-037

Complaint under section 8(1B)(b )(i) of the Broadcasting Act 1989Californication – episode contained language, simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld No Order This note does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody. [2] The episode revolved around the relationship between Hank and his good friend and agent Charlie who had recently separated from his wife and temporarily moved in with Hank....

Decisions
Malcolm and Television New Zealand Ltd - 1997-107
1997-107

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-107 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN MALCOLM of Pukerau Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Watkins and The RadioWorks Ltd - 2001-071–084
2001-071–084

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Decisions
Family First New Zealand and TVWorks Ltd - 2011-071
2011-071

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – contained frequent coarse language – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – language was consistent with viewer expectations of the programme – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Californication was broadcast on TV3 at 9. 30pm on Monday 18 April 2011. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Between 9. 30pm and 10pm, characters used the following words and phrases: “fucking” (16 times) “fucked up” “fuck” (6 times) “bitch” “shit” (8 times) “asshole” (2 times) “shitty” (2 times) “balls” (3 times) “you smell like you just walked out of a fisting contest” “forced anal” (2 times) “motherfucker” “cock” “bullshit”....

Decisions
Schwabe and Television New Zealand Ltd - 2002-013
2002-013

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....

Decisions
Woodgate and The Radio Network Ltd - 2014-051
2014-051

Summary [This summary does not form part of the decision. ]During the KPMG Early Edition, the female host was asked, in reference to her interview with Kim Dotcom at his mansion, ‘What room did you do him in? ’ The Authority did not uphold the complaint that the comment breached standards of good taste and decency. It was in the nature of innuendo and was intended to be light-hearted and humorous rather than offensive or degrading to the host. Not Upheld: Good Taste and DecencyIntroduction [1] During the KPMG Early Edition the female host and a male guest discussed the host’s visit to Kim Dotcom’s mansion. Referring to the host’s interview with Mr Dotcom, the guest asked her, ‘What room did you do him in? ’ The comment was broadcast at 5. 55am on Newstalk ZB on 28 March 2014....

Decisions
Stephens and 95bFM - 1993-111
1993-111

Download a PDF of Decision No. 1993-111:Stephens and Radio 95bFM - 1993-111 PDF290. 74 KB...

Decisions
Atkinson and TV3 Network Services Ltd - 1992-084
1992-084

Download a PDF of Decision No. 1992-084:Atkinson and TV3 Network Services Ltd - 1992-084 PDF309. 13 KB...

Decisions
Watts and Television New Zealand Ltd - 2005-029
2005-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – visit to Wellington by Prince Charles – two topless women protesters shown – allegedly in breach of good taste and decency and children’s interestsFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 8 March 2005 reported on the visit to Wellington by Prince Charles. The item included a public function which had been disrupted by two women protesters, both of whom were topless. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had not maintained standards consistent with the observance of good taste and decency or children’s interests....

Decisions
Cozens and Television New Zealand Ltd - 2005-102
2005-102

Complaint under section 8(1)(a) of the Broadcasting Act 1989Bogan’s Heroes – extreme satire about prison life – allegedly in breach of standards relating to good taste and decency and violenceFindingsStandard 1 – majority considers contextual factors sufficient to avoid a breach – not upheld Standard 10 – majority considers violence unrealistic and farcical – not upheldThis headnote does not form part of the decision. Broadcast [1] On 20 July 2005 at 11. 25pm, TV2 broadcast Bogan’s Heroes, a satire about criminals and life in prison. Complaint [2] Mr Cozens complained to Television New Zealand Ltd, the broadcaster, that the programme was tasteless and offensive. He noted that the programme was described in the Listener as an AO-rated “extreme prison based comedy”. [3] He considered that the programme was excessively violent, indecent, and extremely offensive....

Decisions
O'Neill and TVWorks Ltd - 2009-042
2009-042

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Decisions
Mackenzie and Smith and Television New Zealand Ltd - 2004-167
2004-167

Complaints under section 8(1)(a) of the Broadcasting Act 1989Tomorrow La Scala! – Lexus Sunday Theatre – operetta company in maximum security prison using prisoners to rehearse and perform the musical “Sweeney Todd” – included scenes of male rape and consensual heterosexual intercourse, and use of word “fuck” – alleged excessive violence, alleged offensive behaviour and language, and unsuitable for childrenFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – not screened in children’s normal viewing time – not upheld Standard 10 (violence) and Guideline 10d – violence was graphic but acceptable given theme of play and care shown with detailed warning – not upheld Comment Authority to consult further on arguments for more explicit warnings This headnote does not form part of the decision. Broadcast [1] Tomorrow La Scala! was broadcast on TV One’s “Lexus Sunday Theatre” beginning at 8....

Decisions
Painting and TV3 Network Services Ltd - 2000-040
2000-040

SummaryAn episode of British Sex was broadcast on TV3 at 9. 30pm on 28 October 1999. This series was publicised as a programme with a straight talking approach to all things sexual, which featuring "ordinary" people. Daphne Painting complained to TV3 Network Services Ltd, the broadcaster, that the programme was "a polluting intrusion and desecration of [her] home". She complained particularly about footage of a "body caster", who modelled body parts, including genitalia, which she described as "reprehensible in the extreme". She also stated her opinion that the programme’s effect on children would be to "corrupt" them. TV3 responded that British Sex was AO rated, screened an hour after the AO watershed, and was preceded by a written and verbal warning. It did not consider that the "body caster" segment was unacceptable in that context, commenting that the castings were non-sexual, and were neither lewd nor degrading....

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