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Decisions
Wilson and Television New Zealand Ltd - 2013-069
2013-069

Summary [This summary does not form part of the decision. ]A One News item reported highlights of the ‘2013 MTV Video Music Awards’ and included footage of a female artist, Miley Cyrus, performing a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was inappropriate for broadcast during the news. The footage, while not to everyone’s taste, was relatively brief in the context of the item, which featured a number of highlights, and gave a flavour of what had occurred without being gratuitous. The inclusion of the footage was relevant in illustrating why the performance had generated worldwide media attention. Overall, the item was acceptable in the context of an unclassified news programme targeted at adults....

Decisions
Grimshaw and New Zealand Media and Entertainment - 2014-136
2014-136

Summary [This summary does not form part of the decision]During the Hauraki Breakfast Show, the hosts made comments about two weather presenters, describing one as having 'charm pissing from every pore' and another as having 'a great rack'. The Authority did not uphold the complaint that the comments breached standards of good taste and decency. The discussion was consistent with the style of content and humour regularly broadcast on Radio Hauraki and would not have unduly surprised or offended the station's target audience. Not Upheld: Good Taste and DecencyIntroduction[1] During the Hauraki Breakfast Show, the hosts discussed weather presenter Jim Hickey's retirement. One of the hosts described Mr Hickey as having 'charm pissing from every pore'. The hosts were less complimentary about the female weather presenter taking over from Mr Hickey, but commented that she had 'a great rack, though'....

Decisions
Stewart and Television New Zealand Ltd - 2017-093 (16 February 2018)
2017-093

Warning: This decision contains language that some readers may find offensive. Summary[This summary does not form part of the decision. ]During an episode of the crime thriller series Paula, one of the characters used the phrase ‘Jesus fucking Christ’. The Authority did not uphold a complaint that the use of this phrase in the context of the programme breached the good taste and decency standard. The Authority acknowledged that many people may find this phrase offensive. However, taking into account the nature of the programme, the pre-broadcast warning for frequent use of coarse language, the Adults Only classification, the time of broadcast and audience expectations of the programme, the Authority did not consider the use of the phrase threatened community norms of taste and decency, or justified restricting the right to freedom of expression....

Decisions
Archer and Pirate FM - 1996-026, 1996-027
1996-026–027

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
McGuckian and Television New Zealand Ltd - 2005-032
2005-032

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Game of Two Halves – hosts said “Christ Almighty” and “Jesus” – allegedly blasphemous and in breach of good taste and decencyFindings Standard 1 (good taste and decency) – alternative definition to words to that alleged by complainant – use of words in such manner not offensive generally – not upheldThis headnote does not form part of the decision. Broadcast [1] A Game of Two Halves screened on TV One at 9. 30 pm on 28 March 2005. The programme is a weekly sports quiz show featuring two teams of various sporting personalities. The teams are headed by well known sporting personalities Marc Ellis and Matthew Ridge. During the programme, the contestants used the words “Christ Almighty” and “Jesus”. Complaint [2] Frank McGuckian complained that the words “Christ Almighty” and “Jesus” were used as “intended expletives”....

Decisions
Payne and 3 Others and Television New Zealand Ltd - 2004-015–2004-018
2004-015–018

ComplaintEating Media Lunch – satirised television series Target which uses hidden cameras to watch workmen in a private house – workers behaved in crude and coarse manner which the complainants regarded as offensive FindingsStandard 1 – majority – satirical context – not upheld – minority – overstepped boundaries despite satire – upheld This headnote does not form part of the decision Summary [1] The Target series was satirised during Eating Media Lunch broadcast on TV2 at 9. 30pm on 25 November 2003. Target often uses hidden cameras to portray the sometimes offensive behaviour of workmen who believe they are alone in a private home. Eating Media Lunch is a series which sets out to satirise and parody aspects of the media. The behaviour suggested in the Target parody included telephone sex, drug use, masturbation, defecation and urination....

Decisions
Mitchell and Wolf and The Radio Network Ltd - 2004-113, 2004-114
2004-113–114

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Decisions
Harang and Turner and Television New Zealand Ltd - 1998-062, 1998-063
1998-062–063

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-062 Decision No: 1998-063 Dated the 18th day of June 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by KRISTIAN HARANG of Auckland and KATE AND DAVID TURNER of Upper Hutt TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Painter and Taylor and Television New Zealand Ltd - 2009-155
2009-155

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with actress Keisha Castle-Hughes and director Niki Caro about their new film The Vintner’s Luck – references to sex – showed scenes from the film of the main characters passionately kissing and the male character putting his head up the female’s skirt – allegedly in breach of good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – sex scene was gratuitous in a current affairs programme at 7pm – unsuitable for children – upheld – language was vulgar slang unexpected in this type of programme – borderline but not upheld Standard 1 (good taste and decency) – sex scene was not sufficiently discreet for PGR timeslot – upheld – language borderline but acceptable – not upheld No Order This headnote does not form part of the decision....

Decisions
Cooke and Television New Zealand Ltd - 2010-002
2010-002

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reporter allegedly made the comment “a line of fools” – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) and Standard 3 (privacy) – material complained about not in broadcasts identified by complainant – decline to determine under section 11(b) of the Broadcasting Act 1989 No Order This headnote does not form part of the decision. Broadcast [1] Episodes of One News were broadcast on TV One at 6pm on 19 and 20 October 2010. Complaint [2] P David J Cooke complained to Television New Zealand Ltd, the broadcaster, alleging that, during a news item, reporter Miriama Kamo had referred to a group of people as “a line of fools”....

Decisions
Authier and Television New Zealand Ltd - 1999-172
1999-172

Summary The film Primal Fear was broadcast on TV2 at 8. 30pm on 11 July 1999. It concerned the trial of a young man accused of the murder of a Roman Catholic archbishop. Aaron Authier complained to Television New Zealand Ltd, the broadcaster, that the film was an attack on Christianity. He said he objected to the blasphemous language used and the manner in which Catholic clergy had been represented in the film. In his view, it should have been preceded with a warning about its content. TVNZ responded by noting that the film was classified as AO and was screened during AO time. Furthermore, it was preceded by a warning which emphasised that it was intended for adult audiences. To the complaint that the film discriminated against Catholics and misrepresented the clergy, TVNZ responded by reminding the complainant that the film was a work of fiction....

Decisions
Schwabe and Television New Zealand Ltd - 2000-156
2000-156

ComplaintStrassman – ventriloquist – offensive language – fuck – wank – blasphemyFindingsStandard G2 – AO – warning – context relevant – no uphold Cross ReferenceDecision No: 2000-137 This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 18 July 2000 used the word "fuck" and its derivatives when in conversation with his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In particular he said he was offended by the use of the word "fuck", which he said was a macho term which unashamedly denigrated women and instilled an "antisocial and dangerous attitude towards women". As he had received no response from TVNZ, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Buckingham and Television New Zealand Ltd - 2002-185
2002-185

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

Decisions
Bannatyne and The RadioWorks Ltd - 2002-055
2002-055

ComplaintThe Edge – listeners asked to call station mid afternoon – hot topic – frequency of sex – reference to self pleasure and pain of some sexual experiences – offensive and inappropriate for children – recommended uphold by broadcaster as inappropriate for children – Principle 7 and guideline 7a – announcer spoken toFindingsPrinciple 1 – adult topic during children’s normal viewing times – context and Bill of Rights – no upholdPrinciple 7 guideline 7a – agree with broadcaster’s recommendation – uphold – no orderThis headnote does not form part of the decision. Summary[1] The frequency of sex was the "hot topic" for the listener phone-in programme broadcast by The Edge from 4. 05pm on 29 November 2001. One caller asked if the topic included self-pleasure, and another said frequent or long sexual encounters could be painful....

Decisions
Preston and Television New Zealand Ltd - 2012-022
2012-022

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Last House on the Left – horror movie contained scene which showed the violent rape of a young teenage girl – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – rape scene was justified by the movie’s “external” and “narrative” context – viewers were provided with sufficient information to regulate their own viewing behaviour – not upheld Standard 10 (violence) – contextual factors – rape scene was not gratuitous or designed to titillate – explicit warning for graphic and sexual violence – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Introduction [1] The Last House on the Left, a remake of a 1972 horror movie by Wes Craven, was broadcast on TV2 at 10....

Decisions
Hooker and TV3 Network Services Ltd - 2002-036
2002-036

ComplaintThe Waterboy promo – nudity – incorrect classification – broadcaster not mindful of effect of broadcast on children Findings Standard G2 –context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold; standard G22 – G rating correct – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for the movie The Waterboy was broadcast on TV3 on 19 October 2001 at 6. 40pm, during a broadcast of 3 News. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the promo showed one of the characters featured in the movie "pull[ing] down his trousers and exposing his buttocks". [3] TV3 declined to uphold the complaint....

Decisions
Ranger and Radio New Zealand Ltd - 2012-080
2012-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989All Night Programme – reviewed book about events during World War II – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – review did not minimise the horror of the Holocaust or the events depicted in the novel – book presented as a historical fictional novel that was a blend of fact and fiction – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] During the All Night Programme, broadcast on Radio New Zealand National on 9 May 2012, a guest reviewed a book called “Himmler’s brain is called Heydrich”, written by Laurent Binet. The book is in the genre of historical novel where a fictional account is written around an historical event....

Decisions
Bergman and TVWorks Ltd - 2013-013
2013-013

Complaint under section 8(1C) of the Broadcasting Act 1989Promo for The Graham Norton Show – promo for Christmas special showed a photograph of a couple dressed as Mary and Joseph holding a dog in swaddling clothes – allegedly in breach of broadcasting standardsFindingsStandard 1 (good taste and decency) – content was a light-hearted attempt at humour – would not have offended most viewers in context – innocent lampooning of religious figures comes within the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – content was a light-hearted attempt at humour as opposed to a criticism of Christians – content did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheldThis headnote does not form part of the decision....

Decisions
Miller and Television New Zealand Ltd - 2011-007
2011-007

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Liam – promo for AO-classified film broadcast during G-rated cooking show – allegedly in breach of standards relating to good taste and decency, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – promo was correctly classified – broadcaster adequately considered interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the AO-rated film Liam was broadcast on TV One on Thursday 18 November 2010 during Masterchef Australia, a reality cooking show which was rated G and screened at 4. 55pm. The 33-second promo consisted of a montage of scenes involving a young boy....

Decisions
Harang and Television New Zealand Ltd - 2003-033
2003-033

ComplaintHot Property – amateur male strip to raise money for club house – 5. 30pm – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 – not likely to upset or disturb children – no uphold This headnote does not form part of the decision Summary [1] Hot Property is an Australian series about real estate sales. A sequence in which members of a men’s soccer club performed an amateur striptease to raise money for a clubhouse was included in the episode broadcast on TV One at about 5. 30pm on 31 December 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that it was offensive to screen a male strip sequence at 5. 50pm, in which naked backsides were shown clearly, without a warning....

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