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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-110 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W M MOORE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

SummaryA segment on consumer rights relating to boundary fences was included in Target broadcast on TV3 on 29 August 1999 beginning at 7. 00pm. A brief shot of a man’s buttocks was seen in a skit performed by two actors. Dawn Shelford, on behalf of Preserving Communication Standards Trust Inc, complained that she and the members of her group found this segment objectionable. She said they did not consider it appropriate for this segment to have been included in a consumer rights programme as it was "a kind of titillation based on public indecency". TV3 responded that the 7-second view of the actor’s bare bottom was in its view acceptable in the context. It did not agree that the scene was objectionable and exceeded community standards of decency. It declined to uphold the complaint. For the reasons given below, the Authority declines to determine the complaint....

ComplaintFlirting with Disaster – comedy movie – scene during which wife and husband engage in oral sex while he holds their baby – bad taste – unsuitable for children FindingsStandard G2 – context – no uphold Standard G12 – upheld by TV3 – action taken sufficientThis headnote does not form part of the decision. Summary [1] Flirting with Disaster, a comedy movie, was broadcast on TV3 at 8. 30pm on 10 August 2001. [2] Jackie Shields complained to TV3 Network Services Ltd, the broadcaster, about a scene during the movie where the main character’s wife appears to be engaging in oral sex while he holds their baby. She considered this material was "totally unacceptable" at the time it was broadcast, and unsuitable for children. [3] TV3 declined to uphold the standard G2 aspect of the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with Larry Baldock about the citizens-initiated referendum on smacking – host asked the interviewee a question nine times challenging him to give an answer – host interrupted interviewee on several occasions – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – host played the role of devil’s advocate – significant points of view presented – not upheld Standard 5 (accuracy) – item did not mislead – not upheld Standard 6 (fairness) – interviewee was robustly challenged and given an adequate opportunity to express his views – not upheld Standard 7 (discrimination and denigration) – standard not applicable – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) Promo for F**k Off I’m Small – use of “F**k Off” in the promo – promo screened during PGR-rated programme – allegedly in breach of good taste and decency and programme classification standards Findings Standard 1 (good taste and decency) – swear word was not said or spelled out – contextual factors – not upheld Standard 7 (programme classification) – promo should have been rated PGR but was appropriately screened during PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme F**k Off I’m Small was broadcast on Tuesday 13 November 2007 at 7. 55pm on TV One during Coronation Street. F**k Off I’m Small was advertised as the premiere episode of a documentary series entitled Real Life, which was to screen at 9. 30pm on Wednesday....

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, unfair, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Nine to Noon – commentator (Hana O’Regan) compared the impact of views of the leader of the National Party (Dr Brash) to those of Hitler – allegedly offensive, irresponsible, unbalanced, unfair and inaccurateFindings: Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – another perspective on extensively debated controversial issue – not upheld Principle 5 (fairness) – focus of comparison on process, not policy – not upheld Principle 6 (accuracy) – limited factual comparison accurate – not upheldThis headnote does not form part of the decision. Broadcast [1] Commentator Hana O’Regan was interviewed by the presenter (Linda Clark) on National Radio’s Nine to Noon between 9. 54 and 10. 00am on 11 February 2004....

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1, Guideline 1a – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 14 May 2002 at 9. 35pm on TV One included a scene of two males having sex in a car park. [2] Rob Hodgkinson complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and unacceptable even for "adult only" viewing. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Hodgkinson referred the complaint to the Broadcasting Standards Authority under s....

This decision was successfully appealed in the High Court and sent back to the BSA to rehear: AP 99/01 PDF369. 72 KBComplaintLoud overreaching advertisements in religious programmes broadcast on Christmas Eve – breach of good tasteFindingsG2 – presence and type of advertising not an issue of broadcasting standards – decline to determineThis headnote does not form part of the decision. SummaryThe programmes screened on TV One between 10:15pm and midnight on Christmas Eve included carols, Christmas music and Bible readings. John Watson complained to Television New Zealand Ltd, the broadcaster, that it was offensive for the commercial breaks during these programmes to feature Boxing Day bargains and an exhortation to end prostitution. Questioning whether the complaint raised a matter of broadcasting standards, TVNZ said that it was, by law, a commercial organisation....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

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 1989 3 News – reported on the purchase of a bluefin tuna at auction for nearly one million dollars – item contained footage of fish’s head being removed and a number of tuna being sliced and filleted – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – killing animals for food is a fact of life – images were not gratuitous and would not have offended most viewers in the context of a news item – not upheld Standard 10 (violence) – filleting fish did not amount to “violence” for the purposes of the standard – not upheld This headnote does not form part of the decision....

Download a PDF of Decision No. 1993-075:Sharp and Television New Zealand Ltd - 1993-075 PDF484. 07 KB...

Summary [This summary does not form part of the decision. ]During Canterbury Mornings with Chris Lynch, the host expressed frustration with the length of time it had taken police to decide whether to proceed with criminal investigations in relation to the collapse of the CTV building in the Christchurch earthquake. He said, ‘for Christ’s sake, police, you can do better than this’. The Authority did not uphold the complaint that the use of the word ‘Christ’ breached standards. The use of ‘Christ’ as an exclamation to express surprise or dismay has become an accepted part of colloquial speech and would not have offended most listeners. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During Canterbury Mornings with Chris Lynch, the host discussed the progress of an investigation into the collapse of the CTV building in the February 2012 Christchurch earthquake....

Summary[This summary does not form part of the decision. ]During Jeremy Wells' 'Like Mike' skit on Hauraki Breakfast Regurgitated, in which he parodied radio and television presenter Mike Hosking, Mr Wells discussed the flag debate and his admiration for John Key. Imitating Mr Hosking's voice he said, 'I was pleasuring myself watching John Key on Parliament TV the other day, and, just when things were coming to a climax, they cut to [Labour leader Andrew] Little and I lost thickness immediately'. The Authority did not uphold a complaint that the comment breached standards of good taste and decency. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of Mr Wells, Mr Hosking, the programme and the radio station. The comments were inexplicit and in the nature of innuendo, and would have gone over the heads of most children....

Summary[This summary does not form part of the decision. ]Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8....

Summary [This summary does not form part of the decision. ]A Seven Sharp item looked at tourism in the Chatham Islands, including its fishing and hunting opportunities. During an interview with a tourism expert, one of the programme’s hosts commented, ‘I’d rather shoot myself, to be honest, than go and do that in the Chatham Islands. ’ The Authority did not uphold the complaint that the comment was offensive and denigrated the Chatham Islands. The tourism expert immediately countered the comment with positive statements about visiting the Chatham Islands, and the host later clarified what he had meant by the comment. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Discrimination and DenigrationIntroduction[1] A Seven Sharp item looked at tourism in the Chatham Islands....

Download a PDF of Decision No. 1993-039:Sharp and TV3 Network Services Ltd - 1993-039 PDF317. 17 KB...