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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-183 Decision No: 1996-184 Decision No: 1996-185 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BOB ATKINSON of Nelson and EVAN DAVIES of Hamilton and MARIA DOVE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-039 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R F ALLAN of Dunedin Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-074 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary The film Bad Boy Bubby included scenes in which the character, Bubby, was shown blocking the nostrils of a cat and, later, tightly wrapping the cat’s body in plastic wrap. The film was broadcast on TV2 on 10 April 1999 at 1. 55 am. Ms Thorpe complained to Television New Zealand Limited, the broadcaster, that she was upset and disturbed by the scenes showing what she called cruelty to the cat. The scenes, she wrote, involved a real cat and their broadcast could have given some viewers the incentive to copy the actions which were portrayed. TVNZ responded that the film was an intense and discomforting black comedy portraying a character whom the conventions of society had passed by. It was scheduled for broadcast well after midnight because of its disturbing nature, and was rated AO, it said....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-014 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANNE DINGWALL of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryAn episode of Hollywood Sex was broadcast on TV2 at 9. 30pm on 26 August 1999. This two-part programme looks at some of the more unusual activities which take place in Hollywood’s sex industry. Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the programme contravened standards of decency, and that young people could watch and be influenced by "the very bad aspects of the programme". Mr and Ms Curtis complained that the programme was "the most disgustingly blatant sexual perversion [they had] ever had the misfortune to see", and that the programme was unsuitable for screening at that hour because of the likelihood of children watching. In its responses to the complaints, TVNZ said that it did not consider that it had breached any broadcasting standard. It noted that the programme was broadcast at 9. 30pm, carried an AO certificate, and was preceded by a warning....

Summary Storylines which ran through five episodes of Shortland Street broadcast at 7. 00pm during the week 31 August to 4 September 1998, concerned the intimate relationships of three sets of characters. The first storyline featured the relationship between a 17 year old female and a 28 old male, the second portrayed a male character who was painting a nude portrait of his partner, and the third concerned a male character who manipulated a young woman with whom he wished to have sex. Ms Barker complained to Television New Zealand Ltd, the broadcaster, that the storylines were offensive because they portrayed sex outside marriage as acceptable, and failed to examine the damaging consequences of such behaviour. She considered that the programmes’ PGR classification and 7. 00pm timeslot were inappropriate, as many younger children could still be viewing at that time....

Summary The forthcoming Parole Board hearing for Paul Dally was dealt with during an item on Holmes broadcast on TV One beginning at 7. 00pm on 18 August 1999. Mr Dally had pleaded guilty to the murder of 13 year-old Karla Cardno in 1989, and the item included an interview with Mr Mark Middleton, Karla’s stepfather. In response to some questions as to why he had asked the Parole Board to release Mr Dally, Mr Middleton said that it provided the opportunity for him and his friends to "take him". R J Healing complained to Television New Zealand Ltd, the broadcaster, that the reporter’s questions were insensitive, and had encouraged a distressed man into making statements he might later regret. TVNZ declined to uphold the complaint as a breach of the standards relating either to taste or fairness....

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 1989One News – item covering the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court describing his attack – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – viewers would not have expected the level of explicit detail provided – item required a warning – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 13 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott. The presenters introduced the item by saying: The university tutor who killed his former student and girlfriend has given his version of what happened in her bedroom that day....

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – “channel-surfing” segment – brief shot of “viewer’s” hands masturbating a penis-shaped dildo in front of the television – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – penis was obviously not real – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10pm on TV2 on 16 November 2007, contained a segment in which a “viewer” channel-surfed through a number of television programmes, some fabricated. The segment was constructed from the viewer’s point of view, so that the audience could see only the viewer’s hands. On three occasions, the viewer changed the channel to TV3, which was screening the breakfast show Sunrise. Each time, the viewer’s hands were shown doing something in the foreground....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – discussion about oil prices – guest referred to “thieving Arab bastards” – allegedly in breach of good taste and decency and denigrated ArabsFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld Principle 7 and Guideline 7a (denigration) – did not amount to blackening or hate speech – not upheldThis headnote does not form part of the decision. Broadcast [1] During a light-hearted exchange about what he regarded as the exorbitant cost of filling the petrol tank in his car, a guest on Radio Sport used the phrase “thieving Arab bastards”. The comment was broadcast at about 8. 30am on 31 March 2006. Complaint [2] Jack Sturt complained to The Radio Network Ltd, the broadcaster, that the use of the phrase was inexcusable....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fence Jumping – promo – documentary about gay men who “came out” when married – broadcast during One News beginning at 6. 00pm – allegedly offensive, inappropriately classified and unsuitable for childrenFindings Standard 1 and Guideline 1a (good taste and decency) – context – not upheld Standard 7 and Guideline 7b (classification) – appropriately classified as G – not upheld Standard 9 (children’s interests) – homosexuality dealt with in straightforward way which was suitable for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the documentary Fence Jumping was broadcast during One News at about 6. 30pm on Sunday 25 April 2004. The documentary was about men who, while married, realised that they were gay and how such men “came out”. The promo indicated the programme’s content....

ComplaintLexus Sunday Theatre: Hound of the Baskervilles – Promo – Jesus Christ – blasphemy FindingsStandard 1 and Guideline 1a – context – no uphold Standard 6 and Guideline 6a – did not encourage denigration – no uphold This headnote does not form part of the decision. Summary [1] "Jesus Christ" was the phrase uttered by a character shown in the promo for The Hound of the Baskervilles. The promo for the Sherlock Holmes drama, to be screened on "Lexus Sunday Theatre", was broadcast on TV One at about 7. 15pm on 31 May 2003. [2] Evan Swale complained to Television New Zealand Ltd, the broadcaster, that use of the phrase "Jesus Christ" was denigratory, and insulting and offensive. [3] In response, TVNZ acknowledged that the use of the phrase in that way could cause offence to devout Christians....

ComplaintThe Sopranos – scene in which man attacks and kills pregnant woman – offensive – violence against woman and unborn baby – horrific – unjustifiable – gratuitous FindingsStandard G2 – unacceptable material – uphold Standard V1 – scene not essential or justifiable in context of programme – uphold Standard V2 – realistic violence used gratuitously for heightened impact – uphold Standard G8 – subsumed This headnote does not form part of the decision. Summary [1] An episode of The Sopranos was broadcast on TV2 at 9. 30pm on 6 September 2001. The Sopranos is a drama about an American-Italian mafia family living in the eastern United States. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a scene in which a pregnant woman is beaten and killed, which he considered breached standards relating to good taste and decency, violence and appropriate classification....

ComplaintWhat Now? – children’s programme – skit – revolved around farting – breach of good taste and decency – broadcaster not mindful of the effect on children FindingsStandard 1 – contextual matters – no uphold Standard 9 – skit would appeal to children – no uphold This headnote does not form part of the decision. Summary [1] What Now? , a children’s programme, broadcast on TV2 at 7. 30am on 21 April 2002, featured a parody of a well-known television commercial. The parody revolved around "farting". [2] P M McGrath complained to Television New Zealand Ltd, the broadcaster, that the item was disgusting, and not appropriate viewing material for children. [3] Declining to uphold the complaint, TVNZ said it was the policy of What Now? to encourage children to be relaxed about bodily functions and that the programme’s child development experts endorsed this approach....

ComplaintThe Craft – film – theme witchcraft and sorcery – evil and violent – unsuitable for children FindingsStandard G2 – warning – AO – fantasy theme – acceptable in context Standard V1 – minimal violence – neither gratuitous nor prolonged – justifiable in context Standard V16 – warning – 8. 30pm – broadcaster mindful of effect This headnote does not form part of the decision. Summary Sorcery and witchcraft were themes in the film The Craft which was broadcast on TV2 on 28 October 2000 beginning at 8. 30pm. Mark Singh complained to Television New Zealand Ltd, the broadcaster, that "the evil and violent content" of the programme was unacceptable. He expressed concern about its impact on younger viewers. In its response, TVNZ emphasised that the film was a fantasy thriller which was quite divorced from reality....

ComplaintBig Brother – offensive behaviour – nudity – immorality – inappropriate for broadcast at 6. 30pm – unsuitable for children FindingsStandard G2 – adult themes – unsuitable for G timeslot – uphold Standard G8 – G classification incorrect – uphold Standard G12 – broadcaster not mindful of effect of broadcast on children – uphold No Order (but recommendation for a written apology) This headnote does not form part of the decision. Summary Big Brother is a television series which features a group of people who are confined in a house in Australia and continuously monitored by cameras. It is broadcast on TV2 at 6. 30pm Tuesdays to Saturdays. On Monday's Big Brother is broadcast at 6. 00pm. For the first two weeks the series was screened, the programme was broadcast on Mondays at 6. 30pm....