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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-068 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MICHELLE MCBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 69/95 Decision No: 70/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WOMEN AGAINST PORNOGRAPHY of Auckland and PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 75/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A. VOOGT of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

ComplaintPromo – The Mind of the Married Man – references to anal sex – offensive language FindingsStandard 1 and guideline 1a – context – borderline – no uphold This headnote does not form part of the decision. Summary [1] An episode of The Mind of the Married Man was broadcast on TV2 at 9. 55pm on 13 February 2002. In a part of the episode during which a married couple argued about the state of their marriage, there was reference by the wife to anal sex, using terms such as "arse-fuck", "fuck me in the arse" and "deep in my arse". [2] Kerry Carter complained to Television New Zealand Ltd, the broadcaster, about the dialogue, which she considered "lewd and offensive" and "only fit for a porn video". [3] TVNZ declined to uphold the complaint....

ComplaintRadio Pacific – talkback – caller referred to Prime Minister Helen Clark as "a barren bitch and a sleeping homosexual" – failure to cut off caller – breach of good taste and decency – broadcaster failed to respond to complaint within statutory 20 working days – later advised the broadcast of derogatory comments against policy – host apologised and gave assurance that it would not occur again FindingsPrinciple 1 – personal abuse – unacceptable – uphold Principle 8 – no tape – no excuse – uphold OrderPrinciple 1 – broadcast of approved statement This headnote does not form part of the decision. Summary [1] During a talkback programme broadcast on Radio Pacific on 20 September 2001 between 9. 00pm and 10. 00pm, a listener heard a caller to the station describe Prime Minister Helen Clark as "a barren bitch and a sleeping homosexual"....

ComplaintOne World of Sport: Rugby Sevens – live broadcast during half-time break – "fuck"– offensive language FindingsStandard G2 – barely audible – emotionally charged sports broadcast – no uphold This headnote does not form part of the decision. Summary One World of Sport: Rugby Sevens was broadcast live on TV One from 7. 00pm until 9. 36pm on 5 February 2000. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that offensive language "containing the ‘f’ word" was broadcast in the half-time break of the final match, during filming of the New Zealand team’s half time huddle. Mr Schwabe said that it was irresponsible to broadcast from a live microphone in these and similar circumstances. TVNZ responded that, while there appeared to be strong language used, it was indistinct....

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....

Summary [This summary does not form part of the decision. ]A song titled ‘I’m Not Real’ was broadcast on Base Breakfast at about 9. 25am, and contained the lyrics ‘bitches’, ‘ass’, ‘hoes’ and variants of ‘fuck’. The Authority upheld the complaint that the broadcast of these expletives in this timeslot breached standards of good taste and decency. The Authority did not make any order, noting that the broadcaster had acknowledged the broadcast was unacceptable, and that the decision would provide sufficient guidance going forward. Upheld: Good Taste and DecencyNo OrderIntroduction[1] A song titled ‘I’m Not Real’ by Mac Miller featuring Earl Sweatshirt & Vinny Radio was broadcast on Base Breakfast at about 9. 25am on Tuesday 25 June 2013. The song contained the lyrics ‘bitches’, ‘ass’, ‘hoes’ and variants of ‘fuck’....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – comment from late-night talkback host about people from Christchurch “cuddling their sheep” – allegedly in breach of good taste and decency standard as made reference to bestialityFindings Principle 1 (good taste and decency) – Comment clearly intended to be humorous – no offensive language used – no direct reference to bestiality – comment very mild – not upheldThis headnote does not form part of the decision. Broadcast[1] Shortly after midnight during the Radio Pacific late-night talkback show on 20 December 2004, the host, Miles Davis, stated that he did not intend to take any more calls from Christchurch residents, and that they should simply go to bed and “cuddle up to their sheep”. Complaint[2] Bruce Newburgh complained to Radio Pacific that the comment was in bad taste, as it implied that people from Christchurch practised bestiality....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

ComplaintDreams of a Suburban Mercenary – short story – offensive language – broadcaster not mindful of the effect on children FindingsPrinciple 1 – artistic work – acceptable use in context – no uphold Principle 7 and Guideline 7b – not targeted at young listeners – no uphold This headnote does not form part of the decision. Summary [1] "Dreams of a Suburban Mercenary" was the title of the short story broadcast on National Radio after the midday news on Saturday, 2 February 2002. The story included the words "fucking" and "bastard". [2] R L Bailey complained to Radio New Zealand Limited, the broadcaster, that the language breached standards relating to good taste and decency, and that the broadcaster was not mindful of the effect the broadcast may have on children....

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

ComplaintOne News – comment in both headlines and item – kick up the arse – political meeting – offensive language FindingsStandard G2 – no tape of headlines – decline to determine; comment in item acceptable in context – no uphold This headnote does not form part of the decision. Summary The contest for the presidency of the National Party was dealt with in an item on One News broadcast at 6. 00pm on 6 May 2001. The item reported on the voting at a regional conference, with one delegate saying that "the party needs a good kick up the arse". The remark was also included in the opening headlines for One News. Don Campbell complained to Television New Zealand Ltd, the broadcaster, that the opening headline and the item containing that expression failed to meet standards of good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Rumble – breakfast show hosts on The Rock discussed a story featured on Close Up the previous night about two girls who alleged that, twelve-years prior, an ex-All Black had engaged in sexual activity with one of them while she had been unconscious – the hosts noted that the girl had accepted a payment from the man to settle the matter – one host made the comment, “See, all I see is that that woman and her mate have cashed in at both ends” – allegedly in breach of good taste and decency, controversial issues, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 6 (fairness) – some elements of unfairness – however, hosts entitled to voice their opinions in the manner in which they did – freedom of expression – not upheldStandard 4…...

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....