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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 110/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an episode of Breakfast, in which the hosts and viewer feedback discussed people stealing at supermarket self-service checkouts by putting in the wrong code for items they are purchasing. The Authority found the programme did not actively encourage viewers to steal or break the law in breach of the law and order standard. Across the programme as a whole, the hosts and viewers offered a range of views on the ethics of stealing at self-checkouts, including strong views against such behaviour, and clearly acknowledged it was ‘theft’ and illegal. The tone of the discussion was consistent with audience expectations of Breakfast and its hosts, and would not have unduly offended or distressed viewers, so the good taste and decency standard was also not breached....

The Authority has not upheld a complaint that the repetitive use of ‘fuck’ in an episode of 7 Days broadcast at 8. 30pm, breached the good taste and decency and children’s interests standards. In this context, the language used would not have caused audiences undue offence or harm and it was not beyond what viewers would reasonably expect from the programme. The programme was adequately signposted to enable audiences to protect children. Not Upheld: Good Taste and Decency and Children’s Interests...

Summary[This summary does not form part of the decision. ]An episode of a documentary series Shocking Lives, titled The Grandmother Lovers, explored relationships between younger men and older women. It contained sexual content and nudity. The Authority did not uphold a complaint that the documentary breached the good taste and decency standard. The documentary did not contain overly explicit or graphic material. Sexual activity was largely implied, and the programme featured only limited nudity. The broadcaster took sufficient steps to inform viewers about the content of the programme, which was classified AO, broadcast at 9. 30pm and preceded by a warning for sexual content and nudity. The documentary focused on relationships between consenting adults and in the context of the broadcast this did not undermine general community standards of good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

Download a PDF of Decision No. 1991-054:Young and Television New Zealand Ltd - 1991-054 PDF399. 53 KB...

ComplaintNewstalk ZB: Larry Williams Breakfast Show – host said "I don’t want to piss in your pocket" – offensive FindingsPrinciple 1 – colloquialism – context – no uphold This headnote does not form part of the decision. Summary [1] "I don’t want to piss in your pocket" was the phrase used by the host of the Larry Williams Breakfast Show when talking to a guest. The comment was made at about 8. 15am on 18 July 2003 on Newstalk ZB. [2] J H Mahoney complained to The Radio Network Ltd, the broadcaster, that the use of the phrase, especially at that time of the morning, was disgusting. [3] In response, TRN described the phrase as a "widely used colloquialism" which would not have caused major offence to its primary audience aged 35 years and over....

ComplaintThe Bits in Between – sexual/adult themes – offensive – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] The Bits in Between was broadcast on TV3 at 7. 30pm on 24 September 2001. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes which were outside accepted norms of good taste and decency. He also considered that the programme was incorrectly classified and that the broadcaster had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

Download a PDF of Decision No. 1992-003:Lyons and XS Radio Ltd - 1992-003 PDF237. 95 KB...

Download a PDF of Decision No. 1992-064:Smits and Radio Pacific Ltd - 1992-064 PDF281. 51 KB...

ComplaintReel Life: The Truth about Lesbian Sex – promos – comments made by several women in the first promo – people examining sexual devices in the second promo – broadcast 5. 45pm and 10. 24pm respectively – offensive FindingsStandard 1, Guideline 1a – context – no upholdStandard 7, Guideline 7b – classification of promos correct – majority – no uphold Standard 9, Guideline 9a – broadcaster mindful of child viewers – majority – no uphold This headnote does not form part of the decision. Summary [1] Two promos, broadcast on TV One at 5. 45pm and 10. 24pm respectively, advertised an upcoming documentary, Reel Life: The Truth About Lesbian Sex. The first promo portrayed several women talking about their sexual practices. The second promo showed different sexual devices being examined by various people....

Summary [This summary does not form part of the decision. ] During Talkback with Karyn Hay and Andrew Fagan, the host Mr Fagan made comments about a regular caller, the complainant, who went by the name of ‘Alex’. He said ‘back in 17-something… I’d meet him on the beach as the sun came up and I’d potentially kill him or let him kill me in a duel’. The Authority did not uphold the complaint that the host had made a ‘veiled death threat’ against the complainant. It was clear the host was not making a serious death threat, but was using provocative, metaphorical language to express his strong views about the complainant. Not Upheld: Law and Order, Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Karyn Hay and Andrew Fagan, Mr Fagan made comments about a regular caller who went by the name of ‘Alex’....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]During Arts on Sunday an audio clip from a movie being reviewed was broadcast, in which a character from the movie said ‘frigging’. The Authority declined to uphold the complaint that this low level language breached standards of good taste and decency. It was fleeting and innocuous and broadcast as part of a movie review targeted at adults....

Download a PDF of Decision No. 1992-063:Smits and Radio New Zealand Ltd - 1992-063 PDF (366. 06 KB)...

Summary A promo for South Park contained a "news update" in which police had asked, "If you see this little eight year old boy, kill him and immediately burn his body". The promo was broadcast at 9. 40 pm and 10. 15 pm on TV4 on 5 April 1998. An episode of South Park broadcast on TV4 on 6 April at 9. 30 pm contained fart and diarrhoea jokes. Ms O’Brien complained to the broadcaster, TV3 Network Services Limited, that the promo incited violence and murder of children, failed to maintain law and order, failed to observe good taste and decency, and discriminated against a young boy. She also complained that puerile descriptions of faeces and related bodily functions were not comedy, and the episode was in breach of good taste and decency....

SummarySome words which were pronounced in the same way but had different meanings were discussed on the children’s programme You and Me, broadcast on TV3 at about 3. 25pm on 30 July 1998. "Chairs" and "cheers" were given as one such pair. Mr Gibson complained to TV3 Network Services Ltd that these words should be pronounced differently, and that the programme’s effort to suggest otherwise breached the standards relating to good taste and balance. In response to the complaint, TV3 did not accept that the good taste standard was in question. As for balance, it said that viewers were advised that the words sounded the same, not that they were pronounced the same, and it declined to uphold that aspect of the complaint. Dissatisfied with TV3’s decision, Mr Gibson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – caller offered to donate money to fundraiser if hosts performed 20 “burpee” exercises – one host offered instead to “go and give 20 girls herpes” – allegedly in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast[1] On The Edge radio station on the morning of Friday 16 December 2005, the hosts of The Morning Madhouse show were asking listeners to donate money for their Jingle Bail campaign. Jingle Bail is an annual fundraiser by The Edge which raises money to send a number of deserving children and their caregivers on holiday. [2] At approximately 6....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about Muslim outrage caused by cartoons first published in Denmark depicting the prophet Mohammed – item concluded with satirical depiction of Jesus Christ – allegedly in breach of good taste and decency, unbalanced and unfair in that it encouraged the denigration of ChristiansFindingsStandard 1 (good taste and decency) – context – not upheld Standard 4 (balance) – contrast in attitudes to freedom of speech about religious convictions is controversial issue of public importance – dealt with in balanced way in full item – not upheld Standard 6 (fairness) and guideline 6g (denigration) – lampooning of Christians did not amount to blackening of reputation – not upheld Standard 7 (programme classification) – news and current affairs not subject to classification system – warning was broadcast – not upheld Standard 9 (children’s interests) – warning included before current affairs item – not upheldThis headnote…...