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Lord and Television New Zealand Ltd - 1998-075
1998-075

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-075 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Reading and TV3 Network Services Ltd - 2000-138
2000-138

ComplaintTarget – description of house cleaner as tradesperson – denigration of tradespeople – inaccurate – unfair – unbalanced – offensive Findings (1) Standard G1 – no inaccuracy – no uphold (2) Standard G2 – no uphold (3) Standard G4 – no unfairness – no uphold (4) Standard G13 – no denigration or discrimination – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary An episode of Target broadcast on TV3 at 7. 00pm on 14 May 2000 featured footage of employees of four Hamilton house cleaning services who had been secretly filmed as part of a hidden camera trial. One of the male cleaners had been filmed engaging in improper sexual behaviour....

Decisions
Barnes and ALT TV Ltd - 2007-029
2007-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Groove in the Park – text messages ran across the bottom of screen during broadcast of live music event on Waitangi Day – contained content which the complainant found offensive – allegedly in breach of good taste and decency, contrary to children's interests, denigratory and in breach of promotion of liquor standardFindingsStandard 1 (good taste and decency) – use of expletives in graphic sentences was contrary to the observance of good taste and decency – upheldStandard 6 (fairness) and guideline 6g (denigration) – text messages encouraged denigration of and discrimination against sections of the community based on race – upheldStandard 9 (children’s interests) – broadcast was G-rated and children likely to be watching on a public holiday – content highly unsuitable for children – upheld Standard 11 (liquor) – unable to determine in the absence of a recording – decline…...

Decisions
Zaman and The RadioWorks Ltd - 2003-121
2003-121

ComplaintRadio Pacific – host is said to have stated that he supported invasion of Iraq and that Iraqis in New Zealand who did not do so should leave – bad taste – encouraged denigration FindingsPrinciple 1 and Guideline 1a, Principle 7 and Guideline 7a – conflict as to content of host’s comments – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] In comments about the invasion of Iraq, the host (Paul Henry) on Radio Pacific is said to have stated that the invasion had the support of Westerners. Moreover, the complainant reported, the host stated that Iraqis in New Zealand who did not support the invasion should leave the country. The comments were said to have been broadcast at about 6. 45am on 11 April 2003....

Decisions
Townsend and Television New Zealand Ltd - 2002-094
2002-094

ComplaintOne News – car accident in which complainant’s son killed – reference to speed and alcohol – driver had not been drinking – poor taste – inaccurate – unfair – discriminatory FindingsStandard G1 – expression of opinion – no uphold Standards G2 and G13 – comments acceptable and did not encourage denigration – no uphold Standard G4 – a number of implications – implication about alcohol involvement no stronger than others – no uphold This headnote does not form part of the decision. Summary [1] A news item about road safety following 15 road deaths in five days over the Christmas holiday period, focused on one of the more recent deaths. A couple whose truck had been struck by a car which was airborne after striking the kerb, and in which one young man was killed, spoke about being extremely angry on seeing beer in the car....

Decisions
Harang and Television New Zealand Ltd - 2005-018
2005-018

Complaint under section 8(1)(a) of the Broadcasting Act 1989Item on Close Up looking at the nudist lifestyle – reporter visited a nudist camp – allegedly in breach of standards relating to good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – item not harmful to children – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on Close Up on TV One at 7pm on 1 February 2005 used the occasion of the “nude Olympics” to look into the nudist lifestyle....

Decisions
Gibson and Radio New Zealand Ltd - 2005-118
2005-118

Complaint under section 8(1)(a) of the Broadcasting Act 1989National Radio – Nine to Noon – dispute about whether the presenter used the word “lie” or “line” – the former allegedly offensiveFindingsPhrase used was “that is a desperate line” – not in breach of broadcasting standards – not upheldThis headnote does not form part of the decision. Broadcast [1] On National Radio on 9 September 2005 on the Nine to Noon programme, National Party deputy leader Gerry Brownlee said, referring to Radio New Zealand, “this is Radio Labour at its best”. [2] In response to this comment, the presenter said either “that is a desperate line” or “that is a desperate lie”. Complaint [3] Michael Gibson said that he had heard the presenter respond “that’s a lie”. He considered the presenter’s comment was damaging and offensive. He stated that it breached “at least one” of the broadcasting standards....

Decisions
McBride and Television New Zealand Ltd - 1995-126
1995-126

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
McDonald and TVWorks Ltd - 2004-082
2004-082

Complaint under section 8(1)(b) of the Broadcasting Act 1989Heartbreakers – film – promo – used words “May I grab your nuts” – allegedly offensive languageFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The words “May I grab your nuts” were contained in a promo for the film Heartbreakers. The scene involved the female lead talking suggestively to a male in a bar. The promo was broadcast during 3 News at approximately 6. 30pm on 18 March 2004. Complaint [2] Donald McDonald complained to TV3 Network Services Ltd, the broadcaster, that the phrase which suggested an indecent assault was offensive. When TV3 failed to respond to his complaint, Mr McDonald referred it to the Broadcasting Standards Authority....

Decisions
Thomas and The Radio Network Ltd - 2004-205
2004-205

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comments regarding the beheading of hostages in Iraq – allegedly breached good taste and decency FindingsPrinciple 1 (good taste and decency) – presenter’s comments light-hearted look at serious issue – common practice in broadcast media – no intent to minimise gravity of subject matter – no obscene language or macabre detail employed – not in breach of good taste and decency standard – not upheld This headnote does not form part of the decision. Broadcast [1] At about 6. 53am on 22 September 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) began a segment about the beheading of hostages in Iraq. At the time of the broadcast, British man Kenneth Bigley had been captured by terrorists in Iraq....

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
McGrath and Television New Zealand Ltd - 2003-015
2003-015

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

Decisions
Barker and Television New Zealand Limited - 1999-011
1999-011

SummaryA trailer for the AO-classified programme Water Rats was shown during the PGR-classified programme Party of Five at about 8. 03 pm on TV2 on 17 November 1998. Mrs Barker complained to Television New Zealand Limited, the broadcaster, that the trailer showed a couple in bed, clearly naked and kissing. There was a clear inference that they were having sex, she contended. Given the time of broadcast, the behaviour shown was distressing, she wrote, and was best kept to private bedrooms. The trailer also did not show acceptable behaviour for the time band within which it was screened, Mrs Barker said. TVNZ responded that the scene in the trailer was very brief, contained no frontal nudity and only implied sexual activity. It had screened during a programme which contained references to sexual activity, and in context it was not unsuitable viewing for children under the guidance of an adult....

Decisions
Royal and The RadioWorks Ltd - 2001-213
2001-213

ComplaintRadio Pacific – talkback host's reference to graffiti artists’ attitude to suicide included the words – they "should commit suicide more quickly" – immature – bigoted – offensive FindingsPrinciple 1 and Principle 7 Guideline 7a – no tape – decline to determine Principle 8 – relevant – uphold No Order This headnote does not form part of the decision. Summary [1] Graffiti artists were discussed on talkback broadcast on Radio Pacific at about 4. 15pm on 1 June 2001. In reply to a caller expressing concern about the suicide rate among that group, the host had used words to the effect "it is a pity more of them do not commit suicide more quickly". [2] Alan Royal complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the remark was "immature, bigoted and offensive"....

Decisions
Sundborn and TVWorks Ltd - 2010-044
2010-044

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Decisions
Petros and The Radio Network Ltd - 2009-040
2009-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Danny Watson – discussion about the Catholic Church’s excommunication of the mother and doctor of a nine-year-old girl in Brazil who had been raped, become pregnant, and had an abortion – the view of one of the people who rang in support of the Church’s actions was later criticised by other callers – a number of callers rang in criticising the Church’s actions – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 6 (fairness) – complainant and Catholic Church treated fairly – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 Standard 7 (discrimination and denigration) – criticisms of the Catholic Church lacked necessary invective for a breach of the standard – robust nature of talkback – not upheld This headnote does not form part of the…...

Decisions
Chapman and The Radio Network Ltd - 2007-076
2007-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Decisions
Sinclair and Television New Zealand Ltd - 1997-063
1997-063

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-063 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by B L SINCLAIR of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Denham and CanWest TVWorks Ltd - 2006-071
2006-071

Complaint under section 8(1)(a) of the Broadcasting Act 1989Intellectual Property – video clip showed people in a laundromat using washing machines and dryers for unorthodox purposes – showed a boy taking a dog out of a washing machine and placing it into a dryer – allegedly in breach of good taste and decency, children’s interests and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – not broadcast during “children’s normally accepted viewing times” – standard does not apply – not upheld Standard 10 (violence) – placing dog in a dryer was not an act of violence to which the standard applies – not upheldThis headnote does not form part of the decision. Broadcast [1] The video clip for a song entitled “The Blues are Still Blue”, by Belle and Sebastian, was broadcast on C4 on Intellectual Property at approximately 10....

Decisions
Shepherd and TV3 Network Services Ltd - 2000-119
2000-119

ComplaintMost Wanted – music video – Eminem – "The Real Slim Shady" – offensive behaviour – unsuitable for childrenFindings(1) Standard G2 – acceptable in context – no uphold (2) Standard G12 – PGR classification and screening in PGR time appropriate and sufficient – no uphold This headnote does not form part of the decision. Summary The music video for the song "The Real Slim Shady" by Eminem was broadcast on Most Wanted on TV4 at 7. 00pm on 26 May 2000. J M Shepherd complained to TV3 Network Services Ltd, the broadcaster, that the video contained "images of a bare male/female backside being lowered onto the face of an individual lying on the ground". The complainant considered that this material was unsuitable for children to watch. TV3 responded that the material to which the complainant had objected was intentionally satirical, rated PGR, and intended for a teenage audience....

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