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Download a PDF of Decision No. 1993-078:Miller and Television New Zealand Ltd - 1993-078 PDF659. 74 KB...

Summary [This summary does not form part of the decision. ]An item on 3 News which reported on a shooting massacre in a Kenyan Mall included footage of a man trying to hide, and then being shot at point blank range. The newsreader warned that the story contained ‘disturbing images’. The Authority upheld the complaint that this warning was inadequate to prepare viewers for witnessing a horrific execution. While recognising the very high public interest in the story and in the footage, viewers were not given a reasonable opportunity to exercise discretion or make a different viewing choice. The Authority did not make any order, as the decision provides sufficient guidance to broadcasters....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix news – report stated that Christchurch man had pleaded guilty to murdering his wife and neighbour and to having sexual intercourse with his victims’ bodies after strangling them – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the case were widely reported – standard does not apply to certain groups of people or individuals – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news report was broadcast on Easy Mix radio station at 2pm on Monday 9 November 2009. The news reader said: In this update, the Christchurch man who’s admitted to killing two women and burying them under his house will be sentenced at the end of the month....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-137 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WILLIAM J WYBER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-185 Decision No: 1997-186 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MARTIN DURHAM of Upper Hutt and MAARTEN GROEN of Lower Hutt Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – song called “Fuck You” by Lily Allen was broadcast during the afternoon – the “F” in “fuck” was muted – host explained that the word obscured in the song began with “f” and ended in “u, c, k” – allegedly in breach of good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – “fuck” inadequately censored – use of the expletive during children’s normally accepted listening times unacceptable – host’s spelling out of the word “fuck” irresponsible – upheld Standard 8 (responsible programming) – broadcaster was not sufficiently mindful of the effect the programme content would have on children – upheld No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Fuck You” by singer Lily Allen was broadcast on The Edge at 3....

Summary A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal". Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast. 9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience....

Summary The short film Stella Street was broadcast on TV2 at 10. 25pm on 26 July 1999. Stella Street is a short comedy programme featuring two impersonators who lampoon the performance style of the well-known characters that they portray. Mr Rae complained to Television New Zealand Ltd, the broadcaster, that the programme contained highly offensive language and behaviour. TVNZ did not consider that it had breached any broadcasting standard. It noted the language was used in the context of a short film broadcast at 10. 25pm, carrying an AO certificate, and preceded by a warning. It did not consider the language would have exceeded the expectations of most viewers watching at that time of night. It also observed that the language was used for comedic effect. Dissatisfied with TVNZ’s decision, Mr Rae 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 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair and denigratoryFindingsPreliminary findings – Authority applied TVNZ v VoTE approach to New Zealand Bill of Rights Act – Authority must consider whether finding a breach of standards would impose unreasonable limitation on free speech Standard 1 (good taste and decency) – contextual factors favour broadcaster – public interest does not require finding a breach of standards simply because broadcasts lampooned Catholicism – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high threshold in light of protection given to satire in 6(g)(iii) – threshold one of vitriol or hate speech – fact that offence caused of itself insufficient to find breach of standard – programmes not realistic as complainant alleged – not upheld Standard 6 (fairness) – satirical programmes would only be unfair in…...

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Bootylicious – PGR promo – broadcast during One News between 6. 00pm and 7. 00pm – crass – objectified women’s bodies – timing of promo unsuitable for childrenFindings Standard 1 (good taste and decency) and Guideline 1a – promo for programme on recent fashion fad – did not threaten current norms of decency and taste – not upheld Standard 7 (appropriate classification) – promo classified “PGR News” – PGR appropriate classification – not upheld Standard 7 (compliance with classification band) and Guideline 7b – One News (although itself unclassified) is in G time-band – PGR promo did not comply with classification band – upheld Standard 9 (children’s interests) – broadcaster considered children’s interests in rating promo PGR – not upheldNo OrderThis headnote does not form part of the decision....

Complaint Mercy Peak – sexual scenes – offensive – indecent themes – broadcaster not mindful of the impact on teenage viewers FindingsStandard 1 – contextual matters – no upholdStandard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Mercy Peak is a New Zealand drama series. An episode broadcast on TV One at 8. 35pm on Wednesday 25 September 2002 included a sex scene between two characters who were portrayed as having an affair. [2] Anne Shearer complained to Television New Zealand Ltd, the broadcaster, that the sex scene shown and the story-line were offensive. In her view, TVNZ had been irresponsible because it had failed to consider the impact of such themes on teenage viewers. [3] When the broadcaster failed to respond to her formal complaint, Ms Shearer referred it to the Broadcasting Standards Authority under s....

Complaint60 Minutes – promo – clip of Norm Hewitt – use of word "shit" – offensive language – breach of good taste and decency – breach of classification codes and time bands – not mindful of the effect on children – explicit material unacceptable in a promo FindingsStandard G2 – quietly used vernacular figure of speech – context – no uphold Standard G8 – appropriate classification – no uphold Standard G12 – important social message for younger viewers – no uphold Standard G24 – no violence or other explicit material – not relevant This headnote does not form part of the decision. Summary [1] A promo for the current affairs programme 60 Minutes contained a 30-second clip of professional rugby player, Norm Hewitt. It was broadcast on 20 October 2001 at 6. 35pm during One News....

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 section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

An appeal against this decision was dismissed in the High Court: AP 138/01 PDF1. 09 MBComplaintBanzai – comedy – sketch included shot of man’s naked penis – bad taste FindingsStandard G2 – borderline – context – no upholdThis headnote does not form part of the decision. Summary[1] An episode of Banzai, a British comedy series, was broadcast on TV2 at 10. 10pm on 14 August 2001. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a shot of a man’s naked penis which was included in the broadcast, and which he considered to be "well outside the currently accepted norms of taste and decency, given the context in which the scene was shown"....

Summary[This summary does not form part of the decision. ]During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. The Authority did not uphold a complaint that the use of 'twat' was inappropriate for a breakfast show. The comment was within audience expectations of the host's well-known style of presentation and humour, and unlikely to disturb or offend a significant number of viewers in the context of a news and current affairs programme aimed at adults. Not Upheld: Good Taste and DecencyIntroduction[1] During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. [2] Iain Wiseman complained that the use of the word 'twat' was inappropriate for a breakfast show when children were likely to be watching....

Download a PDF of Decision No. 1992-034:Brock and Television New Zealand Ltd - 1992-034 PDF354. 32 KB...

Download a PDF of Decision No. 1993-007:Harang and Television New Zealand Ltd - 1993-007 PDF322. 28 KB...