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Download a PDF of Decision No. 1992-013:Jensen and Radio New Zealand Ltd - 1992-013 PDF279. 29 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-054 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER NEWFIELD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The Authority has not upheld a complaint about a joke made during the studio introduction to a report on a fire at The Great Western Racecourse in Victoria, Australia. The complainant alleged the comment ‘Well, the hottest tip in horse racing in Australia yesterday was “save your car from the flames” and it wasn't the name of a horse’ was mocking and in poor taste. The Authority found as the item itself was serious, no people or animals were hurt and the joke did not directly mock fire or property damage, it did not breach the good taste and decency standard. Not Upheld: Good Taste and Decency...

Summary[This summary does not form part of the decision. ] Three episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9. 30pm on Friday 10, 17 and 24 November 2017. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Six complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme denigrated, or was discriminatory towards, both participants and viewers, and was broadcast at a time on a weekend night when children were likely to be watching....

Summary[This summary does not form part of the decision. ]During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser? ’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency....

Summary[This summary does not form part of the decision. ]A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5. 20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code)....

Summary [This summary does not form part of the decision. ]A Seven Sharp item looked at tourism in the Chatham Islands, including its fishing and hunting opportunities. During an interview with a tourism expert, one of the programme’s hosts commented, ‘I’d rather shoot myself, to be honest, than go and do that in the Chatham Islands. ’ The Authority did not uphold the complaint that the comment was offensive and denigrated the Chatham Islands. The tourism expert immediately countered the comment with positive statements about visiting the Chatham Islands, and the host later clarified what he had meant by the comment. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Discrimination and DenigrationIntroduction[1] A Seven Sharp item looked at tourism in the Chatham Islands....

Download a PDF of Decision No. 1993-070:Boys and Radio New Zealand Ltd - 1993-070 PDF256. 02 KB...

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

ComplaintSpace – images of man exposing buttocks – "mooning" – offensive behaviour FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] An episode of Space was broadcast on TV2 at 11. 25pm on 8 March 2002. At the end of the episode, images of a man’s buttocks, and of a second man holding the cheeks of the man’s buttocks apart, were broadcast in a montage of out-takes over which the closing credits were run. The incident apparently occurred during a stag party. [2] Laurie Collier complained to Television New Zealand Ltd, the broadcaster, that the sequence was "one of the most indecent incidents I’ve witnessed on television". [3] TVNZ declined to uphold the complaint. It did not consider that in the overall context of Space the scene was in breach of broadcasting standards....

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Seven Periods with Mr Gormsby – comedy series about a politically incorrect relief teacher – teacher threatened to sodomise a pupil – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] In an episode of Seven Periods with Mr Gormsby, a comedy series about a politically incorrect teacher in a New Zealand school, the main character threatened to sodomise a pupil if he refused to name which of his classmates had drawn a crude cartoon on the blackboard. The episode screened on TV One at 9. 35pm on 6 May 2005. Complaint [2] Dame Laurie Salas complained to Television New Zealand Ltd, the broadcaster, that the scene was not something a viewer would expect in “supposedly responsible” television....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Teenage Caveman – movie about teenagers in the future who fall in with a group of genetically-altered and indestructible mutants – complainant objected to scenes of group sexual intercourse between teenagers, discussion on female pubic hair, female masturbation, and a young woman “exploding and a very graphic display of her exposed organs” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – cumulative effect of challenging content – implied group sex and partial nudity intended to titillate – excessive drug and alcohol use – gratuitous violence and profanity – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] The movie Teenage Caveman was broadcast on TV2 at 12. 35am on 17 April 2006....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – played soundtrack which conveyed the impression that a woman was having sex with a bull – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – soundtrack was gratuitous and prolonged – theme of bestiality would have offended a significant number of listeners – played when children were likely to be listening – upheld No Order This headnote does not form part of the decision. Broadcast [1] At approximately 10. 15am on Sunday 22 October 2006, the presenter of Radio Sport played an audio track containing sounds which conveyed the impression that a woman was having sex with a bull. The soundtrack lasted for 34 seconds, after which the presenter made the following comments: My god is there nothing those people won’t get up to up there....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video included segments of a toddler being frightened by people dressed up as monsters – child shown crying and distressed – allegedly in breach of good taste and decency, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – video unrealistic – contextual factors – not upheld Standard 9 (children’s interests) – music video broadcast at 11. 33pm – standard does not apply – not upheld Standard 10 (violence) – video did not contain any scenes of violence – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of the music video programme Blender, broadcast on C4 at 11. 30pm on 8 June 2009, a video for a song called “Kids” by the band MGMT was played....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for The Vampire Diaries – broadcast during a G-rated programme at 4. 55pm – contained shots of vampires and people kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standardsFindingsStandard 8 (responsible programming) – images in the promo very brief and dark – would not have left a lasting impression likely to disturb or alarm child viewers – correctly rated G – not upheld Standard 9 (children’s interests) – promo unlikely to disturb or alarm children – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – promo was fleeting and inexplicit – not upheld Standard 10 (violence) – promo did not contain any violence – not upheld This headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-102 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS NORMAN of Wellington Broadcaster NEW ZEALAND PUBLIC RADIO LTD J M Potter Chairperson L M Loates R McLeod A Martin...