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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-089 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAN GALLAGHER of Invercargill Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintSong "Goodnight Irene" – lyrics offensive FindingsPrinciple 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] The song "Goodnight Irene" was one of collection of tracks played by Manawatu Sounz AM 999 between 7. 45–8. 15am on 27 January 2002. The song was written by a black American blues singer, known as Leadbelly, early in the 20th century. [2] Mrs McIntyre complained to Manawatu Access Radio Charitable Trust, the broadcaster, that the lyrics in the third verse, in particular the phrase "I’ll take morphine and die", were offensive. [3] In response, Manawatu Access Radio explained that the lyrics were in the original song and were not an unusual example of lyrics written at that time in that they reflected the precarious existence of poor people. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Wolf Creek – horror film contained drugging, sexual violence, torture and murder – allegedly in breach of good taste and decency, children’s interests and violence standards Findings Standard 10 (violence) – extremely disturbing violence – inadequate classification and warning – upheld Standard 9 (children’s interests) – outside children’s normally accepted viewing times – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] Wolf Creek, an Australian horror film, was broadcast on TV2 at 8. 30pm on Tuesday 11 March 2007. In the film, two women, Lizzy and Kristy, and their friend, Ben, travelled together to visit the meteorite crater at Wolf Creek National Park. When they returned from the crater, they discovered their car would not go....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 54/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 92/94 Dated the 6th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster PRIMEDIA (Radio Hauraki) of Auckland I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Nine to Noon – item was part five of a 15-part reading of the novel “The Captive Wife” – the reading contained language of a sexual nature – allegedly in breach of good taste and decency  Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1]  On Friday 10 August 2007 at 10. 45am, Nine to Noon, broadcast on Radio New Zealand National, featured a reading from the novel “The Captive Wife” by Fiona Kidman. The novel was based on the lives of Jacky and Betty Guard, and events which took place in 19th century New Zealand. The reading was approximately 13 minutes long and was part five of a 15-part series....

The Authority has not upheld a complaint about footage on a 1 News item of a person’s negative reaction after receiving a COVID-19 nasal swab. The Authority acknowledged the high public value and education in news reporting about COVID-19 testing and found the footage was unlikely to cause widespread undue offence. The law and order, balance, and accuracy standards did not apply or were not breached. Not Upheld: Good Taste and Decency, Law and Order, Balance, Accuracy...

The Authority did not uphold a complaint under the good taste and decency and children’s interests standards about an item on 1 News reporting live from Wellington amid protests against increasing rates of sexual violence, which showed a protest sign in the background reading ‘Don’t fuckin’ touch me’. Although some viewers may have been surprised by this, the Authority found overall the potential harm did not outweigh freedom of expression. The Authority took into account: the high public interest in the item; the sign was partially obscured for half of the item; the word complained about was not spoken; and the broadcaster had limited editorial control over the public’s actions during a live cross to the reporter. Not Upheld: Good Taste and Decency, Children’s Interests...

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about episodes of Shortland Street, which followed the ongoing storyline of a threesome between a married couple and their nanny. The Authority acknowledged that some viewers might find this storyline distasteful and that some scenes and references might have raised questions for children. However, the Authority found that various contextual factors, including audience expectations of the long-running television drama and a warning for sexual material, prepared audiences for the likely content and minimised the potential for undue harm. The sexual material and references contained in these episodes were relatively inexplicit, with no nudity or sexual activity beyond kissing shown. Finally, the fictional sexual activity took place between consenting adults and no illegal or seriously antisocial activity was portrayed during the programme....

A complaint that a segment on The Breakfast Club, on More FM, where the hosts made jokes and puns about a woman who died after being pecked by a rooster, breached the good taste and decency standard has not been upheld. The Authority found that, while the comments were insensitive and had the potential to cause offence to family of the deceased, the programme as a whole did not reach the threshold required to justify a restriction on the broadcaster’s right to freedom of expression. The Authority found that, considering the context of the item (including the target audience of More FM and the audience expectations surrounding The Breakfast Club and its hosts) and the tone of the item, the item did not undermine widely shared community standards and was unlikely to cause widespread undue offence or distress. Not upheld: Good taste and decency...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Coke Countdown – Top 40 music video clips – allegedly sexually explicit and in breach of good taste and decency, fairness and children’s interestsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – denigration requires a high threshold – no denigration of women – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interest of child viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] Coke Countdown was broadcast on TV2 on Sunday 8 May 2005 from 10am to 12 noon. [2] The programme was a Top 40 show, featuring the most popular hit songs of the week. The fourth spot in the line up featured the song “Candy Shop” by hip hop artist 50 Cent, and featured female vocalist Olivia....

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Complaint An Audience with the King – offensive language – broadcaster failed to consider children’s viewing interests FindingsStandard 1 – majority – contextual matters – no uphold Standard 9 – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] An Audience with the King recorded the performance of stand-up comedian Mike King before a live audience. The programme was broadcast on TV2 at 9. 30pm on Friday 11 October 2002. [2] Graham Fox complained to Television New Zealand Ltd, the broadcaster, that the programme was offensive, and that it was irresponsible to have broadcast such material at a time when children were likely to be watching television. [3] In response, TVNZ said that the programme in context did not breach current norms of good taste and decency, and that it had considered the viewing interests of children....

ComplaintOne News – collapse of floor during wedding celebration in Jerusalem – amateur footage of moment of collapse – gratuitous and sensationalist – breach of good taste and decency FindingsStandard G2 – footage a legitimate part of news item – not especially graphic – no uphold Standard V12 – action taken by broadcaster sufficient – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 26 May 2001 reported on a civil disaster in Israel, in which the floor of a building in Jerusalem had collapsed during a wedding party, killing 30 people and injuring hundreds more. The item featured amateur video footage from the wedding celebration, including the moment the floor collapsed. J Carapiet complained to Television New Zealand Ltd, the broadcaster, that the broadcast breached standards of good taste and decency....

SummaryHost John Banks described parking wardens as "low lifes" in his programme on Radio Pacific broadcast on 26 August 1999 at about 8. 15am. Adele Baulch complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that as a former parking warden she found the comment objectionable. She sought a public apology from Mr Banks to all parking wardens in New Zealand. The broadcaster responded that no malice had been intended by the remark but admitted that the host’s language had been "a little strong". It apologised for distress caused to the complainant, and declined to uphold the complaint. Dissatisfied with The RadioWorks’ decision, Mrs Baulch referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have read the correspondence which is listed in the Appendix....