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Decisions
Kavanagh and MediaWorks Radio Ltd - 2019-001 (2 April 2019)
2019-001

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a segment on The AM Show, in which a booth designed to enable doctors to perform discrete testicle examinations was likened to a ‘confession booth’, breached the good taste and decency and discrimination and denigration standards. The Authority found that, in the context of the segment, the comparison was unlikely to undermine or violate widely shared community norms. It also did not reach the level of malice or nastiness necessary to denigrate a section of the community. The public health message in the broadcast was an important one and overall the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

Decisions
Oosterbroek and Television New Zealand Ltd - 2008-102
2008-102

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fanny Hill promo – broadcast during One News and Mucking In – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 7 (programme classification) – promo incorrectly classified – upheld Standard 9 (children’s interests) – Mucking In – broadcaster did not adequately consider interests of child viewers by broadcasting promo during a G-rated programme – upheld Standard 9 (children’s interests) – One News – majority considers broadcasting PGR promo during unclassified news did not breach standard – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Order Section 16(4) – payment of costs to the Crown $2,000 This headnote does not form part of the decision....

Decisions
Steel and The Radio Network Ltd - 2006-008
2006-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – talkback programme – caller criticised the Kiwi rugby league team – host responded “get your head out of your arse”Findings Principle 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] On Saturday 7 January 2006, at approximately 11. 35am, the host of a sports talkback programme responded to a caller’s criticism of the Kiwi rugby league team by commenting “get your head out of your arse”. Complaint [2] Mr Steel complained about the use of the phrase “get your head out of your arse”. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice, which provides: Principle 1 In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the observance of good taste and decency....

Decisions
Candy and TV3 Network Services Ltd - 2001-065
2001-065

ComplaintMost Wanted – music video – "Hey Boy Hey Girl" by The Chemical Brothers – depiction of two skeletons having sex – breach of good taste and decency – broadcaster not mindful of the effect of broadcast on young children FindingsStandard G2 – video acceptable in context for general audience – no uphold Standard G12 – unsuitable for children when broadcast at 9. 30am on Saturday morning – uphold No Order This headnote does not form part of the decision. Summary The music video "Hey Boy Hey Girl" by The Chemical Brothers, broadcast on TV3 during the programme Most Wanted at 9. 30am on 10 February 2001, depicted a young man and woman who morphed into skeletons and then back into humans. The skeletons appeared to be having sex....

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Edwards and TV3 Network Services Ltd - 1993-052
1993-052

Download a PDF of Decision No. 1993-052:Edwards and TV3 Network Services Ltd - 1993-052 PDF263. 01 KB...

Decisions
Smits and Radio New Zealand Ltd - 1992-063
1992-063

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

Decisions
McBride and Television New Zealand Ltd - 1995-006
1995-006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 6/95 Dated the 13th day of February 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 I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Moore and MediaWorks TV Ltd - 2017-059 (21 September 2017)
2017-059

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the rescue of an American woman who had been held captive as a sex slave by a serial killer for two months in South Carolina. The item featured newly-released footage of the woman’s rescue, and showed her chained to the wall of a shipping container by her throat. The item also featured footage of the woman’s appearance on the American talk show, Dr Phil, during which she discussed her kidnapping. The item was preceded by the following verbal audience advisory: ‘A warning: some viewers may find our next story disturbing’. The Authority did not uphold a complaint that this audience advisory was inadequate given the nature of the footage, which was violent, inappropriate for children and further breached the featured woman’s privacy....

Decisions
Lawler and Radio New Zealand Ltd - 2013-068
2013-068

Summary [This summary does not form part of the decision. ]A presenter on Radio New Zealand Concert introduced a piece of music, saying the composer was ‘considered to be a degenerate in Germany because of his Jewish origins’. The Authority did not uphold the complaint that the announcer’s comment was in bad taste and denigrated Jewish people. The comment was simply a factual statement giving context to the composer’s work, and was a reference to how he was viewed by the Nazis, not an expression of the presenter’s personal opinion. Not Upheld: Good Taste and Decency, Discrimination and DenigrationIntroduction[1] On the morning of 6 September 2013, the presenter of Radio New Zealand Concert introduced a piece of music, as follows: …and now we’ve a fantasy by a composer considered to be a degenerate in Germany because of his Jewish origins....

Decisions
Turner and Television New Zealand Ltd - 1991-004
1991-004

Download a PDF of Decision No. 1991-004:Turner and Television New Zealand Ltd - 1991-004 PDF205. 83 KB...

Decisions
Hawthorne and MediaWorks Radio Ltd - 2014-096
2014-096

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’....

Decisions
Earnshaw and Television New Zealand Ltd - 1994-034, 1994-035
1994-034–035

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...

Decisions
Credo Society Inc and 95bFM - 2000-154
2000-154

ComplaintSong "You Suck" – Yeastie Girls – offensive language – oral sex described – 8. 30pm – student radio – targeted to gay and lesbian listenersFindings Principle 1 – despite context, content exceeded community expectations of good taste – upholdOrderCosts to Crown in the sum of $250 This headnote does not form part of the decision. Summary During a programme entitled Around the Bend broadcast on 95bFM on 30 April 2000 at about 8. 30pm a song by the Yeastie Girls entitled "You Suck" was played. It concerned oral sex. Barbara Faithfull, on behalf of the Credo Society, complained to 95bFM, the broadcaster, that the song was "nauseatingly indecent, morally repugnant and human degradation personified" and breached broadcasting standards. In its response, 95bFM reported that this was a "joke song" created in response to the "overt sexism" of songs by the Beastie Boys....

Decisions
Paranjape and Radio New Zealand Ltd - 2010-069
2010-069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about Russia’s proposal to use a controlled nuclear explosion to contain an oil leak in the Gulf of Mexico – comment from expert from Auckland University – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – standard primarily concerned with sexual or violent material or coarse language – broadcast not likely to have offended listeners – not upheld Standard 7 (discrimination and denigration) – light-hearted discussion – insufficient invective to encourage discrimination against or denigration of Russians as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] At 4....

Decisions
Mathias and Television New Zealand Ltd - 2010-140
2010-140

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters discussed Civil Defence emergency survival kits – presenter commented on what people should have in their kits, Mormons being prepared for disasters as part of their faith, and whether people should just have a gun and bullets and use them to take other people’s kits – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments were inane banter that was not intended to be taken seriously – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 7 September 2010, the presenters, Paul Henry, Pippa Wetzell and Peter Williams, discussed Civil Defence emergency kits....

Decisions
Baldwin and Television New Zealand Ltd - 2006-125
2006-125

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reported that a group of Australian teenage boys had filmed their attack of a teenage girl and were circulating the footage on DVD – showed some images of the boys’ attack – allegedly in breach of good taste and decency, the maintenance of law and order, unfair, and in breach of children’s interests and the violence standard FindingsStandard 1 (good taste and decency) – subsumed under Standard 10 Standard 2 (Law and order) – nothing inconsistent with the maintenance of law and order – not upheld Standard 6 (fairness) – not unfair to teenage girl or homeless man – not upheld Standard 9 (children's interests) – item should have been preceded by a warning due to violent content – broadcaster did not consider the interests of children – upheld Standard 10 (violence) – item should have been preceded by a warning due to…...

Decisions
Smits and TV3 Network Services Ltd - 2001-207
2001-207

ComplaintSex and the City – fuck – offensive language – used by 13 year-old female characters FindingsStandard G2 – context – morality message – no uphold This headnote does not form part of the decision. Summary [1] A number of episodes of the series of Sex and the City have been screened by TV3 since 1999. The series deal with the lives and loves of four single women living in New York City. The episode broadcast at 9. 30pm on 7 August 2001 included instances of 13 year-old girl characters using the word "fuck". [2] Phillip Smits complained to TV3 Network Services Limited, the broadcaster, that three of the 13 year-old female characters used the words "fuck" and "fucking" on several occasions....

Decisions
Smith and Television New Zealand Ltd - 2007-142
2007-142

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – skit clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 10 September 2007, featured a skit of the Campbell Live show in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin. During the skit, the actor playing the stingray discussed how he had not meant to kill Mr Irwin, and coughed up a piece of khaki clothing (Mr Irwin’s regular attire)....

Decisions
Turner and Television New Zealand Ltd - 2008-112
2008-112

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – man hit another’s head on a rock – man hit with baseball bat – unconscious man put in car and car set alight – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld by majority No Order This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 2 September 2008. It began with a car chase involving one of the central characters, Dr Craig Valentine, who was eventually forced off the road and down a bank....

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