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Summary An excerpt from the performance of the Paul Taylor Dance Company was shown at the conclusion of One Network News broadcast on TV One on 25 November between 6. 00–7. 00pm. Kristian Harang complained to Television New Zealand Ltd that the item, which he said showed naked men, breached acceptable standards of decency and also was offensive to children who might have been watching. TVNZ responded that all of the dancers, both men and women, were wearing patterned tights. It noted that ballet tights were part of the normal attire for both classical and modern dance performances. In the circumstances, it concluded that no standards were relevant. Dissatisfied with TVNZ’s decision, Mr Harang 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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host sang jingle about a public figure being “into ladies” – included phrases, “when they make love do they have to put a strap on it”, she “wanted to go rug munching” and she “got sick of dicks” – broadcaster upheld complaint under good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – song lyrics were unacceptable for broadcast at 8. 20am – serious breach of good taste and decency – action taken by broadcaster was insufficient – upheld OrdersSection 16(4) – costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] At 8....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Lead item on One News – investigative report into alleged pornographer in Gisborne – allegedly in breach of good taste and decency FindingsStandard 1 (Good taste and decency) – item was genuinely newsworthy – strong warning given – news by very nature will often deal with distasteful material – content not offensive – images discreet – not upheld This headnote does not form part of the decision. Broadcast [1]The lead item on One News on 1 August 2004 was a report from Television New Zealand’s investigative team concerning an alleged pornographer in Gisborne. The item alleged that the man was involved in procuring under-age girls for sex and the making of pornography, including through the use of stupefying drugs, and that he lured women into pornography by making false promises and statements....

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live Drive – host referred to “dirty Germans” – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – comment was light-hearted – was not intended to reflect all Germans – host was expressing disapproval of tourists stealing native wildlife – not upheld Standard 7 (discrimination and denigration) – comment related specifically to the German tourists who had stolen native geckos – did not encourage denigration of or discrimination against German people as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] During Radio Live Drive, broadcast on Radio Live at approximately 4. 20pm on 9 March 2011, the host said: Have you ever thought about stealing a gecko? Why on earth would you steal a gecko?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Toast Breakfast Show – host commented on Telecom’s outsourcing of call centre work overseas – made reference to “stupid Filipino operators” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (denigration and discrimination) – host’s remark lacked the necessary invective to reach threshold for encouraging discrimination or denigration – not upheld Standard 1 (good taste and decency) – host’s comment was an expression of frustration with Telecom and a throw-away line – not upheld This headnote does not form part of the decision. Broadcast [1] During The Toast Breakfast Show, broadcast on UPFM on the morning of 14 December 2009, one of the hosts commented on Telecom’s outsourcing of call centre work for its 018 directory service....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

Summary [This summary does not form part of the decision. ]During the 1 News Vote 17 Leaders Debate, moderator Mike Hosking questioned Bill English about a damaged fuel pipeline in Auckland that caused disruption to flight services, using the phrase ‘for God’s sake’. The Authority did not uphold a complaint that Mr Hosking’s use of this phrase was blasphemous and offensive. The Authority has consistently found that variations of ‘God’, ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations and in this case, Mr Hosking used the phrase to express his own, and voters’, frustration at the Government’s management of the fuel crisis. In these circumstances, the Authority found that the alleged harm did not outweigh the important right to freedom of expression, particularly in the lead up to a general election....

The Authority has upheld a complaint about a broadcast of The DailyMail TV, finding that footage broadcast during the programme was inappropriate for the PGR classification and time of broadcast, and required an audience advisory for disturbing content. The programme was broadcast at 3. 30pm on a weekday, and featured partially censored footage of an American stabbing victim in the moments before she died. While the woman’s injuries were blurred, her distressed facial expression and blood splatters on the floor were visible. A second story featured censored footage of two 19-year-old women who claimed they had been drugged, filmed inside a bar naked and allegedly performing sex acts. The Authority found that this content went beyond what could be expected from a PGR-classified programme broadcast during children’s normally accepted viewing times and that the programme should have been classified AO – Adults Only....

Summary [This summary does not form part of the decision]A ONE News item showed security footage of a violent attack on a liquor store worker by four men to assist police in identifying and apprehending the attackers. Two explicit warnings were given prior to the footage. The Authority did not uphold the complaint that the violence shown was gratuitous. It was an important news story aimed at identifying and catching the attackers and was accompanied by clear warnings from the broadcaster. Not Upheld: Good Taste and Decency, Violence, Responsible ProgrammingIntroduction[1] A ONE News item showed a violent attack on a liquor store worker by four men. The security footage showed the store worker being punched, kicked and dragged across the store, having a bottle of spirits smashed over his head and being kicked in the head as he lay on the ground....

Summary [This summary does not form part of the decision. ]During a panel discussion on the Mike Hosking Breakfast show about the government’s funding of America’s Cup campaigners, one of the panellists said ‘fucking’. She immediately apologised for the slip-up, and the other participants rebuked her in a light-hearted manner. The broadcaster upheld the complaint and counselled the panellist. The Authority found that the action taken by the broadcaster was sufficient. It noted the comment was made during a legitimate discussion about a matter of public interest, and all of the participants acknowledged at the time that the swearing was inappropriate....

Download a PDF of Decision No. 1992-003:Lyons and XS Radio Ltd - 1992-003 PDF237. 95 KB...

The Authority has not upheld a complaint that comments made by the hosts of The Big Show about touching their testicles when they were nervous and a school speech titled ‘The Dilworth Way’ breached the good taste and decency and children’s interests standards. The Authority found the comments were within audience expectations for the programme and the radio station, Radio Hauraki. In the context the hosts’ conversation was unlikely to cause widespread offence or adversely affect any children who happened to be listening (although they were not the target audience). Not Upheld: Good Taste and Decency, Children’s Interests...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HOPE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 66/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MIKE IRVINE of Auckland Broadcaster 95 bFM Auckland University J M Potter Chairperson L M Loates W J Fraser R McLeod...

The Authority has not upheld a complaint about comments made by Mike Hosking on Mike Hosking Breakfast that he ‘can’t wait’ to be a close contact of a person with COVID-19, and that ‘there’s so much more fun to have’ in relation to the ‘Omicron experience. ’ The Authority found the comments did not breach the good taste and decency standard and were likely tongue-in-cheek, referring to the possible difficulties Hosking would face if working from home. Taking into account audience expectations of Newstalk ZB and Mike Hosking as a host, as well as the flippant, humorous nature of the comments, the Authority found they were unlikely to have caused widespread undue offence or distress or undermined widely shared community standards. Accordingly, they did not reach the threshold for regulatory intervention. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint that an interview on The Weekend, which covered various aspects of racism in Canada, breached the good taste and decency and discrimination and denigration standards. The Authority found that the interviewee’s use of ‘goddamn’ as an expletive was unlikely to undermine or violate widely shared community norms. Further, the interviewee’s reference to the colonial treatment of Canada’s indigenous people did not breach the discrimination and denigration standard. The Authority found that the comments did not apply to a recognised section of the community consistent with the grounds for discrimination listed in the Human Rights Act 1993. The Authority therefore found any restriction on the right to freedom of expression would be unjustified. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

A promo for Naked and Afraid of Love aired during the programme Aussie Gold Hunters at 5. 56pm on Three. The Authority did not uphold a complaint the promo breached the good taste and decency and children’s interests standards as it was consistent with the PG classification for Aussie Gold Hunters and was unlikely to cause widespread undue offence or distress. Not Upheld: Good Taste and Decency, Children’s Interests...