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New Zealand Catholic Bishops Conference and CanWest TVWorks Ltd - 2005-112
2005-112

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…...

Decisions
Woods and Television New Zealand Ltd - 2004-058
2004-058

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....

Decisions
Buckingham and Television New Zealand Ltd - 2002-185
2002-185

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

Decisions
Brazier and The Radio Network Ltd - 2001-029
2001-029

ComplaintNewstalk ZB – talk – host Paul Holmes – host’s comment – sticking out like dog balls – offensive language FindingsPrinciple 1 – colloquial – not offensive in context – no uphold This headnote does not form part of the decision. Summary A report about sport and recreation was referred to during the talk programme on Newstalk ZB between 7. 00–8. 00am on 31 January 2001. The host (Paul Holmes) said that one conclusion "stuck out like dog balls". D Brazier complained to The Radio Network Ltd, the broadcaster, that the comment was offensive. Explaining that the host was quoting a Committee member and that it was delivered in a conversational tone, TRN denied that the comment would cause any major offence among an audience aged 35 plus which listened Newstalk ZB. It declined to uphold the complaint....

Decisions
Anderson and Channel Z - 2001-131
2001-131

ComplaintChannel Z – "motherfucker" – "fucking cunt" – offensive language FindingsPrinciple 1 – breach of current norms of good taste and decency – uphold OrderCosts of $750 to the Crown This headnote does not form part of the decision. Summary I B Anderson complained to Channel Z, the broadcaster, about the expressions "motherfucker" and "fucking cunt" being broadcast on 30 May 2001 just before 4. 30pm. When the broadcaster did not respond within the statutory 20 working days, Mr Anderson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The broadcaster then responded that Channel Z was a niche radio station with an alternative format, and that its audience had a liberal view of language. The broadcaster agreed that the expressions were offensive and would not usually be broadcast....

Decisions
Ryan and The RadioWorks Ltd - 2000-025
2000-025

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Harrison and Television New Zealand Ltd - 2008-065
2008-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....

Decisions
Dickinson and The Radio Network Ltd - 2008-126
2008-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....

Decisions
Atkins and Television New Zealand Ltd - 2007-066
2007-066

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

Decisions
McCoskrie and CanWest TVWorks Ltd - 2004-201
2004-201

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Simpsons – use of the words “wanker” and “ass” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – PGR classification – PGR timeslot – words used in satirical rather than abusive manner – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of The Simpsons screened on TV3 at 7pm on 30 September 2004. At the beginning of the programme Homer Simpson described his favourite programme about a family of English soccer hooligans, saying “if they’re not having a go with a bird they’re having a row with a wanker”. [2] Later in the episode another character said “it’s a beautiful day to kick your ass”....

Decisions
Christini and RadioWorks Ltd - 2009-142
2009-142

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....

Decisions
Gautier and Television New Zealand Ltd - 2006-093
2006-093

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about two young people training for the priesthood at a seminary on Ponsonby Road – reporter used phrases “big boss” and “big guy” when referring to God and said “helluva” – allegedly in breach of good taste and decency and denigratory FindingsStandard 1 (good taste and decency) – context – not upheld Standard 6 and guideline 6g (denigration) – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision....

Decisions
Shepherd and TV3 Network Services Ltd - 2000-119
2000-119

ComplaintMost Wanted – music video – Eminem – "The Real Slim Shady" – offensive behaviour – unsuitable for childrenFindings(1) Standard G2 – acceptable in context – no uphold (2) Standard G12 – PGR classification and screening in PGR time appropriate and sufficient – no uphold This headnote does not form part of the decision. Summary The music video for the song "The Real Slim Shady" by Eminem was broadcast on Most Wanted on TV4 at 7. 00pm on 26 May 2000. J M Shepherd complained to TV3 Network Services Ltd, the broadcaster, that the video contained "images of a bare male/female backside being lowered onto the face of an individual lying on the ground". The complainant considered that this material was unsuitable for children to watch. TV3 responded that the material to which the complainant had objected was intentionally satirical, rated PGR, and intended for a teenage audience....

Decisions
Hooker and TV4 Network Ltd - 2001-217
2001-217

ComplaintStar Trek: Deep Space 9 – "lesbian kiss" – bad taste FindingsStandard G2 – context – no upholdThis headnote does not form part of the decision. Summary [1] An episode of Star Trek: Deep Space 9 was broadcast on TV4 at 8. 30pm on 24 August 2001. The episode included a scene where two of the female characters kiss. [2] Michael Hooker complained to TV4 Network Ltd, the broadcaster, about a "lesbian kiss" which was included in the broadcast, and which he considered to be "far outside the accepted norms of taste and decency, given the context in which the behaviour occurred". [3] TV4 declined to uphold the complaint. It maintained that the kiss was acceptable in the context of a PGR programme, explaining that it was brief, important to the storyline, not AO in nature and screened after the AO watershed....

Decisions
Schwabe and Television New Zealand Ltd - 2000-057
2000-057

ComplaintOne World of Sport: Rugby Sevens – live broadcast during half-time break – "fuck"– offensive language FindingsStandard G2 – barely audible – emotionally charged sports broadcast – no uphold This headnote does not form part of the decision. Summary One World of Sport: Rugby Sevens was broadcast live on TV One from 7. 00pm until 9. 36pm on 5 February 2000. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that offensive language "containing the ‘f’ word" was broadcast in the half-time break of the final match, during filming of the New Zealand team’s half time huddle. Mr Schwabe said that it was irresponsible to broadcast from a live microphone in these and similar circumstances. TVNZ responded that, while there appeared to be strong language used, it was indistinct....

Decisions
Foster and Television New Zealand Ltd - 2001-063
2001-063

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Decisions
Clarke and 4 Others and RadioWorks Ltd - 2010-068
2010-068

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Decisions
Hind and Television New Zealand Ltd - 2008-073
2008-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Build a New Life in the Country – contained coarse language – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Action Taken – broadcaster upheld the complaint, apologised and took steps to prevent future mistakes – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Build a New Life in the Country (rated G) was broadcast on TV One at 7. 30pm on Saturday 7 June 2008. The series followed British couples as they pursued their dream homes and lifestyles. In the 7 June episode, Jason and Phillipa had bought a chateau in France and planned to renovate it and open it as a bed and breakfast. The episode tracked their progress over nine months. [2] At approximately 7....

Decisions
Fowles and Television New Zealand Ltd - 2008-138
2008-138

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homegrown – programme investigating history of beer in New Zealand – words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" used – other words censored – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – language was humorous rather than abusive – worst language was censored – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Homegrown, a locally produced series which investigated various aspects of New Zealand culture and particularly produce, was broadcast on TV One at 7pm on Saturday 1 November 2008. This episode looked at the history of beer brewing in New Zealand. [2] During the programme, the words "bastards", "bloody", "crap", "boobs or balls" and "shitloads" were used, predominantly by one of the interviewees. Some other words were bleeped out....

Decisions
McDonald and TVWorks Ltd - 2004-082
2004-082

Complaint under section 8(1)(b) of the Broadcasting Act 1989Heartbreakers – film – promo – used words “May I grab your nuts” – allegedly offensive languageFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The words “May I grab your nuts” were contained in a promo for the film Heartbreakers. The scene involved the female lead talking suggestively to a male in a bar. The promo was broadcast during 3 News at approximately 6. 30pm on 18 March 2004. Complaint [2] Donald McDonald complained to TV3 Network Services Ltd, the broadcaster, that the phrase which suggested an indecent assault was offensive. When TV3 failed to respond to his complaint, Mr McDonald referred it to the Broadcasting Standards Authority....

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