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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....

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....

Dr Patu Hohepa, the Commissioner of Te Taura Whiri i te Reo Māori, was co-opted as a person whose qualifications and experience were likely to be of assistance to the Authority. He took part in the Authority’s deliberations but the decision is that of the permanent members. Complaint under section 8(1)(a) of the Broadcasting Act 1989Toi Whakaari – kapa haka group performing haka which included a whakapohane – exposed buttocks – allegedly unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – traditional cultural event presented in a stylised manner – not disturbing or alarming for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A kapa haka group performing a haka was shown in an episode of Toi Whakaari broadcast on Māori Television at about 6. 40pm on 9 May 2005....

ComplaintMarathon Man – film – offensive language – warning ought to have been broadcast – complaint upheld by broadcaster – action taken insufficient FindingsAction taken sufficient This headnote does not form part of the decision. Summary [1] The movie Marathon Man was broadcast on Prime at 8. 30pm on 22 May 2002. [2] Mrs M Charlton complained to Prime Television New Zealand Ltd, the broadcaster, that the movie contained offensive language, and that viewers ought to have been warned about its use. [3] Prime upheld the complaint and apologised to the complainant. It explained that appropriate staff had been reminded of Prime’s collective responsibility "with emphasis placed on not making assumptions on behalf of viewers and that warnings must be specific in nature". [4] Dissatisfied with the action taken in response to her complaint, Mrs Charlton referred her complaint to the Broadcasting Standards Authority under s....

ComplaintStudent radio 95bFM – song "XXX" by rap band Atom – failure of station to respond within 20 working days to complaint – language in song breach of good taste and decency – "fuck and shit and suck my motherfucking dick" FindingsPrinciple 1 – broadcaster upheld complaint – action taken sufficient – also appropriate now to apologise to complainant – no uphold This headnote does not form part of the decision. Summary The song XXX by Atom was broadcast on 95bFM at about 1. 00am on 22 September 2000. The song began with a string of expletives, including the words "fuck" and "shit" and the expression "suck my motherfucking dick". These expletives were repeated at various times during the song. Judy Mills complained to the broadcaster, 95bFM, that the use of the expletives breached standards of good taste and decency....

Summary [This summary does not form part of the decision. ]A One News item included footage of Gareth Morgan speaking at a Mana Party event. The Authority did not uphold the complaint that broadcasting his use of the word ‘prick’ breached standards. The comment was intended as self-deprecating humour, rather than being offensive or abusive, and it was relatively fleeting in the context of the item, which focused on a potential alliance between the Internet Party and the Mana Party. Not Upheld: Good Taste and Decency, Responsible Programming, Children’s InterestsIntroduction[1] During One News, an item about the relationship between the Mana and Internet Parties included footage of Gareth Morgan speaking at a Mana Party event. He was shown addressing the guests, saying: I’ll leave it up to you [the guests] to decide whether I’m a prick or not… [laughter from audience]… hopefully you’ll wait until after the speech....

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....

Summary[This summary does not form part of the decision. ]A segment on The Country featured the host interviewing The Right Honourable Jacinda Ardern not long after she began her term as Prime Minister. Towards the beginning of the interview the host asked the Prime Minister, ‘Do you wake up and say to yourself, “Holy shit! I’m Prime Minister! ” and have to pinch yourself? ’ The Authority did not uphold a complaint that the host’s comment breached community norms of good taste and decency and was discriminatory. Taking into account relevant contextual factors including low level of offensive language used, the light-hearted tone, and audience expectations, the broadcast did not threaten community norms of good taste and decency, or justify restricting freedom of expression....

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

The Authority did not uphold a complaint that Mark Richardson’s response to a gift from a guest on The AM Show breached the good taste and decency and children’s interests standards. Noting contextual factors, including audience expectations of the programme and of Mr Richardson, the Authority did not consider that Mr Richardson’s comments were likely to cause widespread undue offence or distress, undermine widely shared community standards or adversely affect children. The Authority also did not uphold a complaint that a discussion about beer brands breached the alcohol standard. While the Authority found that the positive comments regarding Peroni could be regarded as promotion of the Peroni brand, the Authority considered that any promotion of alcohol was socially responsible in the context. Not Upheld: Good Taste and Decency, Children’s Interests, Alcohol...

Complaints under section 8 of the Broadcasting Act 1989Californication – programme contained swear words, discussions of sexual themes, sex scenes (including one involving violence) and implied teenage drug use – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language was legitimate for a challenging drama – sex scenes and dialogue concerning sexual themes were integral to the storyline – teenage drug use was implied – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Californication was broadcast on TV3 at 9. 30pm on 8 November 2007. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Hank was suffering from writer’s block and was struggling to raise his 12-year-old daughter, while still holding strong feelings for his ex-girlfriend, Karen, the mother of his daughter....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

ComplaintThe Bits in Between – sexual/adult themes – offensive – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] The Bits in Between was broadcast on TV3 at 7. 30pm on 24 September 2001. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes which were outside accepted norms of good taste and decency. He also considered that the programme was incorrectly classified and that the broadcaster had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

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....

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 under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – image of a penis superimposed over a man’s face – allegedly in breach of good taste and decency, unbalanced and unfairFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – not upheld Standard 6 (fairness) – no evidence of unfairness – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 7 December 2004 an item on Eating Media Lunch on TV2 showed celebrities arriving for a magazine launch on Auckland’s waterfront. The presenter of the programme spoke with two radio personalities, one of whom dared the presenter to make fun of them. The image of a penis was then superimposed over the man’s face....

ComplaintHolmes – offensive language – presenter said "bugger the international media" – America’s Cup context FindingsStandard G2 – "bugger" not acceptable for common usage, but acceptable in context – no uphold This headnote does not form part of the decision. Summary During an item about the America’s Cup on Holmes on TV One at 7. 00pm on 21 February 2000, the presenter said "bugger the international media". Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word "bugger" breached broadcasting standards which require the observance of good taste and decency. TVNZ responded that, in the context of a highly charged America’s Cup campaign, the use of the word "bugger" did not breach broadcasting standards. It did not accept that its use carried the suggestion that the word was now acceptable for common usage. It declined to uphold the complaint....

Summary "Six Days in a Leaky Boat" was the name of the documentary broadcast on Inside New Zealand on TV3 at 8. 30pm on 24 March 1999. It featured six people in their twenties who were sailing a yacht in the Bay of Islands, and who had never met before. They were required to perform a number of objectives in difficult circumstances. Mr Stewart complained to TV3 Network Services Ltd, the broadcaster, that the language used and behaviour shown in a programme about boating was unacceptable and in breach of the standards. Furthermore, he wrote, the "foul" language used was advanced as acceptable, which amounted to a deceptive programme practice. Explaining that the programme was about the relationships between six people in their twenties who were required to perform difficult tasks, TV3 said that the unscripted programme captured their reactions....

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....