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Gray, Scott, Vickers and Vink and MediaWorks TV Ltd - 2019-020 (18 July 2019)
2019-020

The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue....

Decisions
Aitchison and Television New Zealand Ltd - 1995-014
1995-014

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 14/95 Dated the 16th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MARY N AITCHISON of Timaru Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Pascoe and MediaWorks TV Ltd - 2020-085 (9 December 2020)
2020-085

The Authority has not upheld a complaint about a segment of Newshub Nation which discussed the National Party’s top Members of Parliament (MPs) under then leader Todd Muller. In the segment, reporter Tova O’Brien asked ‘Why is it that all of these women do the mahi and then this dude gets the treat? ’ The question referred to Mr Muller being rewarded as leader over his top three female MPs, Hon Nikki Kaye, Hon Amy Adams and Hon Judith Collins. The complaint was that reference to Mr Muller as ‘that dude’ was in bad taste, unbalanced, unfair and sexist. The Authority found the comment was unlikely to cause widespread undue offence or distress as contemplated under the good taste and decency standard. The fairness standard was not breached as the comment would not have left the audience with an unduly negative impression of Mr Muller....

Decisions
Casey and The Radio Network Ltd - 2003-053
2003-053

ComplaintRadio Sport – talkback discussion about New Zealand cricket team’s performance at the World Cup – caller suggested host was overly critical of the team – host’s response – abusive – unfair – sexist FindingsPrinciple 1 – subsumed Principle 5 – sports talkback is robust – no uphold Principle 7, Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] The New Zealand cricket team’s performance at the World Cup was discussed on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 15 March 2003 hosted by Doug Golightly. One woman caller suggested to the host that he was overly critical of the team. The host advised the caller to return to domestic duties....

Decisions
Koenig and The Radio Network Ltd - 2000-059
2000-059

Complaint Classic Hits FM: comments about Michael Douglas and Catherine Zeta-Jones expecting a child: (1) racist remarks – offensive language; (2) denigrated Jewish people Findings(1) Principle 1 – majority – no breach, not racist – no uphold (2) Principle 7 – majority – legitimate use of humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on 31 January 2000, a presenter on Classic Hits FM announced that Michael Douglas and Catherine Zeta-Jones were expecting a child, and that Ms Zeta-Jones was considering converting to Judaism. The presenter added "and I suppose the baby will have a long nose and be good with money. Only joking. " Nicholas Koenig complained to The Radio Network Ltd that the comment was both offensive and derogatory. He sought a formal apology....

Decisions
Schwabe and Television New Zealand Ltd - 2011-084
2011-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989North – host used the phrase “buggered it” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – tenth occasion that the complainant has complained about the word “bugger” – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During an episode of North, broadcast on TV One at 7pm on Sunday 27 March 2011, the presenter took a boat trip to Kawau Island. Speaking to the boat’s captain about the history of the island, the presenter said, “I’ve never understood Kawau. It’s always seemed to me that [Governor Sir George Grey] buggered it, you know? All sorts of animals and plants. . ....

Decisions
Busse and Milner Busse and Television New Zealand Ltd - 2012-038
2012-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Pike River Inquiry and new evidence that manager at the mine sent emails about a new job minutes after the explosion – reporter quoted a miner’s mother who had called out, “This is while my boy was dying! Jesus Christ!...

Decisions
Schwabe and Radio New Zealand Ltd - 2014-011
2014-011

Summary [This summary does not form part of the decision. ]During Arts on Sunday an audio clip from a movie being reviewed was broadcast, in which a character from the movie said ‘frigging’. The Authority declined to uphold the complaint that this low level language breached standards of good taste and decency. It was fleeting and innocuous and broadcast as part of a movie review targeted at adults....

Decisions
Narayan and Humm FM - 2014-119
2014-119

Summary [This summary does not form part of the decision. ]The song 'Anaconda' by Nicki Minaj was broadcast on Humm FM 106. 2, a Hindi radio station, at 3. 30pm on a weekday. The Authority upheld the complaint that the broadcast of the song, which contained swearing and sexually explicit language, at this time of day, on this station, would be unexpected and offensive to most listeners. Upheld: Good Taste and Decency, Responsible ProgrammingNo OrderIntroduction[1] Humm FM 106. 2, a radio station broadcast primarily in Hindi, featured a song (in English) called 'Anaconda' by American rapper Nicki Minaj. It contained swearing and sexually explicit language and was broadcast at about 3. 30pm on a Friday. [2] Jaswin Narayan complained that the song was 'loaded' with 'sexual content and language' that was 'completely inappropriate' for broadcast during the day....

Decisions
Ihaia & IM and MediaWorks Radio Ltd - 2015-074 (10 March 2016)
2015-074

Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....

Decisions
Frewen and Television New Zealand Ltd - 2017-106 (9 March 2018)
2017-106

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed the case of a woman and an offensive message which was sent to her by a City Councillor. The road sign which was captured in the message read, ‘Jesus is cuming… open your mouth’. The Authority did not uphold a complaint that showing the road sign during the segment was potentially offensive to Christians, in breach of the good taste and decency standard. The Authority acknowledged that people may find the wording of the sign offensive....

Decisions
Smith and MediaWorks TV Ltd - 2020-016 (14 July 2020)
2020-016

The Authority did not uphold a complaint under the good taste and decency standard about the use of the phrase ‘child pornography’ in a Newshub item reporting on the arrest of Sir Ron Brierley. The complaint was that the item should have instead referred to child sexual exploitation, as ‘pornography’ infers consent and normalises a terrible practice. The Authority acknowledged the complainant’s concerns about the use of appropriate terminology with regard to very serious criminal conduct against children, and noted that what is appropriate terminology is contested internationally among authorities and global agencies. The Authority also consulted the Digital Safety Team at the Department of Internal Affairs (DIA), which deals with issues including countering child sexual exploitation. DIA advised that it does not use the phrase ‘child pornography’ and considers the term ‘child sexual abuse material’ most accurately describes the illegal material involving children....

Decisions
Joseph and Television New Zealand Ltd - 2020-129 (9 February 2021)
2020-129

The Authority has not upheld a good taste and decency complaint that the treatment of a clip showing a ‘devastating’ explosion in Lebanon was inappropriate in a segment rounding up ‘all the crazy, messed-up oddities’ of the week. The context and the importance of freedom of expression meant there was no harm justifying regulatory intervention in the circumstances. Not Upheld: Good Taste and Decency; Discrimination and Denigration...

Decisions
Guzzo and TelstraClear Ltd - 2002-116
2002-116

ComplaintThe Happy Hooker Goes to Hollywood – film screened on MGM Channel at 7. 30pm on TelstraClear – nudity and sexual content – inappropriate timing – TelstraClear upheld complaint as breach of good taste and decency – apologised – future screening rescheduled to 4. 25am – dissatisfied with action taken FindingsScreenings of films in future by TelstraClear will comply with Standard Subscription Code rather than Advanced Code – action taken sufficient This headnote does not form part of the decision. Summary [1] The film The Happy Hooker Goes to Hollywood was screened on the MGM Channel at 7. 30pm on 28 March 2002. The MGM Channel is available to subscribers of both Sky and TelstraClear....

Decisions
Hueting and SKY Network Television Ltd - 2004-007
2004-007

ComplaintEmmanuelle 7 – adult movie – rape scene – offensive Findings Standard S2 – eroticised rape scene – unacceptable in context of adult movie – upheld Standard S29 – rape theme not treated with utmost care – upheldNo OrderThis headnote does not form part of the decision. Summary[1] The adult movie Emmanuelle 7 was screened at 12. 30am on 13 September 2003 on SKY 1. The movie is rated “18”. [2] Rudy Hueting complained to SKY Network Television Ltd, the broadcaster, that a rape scene in the movie was unsuitable for broadcast. [3] Declining to uphold the complaint, SKY maintained that in context the scene did not offend against broadcasting standards relating to good taste and decency or programmes which have rape as a theme. [4] Dissatisfied with SKY's decision, Mr Hueting referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Rape Prevention Group and 6 Others and SKY Network Television Ltd - 1995-054–1995-060
1995-054–060

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision Nos: 54/95 - 60/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RAPE PREVENTION GROUP of Christchurch H SUTHERLAND of Christchurch F MAWSON of Christchurch JOHANNES PATER of Christchurch STEPHANIE JOHNSON of Christchurch MURRAY JOHNSON of Christchurch S FINDLAY of Christchurch SKY NETWORK TELEVISION LIMITED Broadcaster I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
Livesey and TelstraClear Ltd - 2007-092
2007-092

Complaint under section 8(1)(a) of the Broadcasting Act 19899 Songs – film included explicit scenes of unsimulated sexual intercourse, oral sex, masturbation and ejaculation – broadcast at 8. 30pm on Rialto Channel – allegedly in breach of content classification and warning standard, and good taste and decency Findings Standard P1 (content classification, warning and filtering) – 18 S classification was inadequate to advise viewers about the explicit sexual content – should have included a visual and verbal warning prior to the broadcast – upheld Standard P2 (good taste and decency) – lack of warning and audience expectations of Rialto Channel – upheld No Order This headnote does not form part of the decision. Broadcast [1] At 8. 30pm on Saturday 7 July 2007, a movie entitled 9 Songs was broadcast on Rialto Channel. The channel was available to both SKY Television and TelstraClear subscribers....

Decisions
Women Against Pornography (WAP) and SKY Network Television Ltd - 1996-051
1996-051

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-051 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN AGAINST PORNOGRAPHY of Auckland Broadcaster SKY NETWORK TELEVISION LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Rape Prevention Group and 6 Others and SKY Network Television Ltd - 1995-116–1995-125
1995-116–125

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision Nos: 116/95 - 125/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RAPE PREVENTION GROUP (4) of Christchurch H SUTHERLAND of Christchurch F MAWSON of Christchurch JOHANNES PATER of Christchurch STEPHANIE JOHNSON of Christchurch MURRAY JOHNSON of Christchurch S FINDLAY of Christchurch SKY NETWORK TELEVISION LIMITED Broadcaster J M Potter Chairperson L M Loates R McLeod...

Decisions
Hamilton and TelstraClear Ltd - 2004-094
2004-094

Complaint under s. 8(1)(a) of the Broadcasting Act 1989The 5th Wheel – overt sexual content – allegedly bad taste and inappropriate for childrenFindings Standard S2 (good taste and decency) – context – upheld Standard S20 (children) – unacceptable for broadcast during children’s normally accepted viewing times – upheldOrder Section 16(4) – $1,500 costs to the CrownThis headnote does not form part of the decision. Broadcast [1] An episode of The 5th Wheel, an American dating show which featured overt sexual content, was broadcast on Sky1 at 6. 30pm on 5 February 2004. In the episode, two men and two women went on a date horse riding, and then to dinner. At dinner, a third woman (a Las Vegas showgirl) joined the date and the contestants then chose who they preferred to date again....

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