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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-167 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS SORRELL of Darfield Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
SummaryThe arrest of Headhunter gang members was covered in an item broadcast on 3 News on 11 December 1998. Russell Gillies complained to TV3 Network Services Limited, the broadcaster, that because the item had shown footage of gang members giving the camera, and therefore the viewer, "the fingers", it had failed in its responsibility to maintain standards of good taste and decency. Mr Gillies described the gesture as a defiant act which was intended to be an insult, and argued that the inclusion of it in the item was offensive. TV3 advised Mr Gillies that after viewing the item, and examining the context in which "the fingers" symbol was shown, it had concluded that currently accepted norms of decency and taste had not been breached. Dissatisfied with TV3’s decision, Mr Gillies referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....
SummaryA segment on consumer rights relating to boundary fences was included in Target broadcast on TV3 on 29 August 1999 beginning at 7. 00pm. A brief shot of a man’s buttocks was seen in a skit performed by two actors. Dawn Shelford, on behalf of Preserving Communication Standards Trust Inc, complained that she and the members of her group found this segment objectionable. She said they did not consider it appropriate for this segment to have been included in a consumer rights programme as it was "a kind of titillation based on public indecency". TV3 responded that the 7-second view of the actor’s bare bottom was in its view acceptable in the context. It did not agree that the scene was objectionable and exceeded community standards of decency. It declined to uphold the complaint. For the reasons given below, the Authority declines to determine the complaint....
Complaint under section 8(1C) of the Broadcasting Act 1989Bhajan Sanghra – host started a discussion about the National Party taking over from the previous Labour-led government – host believed that New Zealand's Indian community had been well supported under Labour – voiced concerns regarding what the National-led government would do to assist and support the New Zealand Indian community – encouraged listeners to text him with their concerns, which he would forward to the National Party – allegedly in breach of good taste and decency and controversial issues standards Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 4 (controversial issues – viewpoints) – did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Big Love – fictional series about polygamist family in America – scene showed one of the wives nearly walking in on her husband and another wife having sex in her bedroom – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcast not during children’s normally accepted viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] Big Love was a fictional series about a polygamist businessman living with three wives in modern day Utah, America. The first two episodes of the series were broadcast consecutively on Saturday 29 July 2006 commencing at 8. 30pm on TV2....
ComplaintTeachers – promo – reference to periods, sanitary towels and tampons – offensive FindingsStandard 1 and Guideline 1a – context – time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] A promo for the series Teachers was broadcast during the screening on TV One of the Led Zeppelin concert The Song Remains the Same, which started at 10. 30pm on Saturday 5 April 2003. [2] G E Williams complained to Television New Zealand Ltd, the broadcaster, that the references to periods, sanitary towels and tampons in the promo, broadcast without warning, were offensive. [3] Initially TVNZ treated the complaint, in error, as an informal one. When it responded to the formal complaint, TVNZ contended that the references were not inherently offensive and, furthermore, had been broadcast more than two hours after the 8. 30pm watershed. It declined to uphold the complaint....
ComplaintThe Weakest Link – G rating – contestant said "pissed off" – offensive language FindingsStandard 1 and guideline a – contextual matters – no uphold Standard 9 and guideline a – context and use – no uphold This headnote does not form part of the decision. Summary [1] A celebrity edition of The Weakest Link was broadcast on TV One between 7. 40–8. 40pm on 6 January 2002. A contestant, Pam Corkery, said among her later final comments that she was "pissed off" at her inability to answer one specific question. [2] Gordon Hayes complained to Television New Zealand Ltd, the broadcaster, that to include such language in a programme rated G was "absolutely disgusting". [3] In response, TVNZ described the phrase as a "mild vulgarism" which was not sufficiently offensive to breach current community standards, and that children who were still awake after 8....
ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 July 2002 at 9. 35pm on TV One included a scene of two males having sex. [2] N N Rodley complained to Television New Zealand Ltd, the broadcaster, that the scene was too graphic, and that he had "never seen two males copulating on TV. " [3] In declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Rodley referred the complaint to the Broadcasting Standards Authority under s....
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....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host referred to comments by chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – host said, “In other words, when a woman is on her rags, she calls in crook to work” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – while comment would have offended some listeners, the phrase was colloquial and referring to menstruation which is not in itself derogatory – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 9. 30pm during a talkback programme on Newstalk ZB, broadcast on the evening of 24 June 2011, the host referred to recent comments made by the chief executive of the Employers and Manufacturers Association (EMA)....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – instrumental excerpts from the song “Smack My Bitch Up” by Prodigy played in the background during item reporting on violence against women – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – broadcast not unacceptable in context and within broadcaster’s right to freedom of expression – only viewers who knew the song would have recognised it from the instrumental excerpts – use of the instrumental excerpts did not undermine the important message of the segment but drew attention to, and raised awareness of, the issue – rhythm and tone of music fitted segment – not upheld This headnote does not form part of the decision....
Download a PDF of Decision No. 1993-096–097:Sharp and Leonard-Taylor and Television New Zealand Ltd - 1993-096, 1993-097987. 7 KB...
Download a PDF of Decision No. 1993-145:Foxley and Radmass 99. 4FM - 1993-145 PDF474. 55 KB...
Download a PDF of Decision No. 1992-014:Wardlaw and Television New Zealand Ltd - 1992-014 PDF369. 17 KB...
Summary [This summary does not form part of the decision. ] The Paul Henry Show screened a clip showing several rodents running on a working turntable accompanied by music. The Authority did not uphold the complaint that this constituted animal cruelty and breached standards of good taste and decency. This was a quirky internet clip, it was intended to be light-hearted and humorous, and the Authority had no reason to believe the animals were treated cruelly. Not Upheld: Good Taste and Decency Introduction [1 The Paul Henry Show screened an internet clip showing several rodents running on a working turntable accompanied by music. The programme was broadcast on TV3 on 22 May 2014 at 10. 30pm. [2] Heather Moodie made a formal complaint to MediaWorks TV Ltd (MediaWorks), alleging that the footage constituted cruelty to animals....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tiger’s Tail – movie contained scene which combined sex and violence – allegedly in breach of standards relating to good taste and decency, law and order and violence FindingsStandard 10 (violence) – guideline 10c – depiction of rape required pre-broadcast warning – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 2 (law and order) – movie did not glamorise rape, or otherwise promote or condone rape – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] A movie called The Tiger’s Tail was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 31 October 2010....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Two and a Half Men – episode screened at 7. 30pm contained sexual innuendo including references to being “spanked”, “wearing my panties”, and transmitting sexual diseases – showed naked man with his genitals pixellated – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – sexual innuendo was inexplicit and sophisticated so that it would have gone over the heads of younger viewers – nudity pixellated – content consistent with programme’s PGR rating – contextual factors – not upheld Standard 9 (children’s interests) – episode correctly rated PGR – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. ...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989All Night Programme – reviewed book about events during World War II – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – review did not minimise the horror of the Holocaust or the events depicted in the novel – book presented as a historical fictional novel that was a blend of fact and fiction – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] During the All Night Programme, broadcast on Radio New Zealand National on 9 May 2012, a guest reviewed a book called “Himmler’s brain is called Heydrich”, written by Laurent Binet. The book is in the genre of historical novel where a fictional account is written around an historical event....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....