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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 63/94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MAURICE NEW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-064 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RICHARD GALE of Dunedin Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – “channel-surfing” segment – brief shot of “viewer’s” hands masturbating a penis-shaped dildo in front of the television – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – penis was obviously not real – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10pm on TV2 on 16 November 2007, contained a segment in which a “viewer” channel-surfed through a number of television programmes, some fabricated. The segment was constructed from the viewer’s point of view, so that the audience could see only the viewer’s hands. On three occasions, the viewer changed the channel to TV3, which was screening the breakfast show Sunrise. Each time, the viewer’s hands were shown doing something in the foreground....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with female porn star about her thoughts on feminism and sexuality – included footage of porn star wearing lingerie and clips from her pornographic movies – broadcaster upheld complaint under good taste and decency and children’s interests standards – action taken allegedly insufficient FindingsAction taken – Standards 1 (good taste and decency) and 9 (children’s interests) – serious breach of good taste and decency and children’s interests standards – action taken by broadcaster was insufficient – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – costs to the Crown of $3,000 This headnote does not form part of the decision. Broadcast [1] During an episode of Close Up, broadcast on TV One at 7pm on 11 August 2010, a reporter interviewed a female porn star, Nina Hartley, about her life and thoughts on feminism and sexuality....

ComplaintThe Racing Show – comment that caller should "stick his head up his arse" – offensive language FindingsPrinciple 1 and Guideline 1a – offensive remark – breach – uphold No Order This headnote does not form part of the decision. Summary [1] The Racing Show was broadcast on Radio Pacific on Friday 27 December 2002. During an on-air discussion between the host and a caller at 4. 30pm the caller alleged that the host had favoured a personal friend when he had selected the winners of the "$50 caller bets". A disagreement developed, and in response to the allegation, the host said to the caller "oh, go and stick your head up your arse". [2] M D Sharp complained to The RadioWorks Ltd, the broadcaster, that the comment was objectionable and obscene....

ComplaintZG FM Gisborne – offensive language – "eff–off" – "piss off" – reference to complainant on air FindingsPrinciples 1 and 7 – in context – no uphold Principle 5 – reference ambiguous – no uphold CommentBroadcaster’s complaints procedure and process for recording programmes unsatisfactory This headnote does not form part of the decision. Summary During the morning programme on 22 September 2000, an announcer on Gisborne’s ZG FM said "eff-off". On 20 October he said that by playing a certain song, he would "piss off" some colleagues. After a listener called the station to complain about his language, the announcer made reference to her complaint on 25 October, saying "I can’t say ‘piss off’ or Mrs Pascall will get hacked off about it....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

ComplaintSomething for the Weekend – fiancee asked to identify her fiance’s penis from those of four other men – exposing penises – offensive behaviour FindingsStandard G2 – context – adult comedy and penises partly dressed – no uphold This headnote does not form part of the decision. Summary [1] Something for the Weekend was a British studio-based entertainment series broadcast on TV3 at 9. 30pm each Saturday evening. It used fun and unusual games to look at love, sex and relationships. In a segment in the programme broadcast on 7 July 2001, Leanne, a contestant was asked to identify her fiance from a group of five men. Each man was concealed in a large filing cabinet and the penis was the only part of each man’s body that Leanne saw. Each penis had been "dressed" to represent a famous detective character....

Summary [This summary does not form part of the decision. ]During Canterbury Mornings with Chris Lynch, the host expressed frustration with the length of time it had taken police to decide whether to proceed with criminal investigations in relation to the collapse of the CTV building in the Christchurch earthquake. He said, ‘for Christ’s sake, police, you can do better than this’. The Authority did not uphold the complaint that the use of the word ‘Christ’ breached standards. The use of ‘Christ’ as an exclamation to express surprise or dismay has become an accepted part of colloquial speech and would not have offended most listeners. Not Upheld: Good Taste and Decency, Responsible ProgrammingIntroduction[1] During Canterbury Mornings with Chris Lynch, the host discussed the progress of an investigation into the collapse of the CTV building in the February 2012 Christchurch earthquake....

Summary[This summary does not form part of the decision. ]The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive....

The Authority has declined to determine a complaint about the introduction to a news item on New Zealand Rugby which used the terms ‘blasted’ and ‘bombshell’ immediately after an item reporting on violence in Gaza. The Authority considered that the complaint raised issues which were editorial decisions not properly addressed by broadcasting standards, so should not be determined by the Authority. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act)...

The Authority has not upheld a complaint about the host’s language and approach during an interview broadcast on Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. During the interview Mr Plunket appeared increasingly frustrated and hung up on the interviewee after using the phrase, ‘Jesus Christ’. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case....

Download a PDF of Decision No. 1993-005:Georgeson and Television New Zealand Ltd - 1993-005 PDF365. 46 KB...

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....

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...