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Decisions
Rockel and TV3 Network Services Ltd -2000-092
2000-092

Complaint3 News – comment by newsreader – offensive behaviour – mockery of middle-aged women Findings(1) Standard G2 – insufficiently offensive – no uphold (2) Standard G13 – no uphold This headnote does not form part of the decision. Summary A newsreader read an item on 3 News about a group of middle-aged English women who had raised money for charity by posing nude for a calendar, during which he commented "I bet that’s all they raised". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 26 March 2000. Jenny Rockel complained to TV3 Network Services Ltd, the broadcaster, that the newsreader had given the impression that the idea of women’s sexual viability in middle life was laughable. She considered that this was offensive and tasteless. In its response, TV3 said that the remark was unscripted and intended by the newsreader to be amusing....

Decisions
Moore and TV3 Network Services Ltd - 2000-198
2000-198

ComplaintNightline – item about Irish singer Sinead O’Connor’s new album - old footage of O’Connor ripping up photo of Pope – breach of good taste/decency – encouraged discrimination against/denigration of CatholicsFindings Standard G2 – footage not gratuitous – context highly relevant – no uphold Standard G13 – item did not encourage discrimination against/denigration of Catholics – no uphold This headnote does not form part of the decision. Summary A news item about the Irish singer Sinead O’Connor’s latest album, broadcast on Nightline on TV3 just before 11pm on 1 August 2000, included eight-year-old footage of O’Connor ripping up a photo of Pope John Paul II. W M Moore complained to TV3 Network Services Ltd, the broadcaster, that the item breached standards of good taste and decency and encouraged denigration of, or discrimination against, Catholics....

Decisions
Wolf and Television New Zealand Ltd - 2005-009
2005-009

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....

Decisions
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
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
Freeman and Television New Zealand Ltd - 2011-001
2011-001

This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

Decisions
Djurdjevic and MediaWorks TV Ltd - 2016-004 (15 September 2016)
2016-004

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Decisions
Lowry and Television New Zealand Ltd - 2012-118
2012-118

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Coronation Street – broadcast during Breakfast – contained brief image of a woman slapping a man’s face – allegedly in breach of good taste and decency, and children’s interests standards FindingsStandard 1 (good taste and decency) – shot of woman slapping a man’s face was very brief – Breakfast was unclassified and targeted at adults – promo unobjectionable in this context – not upheld Standard 9 (children’s interests) – Breakfast was aimed at adults and any children viewing were unlikely to be doing so unsupervised – promo would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Irwin and Television New Zealand Ltd - 2013-037
2013-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Country Calendar – showed footage of young woman setting a leg-hold trap and moving behind a tree to kill a possum – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – footage was extremely brief and did not show anything graphic or gruesome as possum was killed off-screen – showed pest control as a normal part of rural life – acceptable in context – not upheld This headnote does not form part of the decision. Introduction [1] Country Calendar, an iconic New Zealand series about people living off the land in rural areas, showed footage of a young woman setting a leg-hold trap before moving behind a tree to kill a possum (the actual killing was not shown). The episode was broadcast on 6 April 2013 at 7pm on TV One....

Decisions
Knyazev and MediaWorks TV Ltd - 2014-075
2014-075

Summary [This summary does not form part of the decision. ] A segment on The Paul Henry Show featured the two presenters discussing recent law changes in Russia that mean it is now illegal to misrepresent Russia’s involvement in World War II, and that people would be fined for swearing on television, in theatre or in films. Mr Henry gave examples of Russian swearwords. There was also a discussion about ‘butt plugs’ made in the likeness of Vladimir Putin and of Paul Henry. The Authority did not uphold the complaint that the language, the references to Russia’s involvement in the war, and the discussion about ‘butt plugs’ were offensive. The segment was on late at night and targeted at adults, it was intended to be light-hearted and was consistent with expectations of the show and of Paul Henry....

Decisions
McCabe and MediaWorks Radio Ltd - 2014-129
2014-129

Summary [This summary does not form part of the decision. ]The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The song included one muted use of the word 'fucking'. The Authority did not uphold the complaint that the item breached standards of good taste and decency as the word 'fucking' was not clearly audible and occurred only once in the song. Not Upheld: Good Taste and DecencyIntroduction[1] The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The opening lyrics of the song included one instance of the word 'fucking', which was partly muted. [2] Christine McCabe complained that the word 'fucking' was 'quite audible'. [3] The issue is whether the broadcast breached the good taste and decency standard of the Radio Code of Broadcasting Practice....

Decisions
Sharp and Television New Zealand Ltd - 1992-025
1992-025

Download a PDF of Decision No. 1992-025:Sharp and Television New Zealand Ltd - 1992-025328. 32 KB...

Decisions
Bloomer and Television New Zealand Ltd - 1995-015
1995-015

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 15/95 Dated the 16th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P H E BLOOMER of Napier Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Serfontein and Discovery NZ Ltd - 2022-039 (21 June 2022)
2022-039

The Authority has not upheld a complaint alleging footage during a Newshub Live at 6pm item showing a rugby league player throwing up on the side of the field during a match breached the good taste and decency standard. Taking into account the context of the broadcast, the Authority found the footage was unlikely to cause widespread undue offence. Not Upheld: Good Taste and Decency...

Decisions
Archer and Pirate FM - 1996-026, 1996-027
1996-026–027

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Hind and TVWorks Ltd - 2010-040
2010-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nestle New Zealand’s Hottest Home Baker – baking competition – contestant exclaimed, “Oh my ring went into the cream! ” – host replied, “Usually it’s the other way round” – allegedly in breach of good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – comment was fleeting and unclear – programme broadcast in AO time – not upheld Standard 8 (responsible programming) – rest of the material was acceptable in a G programme – comment would have gone over the heads of child viewers – correctly rated G – screened outside of children’s viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Nestle New Zealand’s Hottest Home Baker was broadcast on TV3 at 8. 30pm on Thursday 25 February 2010....

Decisions
Browne and TV3 Network Services Ltd - 1997-026
1997-026

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-026 Dated the 20th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DIANNE BROWNE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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