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Decisions
Fabian and CanWest TVWorks Ltd - 2007-001
2007-001

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News Special – programme entitled “Let Us Spray” – discussed some of the issues surrounding the manufacture of chemicals at the Dow Chemical plant in Paritutu – showed images of babies born with various deformities – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – subject matter easily recognisable as being appropriate for adults – clear and sufficient warnings immediately prior to images being shown – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News Special entitled “Let Us Spray” was broadcast at 7pm on 23 October 2006. The programme discussed some of the issues surrounding the manufacture of chemicals – particularly 2,4,5T – at the Dow Chemical plant in Paritutu....

Decisions
Taylor and The Radio Network Ltd - 2006-122
2006-122

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – played soundtrack which conveyed the impression that a woman was having sex with a bull – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – soundtrack was gratuitous and prolonged – theme of bestiality would have offended a significant number of listeners – played when children were likely to be listening – upheld No Order This headnote does not form part of the decision. Broadcast [1] At approximately 10. 15am on Sunday 22 October 2006, the presenter of Radio Sport played an audio track containing sounds which conveyed the impression that a woman was having sex with a bull. The soundtrack lasted for 34 seconds, after which the presenter made the following comments: My god is there nothing those people won’t get up to up there....

Decisions
Salas and Television New Zealand Ltd - 2005-074
2005-074

Complaint under section 8(1)(a) of the Broadcasting Act 1989Seven Periods with Mr Gormsby – comedy series about a politically incorrect relief teacher – teacher threatened to sodomise a pupil – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] In an episode of Seven Periods with Mr Gormsby, a comedy series about a politically incorrect teacher in a New Zealand school, the main character threatened to sodomise a pupil if he refused to name which of his classmates had drawn a crude cartoon on the blackboard. The episode screened on TV One at 9. 35pm on 6 May 2005. Complaint [2] Dame Laurie Salas complained to Television New Zealand Ltd, the broadcaster, that the scene was not something a viewer would expect in “supposedly responsible” television....

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Decisions
Schwabe and Television New Zealand Ltd - 2001-056
2001-056

ComplaintReel Life: The Lost Boys – documentary – language – fucking as adjective – "I’ll fucking kill everything" – offensive FindingsSection4(1)(a) – language helped viewers understanding of young man – other contextual factors – rating – time – warning – no uphold This headnote does not form part of the decision. Summary The documentary Reel Life: The Lost Boys looked at the Columbine High School shooting in Colorado in 1999. An actor read from the website of one of the assailants in which, among other matters, he referred to "fucking people" and said "I’ll fucking kill everything". The programme was broadcast on TV One at 9. 45pm on 2 March 2001. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the "f" word was offensive and its use in the documentary breached the standards....

Decisions
Irwin and Television New Zealand Ltd - 2010-087
2010-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
Binks and 20 Others and TVWorks Ltd - 2010-141
2010-141

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Outrageous Fortune – coarse language broadcast during the first ten minutes of the programme including the word “cunt” – broadcaster upheld breaches of good taste and decency and children’s interests standards in relation to the use of the word “cunt” – action taken allegedly insufficientFindingsStandard 9 (children’s interests) – guideline 9b – frequent use of language amounted to broadcast of strong adult material too close to 8. 30pm watershed – broadcaster did not adequately consider children’s interests – upheld Standard 8 (responsible programming) – frequent coarse language and use of the word “cunt” in first 10 minutes of the programme constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheldStandard 1 (good taste and decency) – frequent coarse language before 8....

Decisions
Family First New Zealand and TVWorks Ltd - 2012-037
2012-037

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the Government’s asset sales policy – included excerpts from interviews with opposition MPs, including Hone Harawira who said “bullshit” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency), and Standard 9 (children’s interests) – the word “bullshit” was used by an MP to express his opinion on a controversial political issue – the comment provided information about a political response to the issue as well as providing insight into the characteristics of a political figure, and was therefore of high value in terms of freedom of expression – comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of…...

Decisions
Sargeant and The Radio Network Ltd - 2013-015
2013-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – segment was an attempt at humour and satire – the outcome as broadcast demonstrated flaws in stereotyping – broadcast would not have offended most listeners in context, was not socially irresponsible, and did not reach high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community – not upheld This headnote does not form part of the decision....

Decisions
Bertram and Television New Zealand Ltd - 1993-006
1993-006

Download a PDF of Decision No. 1993-006:Bertram and Television New Zealand Ltd - 1993-006 PDF223. 26 KB...

Decisions
Armitage and Television New Zealand Ltd - 1993-104
1993-104

Download a PDF of Decision No. 1993-104:Armitage and Television New Zealand Ltd - 1993-104 PDF313. 81 KB...

Decisions
Boyce and MediaWorks TV Ltd - 2015-103 (14 April 2016)
2015-103

Summary[This summary does not form part of the decision. ]Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers....

Decisions
Dove and Sky Network Television Ltd - 2017-016 (15 May 2017)
2017-016

Summary[This summary does not form part of the decision. ]The music videos for ‘Starboy’ by The Weeknd and ‘Sexual’ by Neiked were screened between 9pm and 10pm on MTV’s Top 20 Hits. The introduction to the music video for ‘Starboy’ featured singer The Weeknd being suffocated to death with a plastic bag. The music video for ‘Sexual’ featured a variety of animated sexual imagery, including animals having sex and a girl lifting her shirt to expose her breasts. The Authority did not uphold a complaint that these videos were offensive and disturbing. It recognised that the content was challenging and understood the complainant’s concerns regarding the graphic content of such music videos and their impact on young audiences. However, the videos were classified 16C and broadcast between 9pm and 10pm on a Sunday evening, and the programme featured an audience advisory for content....

Decisions
Wood and Radio New Zealand Ltd - 2019-036 (17 September 2019)
2019-036

The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration...

Decisions
O’Hagan and MediaWorks Radio Ltd - 2021-136 (25 January 2022)
2021-136

The Authority has not upheld a complaint under the good taste and decency and other standards about comments on Magic Talk regarding the LynnMall terror incident. Host Stephen McIvor responded “well spoken” to a caller who praised police for their actions (killing the suspect) which saved the country money. While insensitive, the comments did not reach the threshold for regulatory intervention. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order...

Decisions
Boulton and NZME Radio Ltd - 2022-043 (2 August 2022)
2022-043

During the programme Tim Roxborogh & Tim Beveridge Afternoons, the hosts discussed Russia’s recent invasion of Ukraine. In response to Roxborogh’s question of ‘how do you stop Putin? ’ Beveridge answered that the only thing would be ‘…a bullet to the back of Putin’s head. He has to be taken out by someone. ’ The complainant alleged that these comments breached the good taste and decency, violence, law and order, and fairness standards as they incited violence. The Authority did not uphold the complaint, finding the comments did not reach a threshold justifying regulatory intervention. In particular, the Authority noted the comments did not amount to a threat or call to action, were not likely to incite action against President Putin, and were made in the context of a discussion about President Putin’s invasion of Ukraine, which has led to significant loss of life and the displacement of Ukrainians....

Decisions
C B and Energy Enterprises Ltd - 1994-098
1994-098

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 98/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C B of New Plymouth Broadcaster ENERGY ENTERPRISES LIMITED of New Plymouth I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Decisions
Gibson and Discovery NZ Limited - 2021-096 (27 October 2021)
2021-096

A promo of Killer Couples was aired during the programme Drop Dead Fred at 7. 49pm. The Authority did not uphold a complaint the promo breached the good taste and decency, children’s interests and violence standards. The Authority found the promo was unlikely to cause widespread undue offence or distress and did not go beyond what was expected in a PG classification. It also found the promo did not include any violent content as envisaged by the violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

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