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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

ComplaintBookmarks – book reading – offensive language; unsuitable for children FindingsPrinciple 1 – potential breach averted by words being beeped – no language or concepts which would offend – not targeted at children – no uphold This headnote does not form part of the decision. Summary An extract from the book "They who do not Grieve" by Sia Figiel was read by her on the Bookmarks programme broadcast on National Radio on 2 December 1999 beginning at 7. 00pm. Part of the extract was masked by an audible beep. Douglas Bacon complained to Radio New Zealand Ltd that the extract read was vulgar and that he could hardly believe the "obscenities" it contained. He said he took into account that it was broadcast during the early evening when younger people could be listening....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed autopsy photographs of child who had been beaten to death – allegedly in breach of good taste and decency, privacy, fairness, programme classification, children’s interests, and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – standard does not apply to deceased individuals – not upheld Standard 6 (fairness) – standard does not apply to deceased individuals – not upheld Standard 7 (programme classification) – standard does not apply to unclassified news programmes – not upheld Standard 9 (children’s interests) – broadcaster sufficiently mindful of the interests of child viewers – not upheld Standard 10 (violence) – broadcaster exercised care and discretion in broadcasting the photographs – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – report on a terrorist threat in America in run-up to Presidential election – presenter joked that the country was facing a nightmare other than the prospect of George W Bush being re-elected – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – comment clearly a joke – no breach of good taste and decency – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on 13 July 2004 on TV3 at 6pm reported on a terrorist threat in America in the run-up to the Presidential election. The presenter (John Campbell) said: The United States is suddenly confronting the prospect of a nightmare – no, not George W [Bush] being re-elected – but the election itself having to be cancelled....

Summary The forthcoming wedding of Sophie Rhys Jones and Prince Edward was discussed on Saturday morning 19 June 1999 by the presenter of Newstalk ZB (Pam Corkery) and a British Correspondent. To the correspondent’s comment that the colour of the wedding dress was coffee, the presenter remarked: "What a slut". Ms Bristow complained to The Radio Network Ltd, the broadcaster, that the remark was offensive and inappropriate. In response, TRN maintained that the vernacular and colloquial language was acceptable when used by a presenter who was well-known for her colourful language. It declined to uphold her complaint. Dissatisfied with TRN’s decision, Ms Bristow referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Summary A line from the movie American Anthem which included offensive language was the subject of a complaint. In the movie, two gymnasts fall in love and deal with stressful personal lives, while training for the US national team trials. The movie was broadcast on TV2 on 10 October 1999 beginning at 12. 00pm. Kellie Watkins complained to Television New Zealand Ltd, the broadcaster, that the language was inappropriate for the time of broadcast. TVNZ upheld the complaint as a breach of standards G2 and G12. As a consequence, it reported that the movie was reclassified AO, so that future broadcasts in PGR time would be prevented unless the film was cut. TVNZ also apologised to Ms Watkins and her household. Ms Watkins contended that TVNZ’s action in response to the upheld complaint was inadequate....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made comments about how people use public toilets – discussed how the news presenter's mother used to help him go to the toilet when he was a child – talked about suction toilets on trains in America – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – host's comments were light-hearted and intended to be humorous – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6. 30am and 9am on 20 April 2009, the hosts referred to a germ expert who had been interviewed earlier in the programme. This led one of the hosts to talk about the different methods people use to avoid germs in public toilets....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News at Midday – item reported comeback of English matador – showed images of bull with banderillas protruding from its back – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – item did not contain any objectionable footage – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News at Midday, broadcast on TV3 at 12pm on Tuesday 1 September 2009, reported that a 67-year-old English matador was returning to Spain to continue his career in the bull fighting ring following major knee surgery and a quadruple heart bypass. The item included footage of the man getting into costume and in the ring with a bull....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Devlin Live – discussion of a press release from BP Oil explaining prices – allegedly unfair and in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – context – not upheldPrinciple 5 (fairness) – BP Communications Manager not personally attacked – not unfair – not unfair to criticise BP’s policy on fuel prices – not upheldThis headnote does not form part of the decision. Broadcast[1] On Wednesday 7 September 2005, at around 8. 45am, the host of the Radio Live breakfast show Devlin Live, Martin Devlin, made a number of critical comments about a press release from BP Oil concerning petrol prices. The host referred to the press release as “PR BS” (public relations bullshit), and offered his view that BP Oil were trying to “screw” and “root” consumers....

Summary [This summary does not form part of the decision. ]Following news of Kim and Mona Dotcom’s marriage breakup, the Hauraki Breakfast Show featured a satirical interview with a sex therapist. The Authority did not uphold the complaint that this was offensive and in bad taste, and unsuitable for broadcast at 8. 35am. The content was typical of Radio Hauraki and would not have unduly surprised or offended regular listeners. Not Upheld: Good Taste and DecencyIntroduction[1] In the wake of Kim and Mona Dotcom’s marriage break-up, three hosts on the Hauraki Breakfast Show interviewed a ‘sex therapist’ on the issue of what they described as ‘big on small sex’. The ‘sex therapist’ was apparently not a real doctor, but playing the part in a scripted satirical skit. The discussion was broadcast at 8. 35am on Radio Hauraki on 19 May 2014....

Warning: This decision contains language and themes that some readers may find offensive. Summary[This summary does not form part of the decision. ]National Treasure is a four-episode fictional mini-series telling the story of a famous comedian’s life falling into chaos following allegations against him of historical sexual abuse. The Authority did not uphold a complaint that the use of the word ‘fuck’ in the first two episodes, or a conversation about oral sex in the first episode, breached the good taste and decency or children’s interests standards. The Authority acknowledged that some viewers may find this content challenging or offensive....

Summary[This summary does not form part of the decision. ]Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News– item reported on the Warriors rugby league team’s anti-bullying campaign – included video footage of high school students fighting – allegedly in breach of good taste and decency, law and order and violenceFindings Standard 1 (good taste and decency) – introduction clearly signposted that item contained violent material – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6....

Complaints under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Robert and Jono’s Drive Show – Valentine’s Day “Win a Divorce” promotion – broadcast was sabotaged by participants – allegedly in breach of good taste and decency, privacy, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 6 (fairness), Standard 8 (responsible programming) – concept of the promotion was not reflected in the broadcast – not upheldThis headnote does not form part of the decision. Introduction[1] The Rock radio station ran a promotion called “Win a Divorce” which culminated in a broadcast during Robert and Jono’s Drive Show on the afternoon of 14 February 2012. The hosts rang a second participant on the instructions of the first, her partner, who allegedly wanted a divorce....

Summary[This summary does not form part of the decision. ]The Nation presenters wore poppy pins while they reported on ANZAC Day commemorations. The Authority did not uphold a complaint that the removal of the RSA ribbon from the pins offended current norms of good taste and decency and was misleading. While it may have upset some viewers, this was a matter of editorial discretion rather than an issue of broadcasting standards. Not Upheld: Good Taste and Decency, AccuracyIntroduction[1] The Nation presenters wore poppy pins while they reported on ANZAC Day commemorations. The RSA ribbon had been removed from the pins. [2] Russell Wignall found this offensive because he considered that altering the poppy by removing the RSA ribbon was, in effect, defacing it. [3] The issue is whether the broadcast breached the good taste and decency and accuracy standards of the Free-to-Air Television Code of Broadcasting Practice....

Download a PDF of Decision No. 1992-029:Rosa and TV3 Network Services Ltd - 1992-029 PDF293. 58 KB...

In an episode of The Sean Plunket Working Group, one of the presenters commented ‘fuck this is good radio’ before the commercial break. A complaint that this breached the good taste and decency standard was upheld by the broadcaster in the first instance. The Authority1 did not uphold a complaint that the action taken by the broadcaster was insufficient to remedy the breach, considering the word was not intended to be aired, and the broadcaster upheld the complaint in the first instance, apologising for the mistake. The Authority did not uphold a complaint that the references to camps in the broadcast breached the standard as they were made in connection with quarantine management, and did not carry the ‘prison camp’ connotations suggested by the complainant. Not upheld: Good taste and decency (including action taken)...

The Authority has not upheld a complaint that an episode of The Simpsons breached the good taste and decency, children’s interests and violence standards. Considering the relevant contextual factors, the Authority found the episode was unlikely to cause widespread undue offence or distress, to undermine widely shared community standards or to cause harm to children. The Authority considered the episode did not contain material beyond what viewers could reasonably expect from the programme. The Authority also found the item did not contain any graphic depictions of violence. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...