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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 131/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VALERIE O'BRIEN of Invercargill Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Trinny and Susannah: The Great British Body – large group of naked British people formed a sculpture of a naked person – contained full frontal nudity – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – programme aimed to convey uplifting message about people accepting their bodies – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The final episode of Trinny and Susannah: The Great British Body was broadcast on TV One at 2pm on Saturday 25 July 2009. Throughout the series, style gurus Trinny and Susannah had travelled across Britain talking to people about their naked bodies, with the aim of changing the way Britons viewed their bodies and celebrating the qualities that made each of them unique....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – 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 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

ComplaintRadio Pacific – talkback host's reference to graffiti artists’ attitude to suicide included the words – they "should commit suicide more quickly" – immature – bigoted – offensive FindingsPrinciple 1 and Principle 7 Guideline 7a – no tape – decline to determine Principle 8 – relevant – uphold No Order This headnote does not form part of the decision. Summary [1] Graffiti artists were discussed on talkback broadcast on Radio Pacific at about 4. 15pm on 1 June 2001. In reply to a caller expressing concern about the suicide rate among that group, the host had used words to the effect "it is a pity more of them do not commit suicide more quickly". [2] Alan Royal complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the remark was "immature, bigoted and offensive"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – discussion about oil prices – guest referred to “thieving Arab bastards” – allegedly in breach of good taste and decency and denigrated ArabsFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld Principle 7 and Guideline 7a (denigration) – did not amount to blackening or hate speech – not upheldThis headnote does not form part of the decision. Broadcast [1] During a light-hearted exchange about what he regarded as the exorbitant cost of filling the petrol tank in his car, a guest on Radio Sport used the phrase “thieving Arab bastards”. The comment was broadcast at about 8. 30am on 31 March 2006. Complaint [2] Jack Sturt complained to The Radio Network Ltd, the broadcaster, that the use of the phrase was inexcusable....

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…...

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host commented with reference to ACT MP David Garrett, “He is a complete waster....

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

ComplaintPromos – Cyberzone – Angel – Star Hunter – Freakylinks – The Strip – nudity – undressing – scary faces – stripping – unsuitable for children – promos for AO programmes screened in G and PGR time bands FindingsStandard 1 – context including programme in which promo broadcast – no uphold in each case Standard 9 – adult themes and adult language in promo for The Strip broadcast in G time slot – uphold; other promos complied with PGR rating No Order This headnote does not form part of the decision. Summary [1] A promo for Cyberzone was broadcast during 7th Heaven screened on TV4 between 7. 30–8. 30pm on 10 April 2002. Promos for Angel, Star Hunter and Freakylinks were broadcast during 7th Heaven screened at the same time on 17 April. A promo for The Strip was broadcast during 3 News screened on TV3 between 6. 00–7....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News at 8pm – newsreader used the phrase, “Christ that hurt” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – viewers may have considered the comment mildly inappropriate in the context of a news programme – but was clearly intended to be humorous – within broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TVNZ News at 8pm, broadcast on TVNZ 7 at 8pm on Tuesday 12 July 2011, reported on the birth of a 16-pound baby in Texas, named Ja. During the item, the newsreader commented, “Ja means, ‘Christ that hurt’....

Download a PDF of Decision No. 1992-094:Lane and Television New Zealand Ltd - 1992-094 PDF1. 36 MB...

Download a PDF of Decision No. 1991-054:Young and Television New Zealand Ltd - 1991-054 PDF399. 53 KB...

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...

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

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Glee promo – male character in a wheelchair said, “I want to be very clear, I still have the use of my penis” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – majority of the content was fun and cheerful – sexual innuendo would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Glee, a musical comedy series, was broadcast on TV3 at 9. 45am on 13 January 2011, during The Biggest Loser Australia, which was rated G. Most of the promo showed characters singing and dancing. Near the end of the promo, a boy in a wheelchair was shown saying to a girl, “I want to be very clear....

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....