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Decisions
Harang and Television New Zealand Ltd - 2007-097
2007-097

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item showed footage of female strippers dancing in a strip club – 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) – majority – broadcaster was sufficiently mindful of the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 21 August 2007, reported on the controversy in Australia following an admission by an Australian politician that he had visited a strip club while in New York. The reporter then questioned several New Zealand MPs about whether they had ever been to a strip club....

Decisions
Keeley and Television New Zealand Ltd - 2018-094 (4 February 2019)
2018-094

Summary[This summary does not form part of the decision. ]During an episode of Seven Sharp the presenter Hilary Barry welcomed a temporary presenter, Matt Chisholm, who responded by saying ‘it’s bloody good to be here’. The Authority did not uphold a complaint that the use of the word ‘bloody’ breached the good taste and decency standard, finding the use of the term in the context of this programme was not inappropriate or unnecessary. The Authority has consistently found this expression to be colloquial language commonly used as an exclamation in our society. The Authority noted that Seven Sharp is aimed at adult viewers and the expression was not intended to be aggressive or pejorative. Overall, the Authority found that any potential for harm by the use of this term did not justify a restriction on the broadcaster’s right to freedom of expression....

Decisions
Campbell and Radio New Zealand Ltd -2019-077 (18 February 2020)
2019-077

Warning: This decision contains language that some readers may find offensive. The Authority upheld a complaint that the use of the word ‘fuck’ in an episode of the programme Eating Fried Chicken in the Shower breached the good taste and decency and children’s interests standards. While the Authority recognised the value and nature of the programme, it was not preceded by any offensive language warning which the Authority considered necessary as the language used was outside audience expectations for the programme, and the programme was aired at 7:30pm, at a time when children may be listening. Upheld: Good Taste and Decency, Children’s Interests No Order...

Decisions
Shenken and The Radio Network Ltd - 2004-071
2004-071

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....

Decisions
Forbes-Dawson, Popping and Wimalasena and CanWest TVWorks Ltd - 2006-109
2006-109

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item dealt with controversy about forthcoming Erotica Parade to be held in Auckland – included footage of bare-breasted women – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News broadcast on TV3 at 6. 00pm on 15 August 2006 dealt with controversy which had arisen after the Auckland City Council issued a permit for a parade down as part of the forthcoming Erotica Lifestyles Expo....

Decisions
Hooker and TV4 Network Ltd - 2002-029
2002-029

ComplaintSouth Park – necrophilia – offensive theme FindingsStandard G2 – offensive material notwithstanding context – uphold No Order This headnote does not form part of the decision. Summary [1] An episode of South Park was broadcast on TV4 at 9. 00pm on 13 September 2001. South Park is a cartoon comedy series. [2] Michael Hooker complained to TV4 Network Ltd, the broadcaster, that the "entire episode was based on the theme of necrophilia" (sex with a dead person), which he considered to be outside the accepted norms of taste and decency in the context of a comedy. [3] TV4 declined to uphold the complaint. It did not consider that the programme breached standards relating to good taste and decency. [4] Dissatisfied with TV4’s decision, Mr Hooker referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Mainwaring and Television New Zealand Ltd - 1998-019
1998-019

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-019 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAY MAINWARING of Rangiora Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Stanton and Television New Zealand Ltd - 1998-097
1998-097

Summary An episode of Shortland Street, broadcast by Television New Zealand Limited, between 7. 00 and 7. 30pm on 15 May 1998, included a scene which depicted a male and a female character in bed together after sexual activity. Mr Stanton complained that as the scene portrayed an extra-marital sexual relationship, it should not have screened in peak family viewing time where it would have been watched by many younger viewers. He also claimed that Shortland Street in general contained too many storylines which involved extra-marital sexual relationships. TVNZ declined to uphold the complaint that the broadcast was offensive, unbalanced or inappropriate for its PGR timeslot. Dissatisfied with the broadcaster’s decision, Mr Stanton referred the 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....

Decisions
Johnston and TV3 Network Services Ltd - 1997-092
1997-092

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-092 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBITA JOHNSTON of Tauranga Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Michington and TVWorks Ltd - 2010-047
2010-047

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bro’ Town – characters talked about young boy being a “bastard” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – programme encouraged acceptance of children of single parent families rather than encouraging discrimination against them – legitimate humour and satire – not upheld Standard 1 (good taste and decency) – “bastard” was not used as a swear word – material was acceptable for a PGR-rated comedy programme at 7. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Bro’ Town, an animated comedy chronicling the misadventures of five Auckland teenagers growing up in the imaginary suburb of Morningside, was broadcast on C4 at 7. 30pm on Monday 15 March 2010. Some of the characters were shown talking in a backyard....

Decisions
Rae and Television New Zealand Ltd - 1999-174
1999-174

Summary The short film Stella Street was broadcast on TV2 at 10. 25pm on 26 July 1999. Stella Street is a short comedy programme featuring two impersonators who lampoon the performance style of the well-known characters that they portray. Mr Rae complained to Television New Zealand Ltd, the broadcaster, that the programme contained highly offensive language and behaviour. TVNZ did not consider that it had breached any broadcasting standard. It noted the language was used in the context of a short film broadcast at 10. 25pm, carrying an AO certificate, and preceded by a warning. It did not consider the language would have exceeded the expectations of most viewers watching at that time of night. It also observed that the language was used for comedic effect. Dissatisfied with TVNZ’s decision, Mr Rae referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Kingsford and The RadioWorks Ltd - 2000-105
2000-105

ComplaintThe Morning Rumble – toilet humour – offensive behaviour FindingsPrinciple 1 – borderline – majority – no uphold This headnote does not form part of the decision. Summary During "The Morning Rumble", the announcers read out an item called "How to Shite Like A Man". It was broadcast on The Rock on the morning of 21 March 2000. Margaret and Hugh Kingsford complained to The RadioWorks Ltd, the broadcaster, that the item contained "the most disgusting subject matter [they had] ever heard". The RadioWorks responded that although the item was "somewhat tasteless" and might have been better suited to broadcast at a later time in the day, it was a serious attempt at humour. It added that the content and language used was commonplace among the station’s target audience of 18 to 34 year old males. It declined to uphold the complaint....

Decisions
Pridham and Television New Zealand Ltd - 2005-004
2005-004

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fear Factor – episode showed contestant eating live dragonflies – complainant alleged such behaviour was barbaric – allegedly in breach of standards of good taste and decencyFindings Standard 1 (good taste and decency) – well-established programme screened after the AO watershed – item distasteful but did not breach standards of good taste and decency – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factorwas screened on TV2 at 8. 30pm on 18 December 2004. The broadcaster described Fear Factoras a reality programme in which contestants are challenged to take part in activities which they find frightening, repellent, or disgusting. The programme had a Christmas theme and the segment that was the subject of the complaint involved a contestant eating live dragonflies....

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
Hall and Television New Zealand Ltd - 2010-169
2010-169

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Extreme Male Beauty – reality series about a journalist trying to achieve the perfect male body contained male nudity including genitalia – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and not designed to titillate – consistent with AO classification and 9. 30pm time of broadcast – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Extreme Male Beauty, a reality series following a journalist and his journey to have the perfect male body, was broadcast on TV One at 9. 30pm on Wednesday 15 September 2010....

Decisions
The New Zealand Woman and Television New Zealand Ltd - 2002-016, 2002-017
2002-016–017

ComplaintOne News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

Decisions
Schwabe and Radio New Zealand Ltd - 2002-091
2002-091

ComplaintCountry Life – National Radio – bugger – offensive languageFindingss. 4(1)(a) – decline to determine – complaint vexatious Orders. 16(2)(a) – costs to broadcaster of $150This headnote does not form part of the decision. Summary [1] Country Life is a programme dealing with rural issues broadcast on National Radio. It is broadcast between 7. 00–8. 00pm on Friday evening and repeated at 7. 00am on Saturday morning. The programme broadcast on Saturday morning 13 April 2002 included a segment about a group of 20 mentally-impaired people in a Trust who were working on a farm. One of the men when interviewed used the phrase “bugger-all”, and the interviewer repeated the term in his next question. [2] Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the use of this word on National Radio was offensive....

Decisions
Denley and Television New Zealand Ltd - 2007-065
2007-065

Complaint under section 8(1)(a) of the Broadcasting Act 1989Shortland Street – contained a scene in which a character dreamed about a sexual encounter – 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) – programme was classified PGR – no nudity – broadcaster was mindful of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Shortland Street, broadcast at 7pm on 31 May 2007, a scene showed two of the main characters, Maia and Mark, involved in a sexual encounter. The scene contained head-and-shoulder shots of both characters apparently having sex. The scene ended eight seconds later with the character Maia waking up and realising that the sexual encounter with Mark was just a dream....

Decisions
Holding and Television New Zealand Ltd - 2004-061
2004-061

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Serial Mom – movie – language – included repeated use of “fuck” – allegedly bad tasteFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld This headnote does not form part of the decision. Broadcast [1] Serial Mom, a satirical movie about a murderous suburban mother in America, was broadcast on TV2 from 10. 30pm on 26 January 2004. Early in the movie, the lead character makes an obscene telephone call. During the call the word “fuck” is spoken repeatedly and other offensive language is also used. Complaint [2] Doreen Holding complained to Television New Zealand Ltd, the broadcaster, about the use of the word “fuck”....

Decisions
Tan and Television New Zealand Ltd - 2013-027
2013-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

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