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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...

SummaryA programme in the Documentary New Zealand series entitled "Hell for Leather" was broadcast on TV One on 14 June 1999 at 8. 30pm. It examined the fortunes of a footwear company managed by a prominent Maori businesswoman, as it struggled to avoid closure. Staff and management were seen to be severely stressed by the prospect of the business collapsing. Mr Christensen complained to Television New Zealand Ltd, the broadcaster, about the language used in a sequence where the manager and her staff were engaged in heated discussions regarding the company’s future. In his view, the language was unacceptable for broadcast, and should have been edited out. TVNZ responded that it considered the sequence to be important for contextual reasons as it revealed the extent of the strain the people were under....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about a church’s campaign to stop the use of “Jesus” as a swear word – “Jesus” and “Christ” repeated a number of times as examples of the language complained about – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – used as an expression of dismay and surprise – accepted colloquial use – not upheld Standard 4 (balance) – subsumed Standard 6 (fairness) – Pastor Driscoll treated fairly in the item – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7pm on TV One on 12 October 2005 reported that the Rangiora New Life Church had launched a campaign to stop the use of “Jesus” as a swear word....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Bootylicious – PGR promo – broadcast during One News between 6. 00pm and 7. 00pm – crass – objectified women’s bodies – timing of promo unsuitable for childrenFindings Standard 1 (good taste and decency) and Guideline 1a – promo for programme on recent fashion fad – did not threaten current norms of decency and taste – not upheld Standard 7 (appropriate classification) – promo classified “PGR News” – PGR appropriate classification – not upheld Standard 7 (compliance with classification band) and Guideline 7b – One News (although itself unclassified) is in G time-band – PGR promo did not comply with classification band – upheld Standard 9 (children’s interests) – broadcaster considered children’s interests in rating promo PGR – not upheldNo OrderThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretended to be Camilla Parker-Bowles singing a parody version of “Candle in the Wind” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – content of programme clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 3 September 2007, included a skit featuring a person acting as Camilla Parker-Bowles. She was shown singing a parody version of “Candle in the Wind”, supposedly in memory of Diana, Princess of Wales. Complaint [2] Brintyn Smith made a formal complaint about the episode to Television New Zealand Ltd, the broadcaster, alleging that the skit breached standards of good taste and decency....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Holmes – item about Tana Umaga’s appointment as All Black captain – reference to Mr Umaga’s dreadlocks – presenter allegedly implied that dreadlocked sportspeople are incompetent and engage in sexually deviant behaviour and law breaking – allegedly breached standards relating to good taste and decency, law and order, balance, accuracy and fairness Findings Standard 1 (good taste and decency) – presenter’s comments innocuous – neither indecent nor in bad taste – not upheld Standard 2 (law and order), Standard 4 (balance), Standard 5 (accuracy) and Standard 6 (fairness) – matters complained about not expressed or implied in the broadcast – no basis for any of the complainant’s allegations in presenter’s comments – declined to determine This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Ip Man – movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times – contained violence – allegedly in breach of good taste and decency, controversial issues, discrimination and denigration, responsible programming, children’s interests and violence standards Findings Standard 8 (responsible programming) – broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times – upheld  Standard 9 (children’s interests) – broadcaster did not adequately consider children’s interests by incorrectly classifying the movie and screening it outside of AO time – upheld Standard 10 (violence) – while there was some violent behaviour it was not excessive and was consistent with expectations of a martial arts film – however inappropriate classification and timeslots meant broadcaster did not exercise…...

ComplaintThe Ugly – film rated R18 by OFLC – broadcast at 9. 30pm – graphic violence and adult content – offensive – school holidays – unsuitable for children FindingsStandard 1 and Guideline 1a – context included violent theme, cuts, time of broadcast, and warning – no uphold Standard 9 and Guidelines 9a and 9c – 9. 30pm not children’s normally accepted viewing time – no uphold This headnote does not form part of the decision. Summary [1] The film The Ugly, a psychological thriller made in New Zealand, was screened on TV4 at 9. 30pm on Thursday 16 January 2003. [2] The Secretary (David Lane) of The Society for the Promotion of Community Standards Inc. (SPCS) complained to TV4 Network Services Ltd, the broadcaster, that the film breached the standards relating to good taste and decency, and to the protection of children....

ComplaintSex and the City – fuck – offensive language – used by 13 year-old female characters FindingsStandard G2 – context – morality message – no uphold This headnote does not form part of the decision. Summary [1] A number of episodes of the series of Sex and the City have been screened by TV3 since 1999. The series deal with the lives and loves of four single women living in New York City. The episode broadcast at 9. 30pm on 7 August 2001 included instances of 13 year-old girl characters using the word "fuck". [2] Phillip Smits complained to TV3 Network Services Limited, the broadcaster, that three of the 13 year-old female characters used the words "fuck" and "fucking" on several occasions....

Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Tairua – prelude to a song by rap artist DMX titled Gotta Go (Skit ) broadcast at 3. 45pm – appeared to involve a domestic dispute and contained extensive coarse language including the words “fuck” and “fucking” 13 times – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – excessive use of expletives at 3. 45pm when children could be listening would have significantly departed from audience expectations – upheld No Order This headnote does not form part of the decision. Broadcast [1] A prelude to a song by rap artist DMX called Gotta Go (Skit) was broadcast on Radio Tairua 88. 3FM at 3. 45pm on Tuesday 5 July 2011. The skit was approximately 1 minute in length and appeared to involve a domestic dispute between a man and a woman....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item included the word “dickhead” – allegedly in breach of the good taste and decency standard FindingsStandard 1 (good taste and decency) – contextual factors – 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 Wednesday 2 February 2011, reported on MP Hone Harawira’s falling-out with the Māori Party. The presenters stated that “the maverick MP [had] lashed out on his Facebook page” and “called his Māori Party colleagues ‘dickheads’”. Close-up footage of the comments was shown, as a voiceover read them aloud: It looks like these dickheads only have expulsion on their mind. If that’s their plan, then we may need to refocus....

ComplaintSpin Doctors Election Special – drama – public relations company, satirised while suggesting election campaign strategies – "piss-head" – offensive language – imitation vomit – offensive behaviour FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for older children – no uphold This headnote does not form part of the decision. Summary [1] An election special episode of Spin Doctors was broadcast at 9. 00pm on TV One on 10 July 2002. It satirised the staff of a public relations company as they were shown trying to put together election campaign strategies for a number of political parties. [2] Elaine Hadfield complained to Television New Zealand Ltd, the broadcaster, about some of the language used and the behaviour depicted with reference to the Prime Minister. She said that the Prime Minister deserved respect, not ridicule....

ComplaintTipping the Velvet – promo – "lesbian sex scenes" – 7. 30pm – offensive – unsuitable for children FindingsStandard 1and Guideline 1a – context – no uphold Standard 9 – not alarming or distressing for children – majority – no uphold This headnote does not form part of the decision. Summary [1] Scenes and dialogue of an intimate nature between females from the television drama, Tipping the Velvet, were broadcast in a promo on TV One at 7. 30pm on Sunday 4 May 2003. [2] Robin Watson complained to Television New Zealand Ltd, the broadcaster, that the promo contained lesbian sex scenes which were entirely unsuitable for child viewers and, therefore, inappropriate for broadcast during family viewing time....

ComplaintLive to Air: an Election Drama – radio play – National Radio – use of words "God" and "Jesus Christ" as expletives – offensive language – blasphemy FindingsPrinciple 1 – context – no uphold Principle 7 and Guidelines 7a, 7b, 7c, 7d, 7e, 7f – only Guideline 7a relevant – threshold not achieved – no uphold This headnote does not form part of the decision. Summary [1] Live to Air: an Election Drama was the title of a fifty minute-long radio play broadcast on National Radio at 4. 05pm on Sunday 28 July 2002. The dialogue on occasions used the words "God" and "Jesus Christ" as expletives. [2] Stella Anne McArthur complained to Radio New Zealand Ltd, the broadcaster, about the irreverent use of holy names. She described their use as offensive....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Medical drama series Bodies – scene involving woman giving birth and then having difficulty delivering placenta – woman’s genitals explicitly shown – allegedly breach of good taste and decencyFindings Standard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] Bodies is a medical drama series set in the obstetric and gynaecological ward of a fictional English hospital. The episode screened on TV One on 9 May 2006 at 9. 30pm commenced with the story of a woman giving birth. Following the birth scenes, the woman was shown lying on her back with her legs elevated in stirrups, awaiting the delivery of the placenta. When the placenta was eventually delivered, the woman suffered a uterine inversion, whereby the uterus is literally turned inside-out and appears outside the vagina....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the word “cunt” – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – language was relevant to the storyline and character development – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Sunday 10 February 2008....