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Department of Conservation (Wanganui Conservancy) and Carlin and Radio Pacific Ltd - 1998-035, 1998-036
1998-035–036

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Smith and Television New Zealand Ltd - 2007-031
2007-031

Complaint under section 8(1)(a) of the Broadcasting Act 1989Rude Awakenings – scene in which man and woman have sex on a table – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Rude Awakenings was a New Zealand drama series focussing on the lives of neighbouring Ponsonby families. An episode screened at 8. 30pm on Friday 16 February included a scene in which one of the central female characters – who was dissatisfied with her marriage – had sex with her personal trainer on a table. The personal trainer continued to watch sport on television while having sex. [2] The scene was shot from behind the male character, whose naked buttocks were visible. No female nudity was shown....

Decisions
Kiri Potaka-Dewes, on behalf of Ngati Rangiteaorere, and The RadioWorks Ltd - 2000-177
2000-177

ComplaintBreakfast session – Lakes FM – skit about felling trees for runway extension in Rotorua – bad taste – unbalanced – irresponsibleFindingsPrinciple 1 – sensitive issue, but not precluded from satirical treatment – no uphold Principle 2 – no uphold Principle 4 – other viewpoints aired – no uphold Principle 7 – humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on Lakes FM on 19 September 2000 at about 7. 20am, two breakfast session hosts joked about felling trees to enable the runway at Rotorua airport to be extended. The background noises included the sound of chainsaws. Ngati Rangiteaorere, the owners of a stand of trees adjacent to the airport, complained through their solicitors to Lakes FM about the broadcast....

Decisions
Holding and TV3 Network Services Ltd - 1996-148
1996-148

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-148 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GEOFF HOLDING of Gore Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Morgan and Television New Zealand Ltd - 2001-057
2001-057

ComplaintOne News: Waitangi Day Special – New Zealand flag used to cover tables where participants sat – disrespectful – intention to dishonour flag FindingsStandard G2 – acceptable visual centrepiece – no uphold Standard G5 – no disrespect for the principles of law – no uphold This headnote does not form part of the decision. Summary Maori-Pakeha relationships, the Treaty of Waitangi, and issues of nationhood were debated during a One News: Waitangi Day Special broadcast on TV One at 9. 45pm on 6 February 2001. The participants sat at tables which were covered with the New Zealand flag. Thomas Morgan complained to Television New Zealand Ltd, the broadcaster, that the use of the New Zealand flag as a table cloth was offensive and dishonourable. Arguing that the use of the flag was symbolic and that there was no intention to dishonour it, TVNZ declined to uphold the complaint....

Decisions
Goodwin and Television New Zealand Ltd - 2010-116
2010-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on a police search that ended up with two officers being shot and a police dog being killed – contained interviews with a neighbour living next to the property where the incident occurred and the Commissioner of Police – allegedly in breach of good taste and decency, law and order, fairness, discrimination and denigration, and responsible programming FindingsStandard 6 (fairness) – interview with Police Commissioner was straightforward and respectful – Mr Broad and the police treated fairly – not upheld 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 otherwise promote, glamorise or condone criminal activity – not upheld Standard 7 (discrimination and denigration) – presenter’s behaviour and comments did not encourage the denigration of members of the New Zealand police force –…...

Decisions
Baker and 4 Others and TVWorks Ltd - 2007-129
2007-129

Complaints under section 8 of the Broadcasting Act 1989Californication – programme contained swear words, discussions of sexual themes, sex scenes (including one involving violence) and implied teenage drug use – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language was legitimate for a challenging drama – sex scenes and dialogue concerning sexual themes were integral to the storyline – teenage drug use was implied – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Californication was broadcast on TV3 at 9. 30pm on 8 November 2007. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Hank was suffering from writer’s block and was struggling to raise his 12-year-old daughter, while still holding strong feelings for his ex-girlfriend, Karen, the mother of his daughter....

Decisions
Denham and CanWest TVWorks Ltd - 2006-071
2006-071

Complaint under section 8(1)(a) of the Broadcasting Act 1989Intellectual Property – video clip showed people in a laundromat using washing machines and dryers for unorthodox purposes – showed a boy taking a dog out of a washing machine and placing it into a dryer – allegedly in breach of good taste and decency, children’s interests and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – not broadcast during “children’s normally accepted viewing times” – standard does not apply – not upheld Standard 10 (violence) – placing dog in a dryer was not an act of violence to which the standard applies – not upheldThis headnote does not form part of the decision. Broadcast [1] The video clip for a song entitled “The Blues are Still Blue”, by Belle and Sebastian, was broadcast on C4 on Intellectual Property at approximately 10....

Decisions
Jacobsen and Television New Zealand Ltd - 2002-106
2002-106

ComplaintSix Feet Under – male nudity – breach of good taste and decency – broadcaster not mindful of the effect on teenagers FindingsStandard 1 – contextual matters – no uphold Standard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 April 2002 at 9. 40pm on TV One included a scene with a full frontal view of a naked man. [2] Graham Jacobsen complained to Television New Zealand Ltd, the broadcaster, that the scene was too explicit, was not excused by the broadcast of a warning, and breached standards relating to teenager’s viewing interests....

Decisions
Hashimoto and RadioWorks Ltd - 2011-042
2011-042

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live Drive – host referred to “dirty Germans” – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – comment was light-hearted – was not intended to reflect all Germans – host was expressing disapproval of tourists stealing native wildlife – not upheld Standard 7 (discrimination and denigration) – comment related specifically to the German tourists who had stolen native geckos – did not encourage denigration of or discrimination against German people as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] During Radio Live Drive, broadcast on Radio Live at approximately 4. 20pm on 9 March 2011, the host said: Have you ever thought about stealing a gecko? Why on earth would you steal a gecko?...

Decisions
Family First New Zealand and TVWorks Ltd - 2011-071
2011-071

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – contained frequent coarse language – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – language was consistent with viewer expectations of the programme – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Californication was broadcast on TV3 at 9. 30pm on Monday 18 April 2011. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Between 9. 30pm and 10pm, characters used the following words and phrases: “fucking” (16 times) “fucked up” “fuck” (6 times) “bitch” “shit” (8 times) “asshole” (2 times) “shitty” (2 times) “balls” (3 times) “you smell like you just walked out of a fisting contest” “forced anal” (2 times) “motherfucker” “cock” “bullshit”....

Decisions
Mathias and Television New Zealand Ltd - 2010-140
2010-140

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – presenters discussed Civil Defence emergency survival kits – presenter commented on what people should have in their kits, Mormons being prepared for disasters as part of their faith, and whether people should just have a gun and bullets and use them to take other people’s kits – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments were inane banter that was not intended to be taken seriously – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 7 September 2010, the presenters, Paul Henry, Pippa Wetzell and Peter Williams, discussed Civil Defence emergency kits....

Decisions
Birchfield and The Radio Network Ltd - 2004-213
2004-213

Complaint under section 8(1)(a) of the Broadcasting Act 1989ZM radio in Timaru – announcer said that the owner of a rival radio station in Timaru had supported the launch of the new station and that his revenue would be cut in half – allegedly in breach of good taste and decency, privacy, fairness and social responsibility FindingsPrinciple 1 (good taste and decency) – words used not in poor taste or indecent – not upheld Principle 3 (privacy) – complainant publicly listed as director and owner of Port FM Ltd – not upheld Principle 5 (fairness) – comments clearly light-hearted and very mild – not upheld Principle 7 (social responsibility) – no suggestion that broadcaster failed to act in socially responsible manner – not upheldThis headnote does not form part of the decision....

Decisions
Binnie and TV3 Network Services Ltd - 2003-092
2003-092

Complaint3 News – item on initiation ceremony at girl’s school – violence – offensive – not in public interest – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 2 and Guideline 2d – lawful standard maintained – no uphold Standard 9 and Guideline 9a – interests of children considered – no uphold Standard 10 and Guideline10a – violence justified in context of item – no uphold This headnote does not form part of the decision. Summary [1] An item on 3 News broadcast by TV3 between 6. 00–7. 00pm on 8 May 2003, depicted a violent initiation ceremony, referred to as "hazing", at a girls’ school in the United States....

Decisions
Baker and The Radio Network Ltd - 2004-034
2004-034

Complaint Radio Sport – host Doug Golightly told caller, “For Christ’s sake, piss off” – offensive – unfair Findings Principle 1 – context – not upheld Principle 5 – comment directed at caller – bad tempered – verging on breach – not upheld This headnote does not form part of the decision Summary [1] During a talkback session on Radio Sport on 13 December 2003, at about 10. 00am, the host Doug Golightly said to a caller, “For Christ’s sake, piss off”. [2] Chris Baker complained to The Radio Network Ltd (TRN), the broadcaster, that the language was offensive and the comment was unfair. [3] In response, TRN declined to uphold the complaint. It considered the attitude apparent and the language contained in the item were acceptable in the robust style of talk show hosted by Mr Golightly....

Decisions
Osborne and Television New Zealand Ltd - 2013-085
2013-085

Summary [This summary does not form part of the decision. ] Two items on Seven Sharp contained sexualised imagery and innuendo. The Authority did not uphold the complaint that the items were inappropriate in a prime time news and current affairs slot. Both items were clearly intended to be humorous rather than titillating, and would not have been unduly offensive or unexpected for regular viewers, given the programme’s mix of serious news, banter and entertainment. Not Upheld: Good Taste and Decency Introduction [1] Two items on Seven Sharp, a New Zealand current affairs and entertainment programme, contained sexualised imagery and innuendo. The first item, broadcast on 7 October 2013, included footage of a man’s YouTube parody of Miley Cyrus’ raunchy performance at the MTV Video Music Awards. The man was shown dancing provocatively around a toilet bowl wearing a bikini made out of glad-wrap....

Decisions
Grimshaw and New Zealand Media and Entertainment - 2014-136
2014-136

Summary [This summary does not form part of the decision]During the Hauraki Breakfast Show, the hosts made comments about two weather presenters, describing one as having 'charm pissing from every pore' and another as having 'a great rack'. The Authority did not uphold the complaint that the comments breached standards of good taste and decency. The discussion was consistent with the style of content and humour regularly broadcast on Radio Hauraki and would not have unduly surprised or offended the station's target audience. Not Upheld: Good Taste and DecencyIntroduction[1] During the Hauraki Breakfast Show, the hosts discussed weather presenter Jim Hickey's retirement. One of the hosts described Mr Hickey as having 'charm pissing from every pore'. The hosts were less complimentary about the female weather presenter taking over from Mr Hickey, but commented that she had 'a great rack, though'....

Decisions
Golden and Television New Zealand Ltd - 2012-115
2012-115

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Decisions
Schwabe and Radio New Zealand Ltd - 2014-011
2014-011

Summary [This summary does not form part of the decision. ]During Arts on Sunday an audio clip from a movie being reviewed was broadcast, in which a character from the movie said ‘frigging’. The Authority declined to uphold the complaint that this low level language breached standards of good taste and decency. It was fleeting and innocuous and broadcast as part of a movie review targeted at adults....

Decisions
Wislang and Television New Zealand Ltd - 1992-021
1992-021

Download a PDF of Decision No. 1992-021:Wislang and Television New Zealand Ltd - 1992-021 PDF333. 3 KB...

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