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Decisions
Lee and UPFM - 2010-011
2010-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Toast Breakfast Show – host commented on Telecom’s outsourcing of call centre work overseas – made reference to “stupid Filipino operators” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (denigration and discrimination) – host’s remark lacked the necessary invective to reach threshold for encouraging discrimination or denigration – not upheld Standard 1 (good taste and decency) – host’s comment was an expression of frustration with Telecom and a throw-away line – not upheld This headnote does not form part of the decision. Broadcast [1] During The Toast Breakfast Show, broadcast on UPFM on the morning of 14 December 2009, one of the hosts commented on Telecom’s outsourcing of call centre work for its 018 directory service....

Decisions
Oswald and Television New Zealand Ltd - 2009-106
2009-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covered the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court explaining how his relationship with Ms Elliott began – allegedly in breach of good taste and decency and privacy FindingsStandard 1 (good taste and decency) – details of relationship were not sufficiently explicit to require a warning – high degree of public interest – contextual factors – not upheld Standard 3 (privacy) – deceased person not an “individual” for the purposes of Broadcasting Act 1989 – privacy standard does not apply to deceased persons – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Thursday 9 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Decisions
Schwabe and Television New Zealand Ltd - 1999-163
1999-163

Summary A man who emulated the lifestyle of the fictional Austin Powers character was the subject of a news report on TV One broadcast between 6. 00–7. 00pm on 11 July 1999. In that context, reference was made to the recently released Austin Powers film "The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an offensive macho term which degraded women and was not acceptable during a family hour broadcast. TVNZ acknowledged that the word "shagged" contained strong sexual innuendo, but argued that its level of offensiveness had been considerably moderated. It noted that the word was used only once during the item and that was in the context of the film’s title. It did not consider that that single reference breached any broadcasting standards....

Decisions
Schwabe and TV3 Network Services Ltd - 2000-083
2000-083

ComplaintQueer as Folk – promo – offensive language – shagged FindingsStandard G2 – acceptable in context – no uphold Cross ReferencesDecision No: 1999-163, Decision No: 2000-056 and Decision No: 2000-075 This headnote does not form part of the decision. Summary A promo for the programme Queer as Folk was broadcast on TV4 at approximately 10pm on 23 February 2000. During the promo, the word "shag" was used twice. Paul Schwabe complained to TV3 Network Services Ltd, the broadcaster, that the word "shag" was "plainly offensive" and "akin to the ‘F’ word". In its response, TV3 said it did not consider that the average viewer would consider the word "shag" to be a swear word or an offensive term. It also noted that the promo was broadcast at 10pm within an AO programme. It declined to uphold the complaint....

Decisions
Francis and Television New Zealand Ltd - 2006-010
2006-010

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Gathering Storm – use of obscene language in a PGR classified film – allegedly in breach of good taste and decency and programme classificationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning not necessary – not upheldThis headnote does not form part of the decision. Broadcast [1] The Gathering Storm screened on TV One at 9. 15pm on 7 January 2006. It was a dramatised documentary about the life of Winston Churchill during the period between the two world wars. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that despite the programme being rated PGR, it contained objectionable language, and no warning had been given....

Decisions
Bragg and Television New Zealand Ltd - 2009-059
2009-059

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....

Decisions
Imlach and The Radio Network Ltd - 2007-006
2007-006

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

Decisions
Duff and Television New Zealand Ltd - 2002-198
2002-198

ComplaintWilly Nilly – comedy series – "shooting" endangered native birds – offensive – irresponsible behaviour FindingsStandard 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] An episode of Willy Nilly, a comedy series, was broadcast on TV One at 7pm on 14 September 2002. It portrayed a newly arrived Russian mail-order bride of the local shopkeeper shooting at, and presumably killing, a native kakapo while on a camping trip. A subsequent scene depicted a "kiwi" being spit-roasted over the campfire. [2] Alastair Duff complained to Television New Zealand Ltd, the broadcaster, that the sequences portrayed irresponsible behaviour. [3] In declining to uphold the complaint TVNZ said, in context, the behaviour did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Duff referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Boyce and Clow and Television New Zealand Ltd - 2000-011, 2000-012, 2000-013
2000-011–013

SummaryFootage showing a man who had his genitals stapled to a cross – which was then set alight – was included on Havoc 2000 Deluxe broadcast on TV2 at 10. 00pm on 9 November 1999. The programme also included a sequence where one of the presenters asked a woman on the street if she would consider "a blow-job for four [dollars]". The programme broadcast on 16 November included reaction to the incident. Simon Boyce and Carey Clow both complained to Television New Zealand Ltd, the broadcaster, that the sequence showing the man nailing his genitals to the cross was indecent and breached broadcasting standards. Mr Boyce also complained about the approach made to the woman on the street, and Mr Clow complained about the programme broadcast the following week which referred to the stapling incident and the reaction to it....

Decisions
Smith and The RadioWorks Ltd - 2002-026
2002-026

ComplaintThe Edge – announcer makes anonymous call to woman – purports to be buying magazines – says has fetish for "shirtless Papua New Guinea women" – threatening and offensive – breach of good taste and decency FindingsPrinciple 1 – sinister – threatening – breach of good taste and decency – uphold OrderBroadcast of summary – costs of $500 to Crown This headnote does not form part of the decision. Summary [1] During a broadcast on The Edge on 17 October 2001 between 9. 30am and 10. 00am, one of the announcers telephoned a woman who was advertising National Geographic magazines, purporting to be a potential buyer. He told the woman he had a fetish for "topless Papua New Guinea women" and requested copies of the magazines carrying such pictures....

Decisions
Turley and Television New Zealand Ltd - 2002-155, 2002-156
2002-155–156

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

Decisions
Klaassen and Television New Zealand Ltd - 2004-046
2004-046

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Believe Nothing – comedy – reference to cannibalism and consuming body and blood of Jesus Christ – allegedly offensive – allegedly discriminated against CatholicismFindings Standard 1 (good taste and decency) and Guideline 1a – context – standard not threatened – not upheld Standard 6 (fairness) and Guideline 6g (discrimination) – context and satirical series – no discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Believe Nothing is a satirical series lampooning aspects of British and Western culture, constructed around the character of Adonis Cnut played by comedian Rick Mayall. The episode broadcast on TV One at 10. 40pm on 11 January 2004 used Hannibal Lechter imagery and involved references to cannibalism and church practices. Complaint [2] Bert Klaassen complained formally to Television New Zealand Ltd, the broadcaster, about aspects of the programme....

Decisions
Madsen and TVWorks Ltd - 2011-023
2011-023

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....

Decisions
O'Neill and TVWorks Ltd - 2011-127
2011-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989LMFAO Video Hits – LMFAO song “Shots” broadcast at 7....

Decisions
Moffat and Television New Zealand Ltd - 2014-161
2014-161

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, presenter Mike Hosking read out a letter from a disgruntled viewer about comments he had made during an earlier episode about music group One Direction. The letter contained numerous expletives which were 'beeped' out during the broadcast. The Authority did not uphold a complaint that the 'disgusting' language was contrary to good taste and decency and children's interests. Beeping is a commonly employed broadcasting technique to mask potentially offensive language. While most viewers would have discerned what the words were, in the context of an unclassified current affairs programme targeted at adults, which is known for being humorous and at times provocative, the segment did not threaten standards....

Decisions
Stevenson and Radio Tairua Ltd - 2011-095
2011-095

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....

Decisions
Kubala and Television New Zealand Ltd - 1993-129
1993-129

Download a PDF of Decision No. 1993-129:Kubala and Television New Zealand Ltd - 1993-129 PDF269. 54 KB...

Decisions
Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051
1992-046–051

Download a PDF of Decision No. 1992-046–051:Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051 PDF1. 94 MB...

Decisions
Burbridge and Television New Zealand Ltd - 1991-010
1991-010

Download a PDF of Decision No. 1991-010:Burbridge and Television New Zealand Ltd - 1991-010 PDF356. 93 KB...

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