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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 67 /94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON COPELAND of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 6/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-044 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-084 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANK HARRIS of Mount Maunganui Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997- Dated the th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D L HURNDELL of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

ComplaintNine to Noon – offensive language – "nigger" FindingsPrinciple 1 – context – used to explain another word’s offensiveness – no uphold This headnote does not form part of the decision. Summary The word "nigger" was used by presenter Kim Hill in Nine to Noon broadcast on National Radio on 3 May 2000 just after 11. 00am. John Lowe complained to Radio New Zealand Ltd, the broadcaster, that the use of the word was unacceptable and unnecessary on public radio, and breached the good taste and decency standard. RNZ explained that the word arose in the context of a discussion about the origin of the word "munted" which had apparently been used on the programme earlier that day. According to a fax received from a South African listener, the word "munted" had the same derogatory meaning as "nigger"....

Summary[This summary does not form part of the decision. ]A presenter on the satirical cooking programme Posh Nosh, broadcast on ANZAC Day, described the presentation of food on a plate as 'dreadful, stacked up like dead soldiers in a trench'. The presenter also described the placement of a lemon on a fish as looking like 'I've got a yellow hat up my bottom'. The Authority did not uphold a complaint that these comments were offensive and inappropriate. The programme was unrelated to ANZAC Day and the comments would not have offended most reasonable viewers in context. Not Upheld: Good Taste and DecencyIntroduction[1] A presenter on the satirical cooking programme Posh Nosh, broadcast on ANZAC Day, described the presentation of food on a plate as 'dreadful, stacked up like dead soldiers in a trench'....

The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser? ’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency....

Summary[This summary does not form part of the decision. ]During the All Night Programme on Radio New Zealand, the presenter used the expression ‘Thank Christ’. The Authority did not uphold a complaint that this was a ‘blasphemous expression’ which was highly offensive. The Authority followed its findings in previous decisions that expressions such as ‘Thank Christ’ are often used as exclamations and are not intended to be offensive. It was satisfied that in the context it was used by the presenter, the expression would not generally be considered to threaten current norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] During a segment on the All Night Programme, the presenter stated: I love trains, don’t you? I think it’s a shame what’s happened to some of the trains in New Zealand. Thank Christ we’ve got some left....

Summary[This summary does not form part of the decision. ]Kaho Naa… Pyaar Hai (Say… You’re in Love), a Bollywood romantic thriller film, was broadcast on free-to-air television channel APNA TV between 3pm and 6pm. The film featured action scenes containing violence. The Authority upheld a complaint that the film breached a number of broadcasting standards. The film was broadcast unclassified and with an incorrect programme description, which meant audiences were unable to make an informed viewing choice and were unable to regulate their own, and their children’s, viewing behaviour. The film’s inclusion of violent imagery such as beatings, shoot-outs, murder and dead bodies, and the visual depiction of these acts occurring onscreen, warranted an AO classification and later time of broadcast on free-to-air television....

The Authority has not upheld a complaint that the action taken by MediaWorks in response to a breach of the fairness standard during a segment of Jay-Jay, Flynny and Jase Driving You Home was insufficient. The segment featured host Flynny telling a story about an ‘embalmer’ who had embalmed their cat after it passed away. The Authority agreed that the complainant was unfairly treated by the broadcaster in breach of the fairness standard. However, the Authority found the action taken by the broadcaster, which included a direct apology to the complainant, and counselling of the hosts concerned, was proportionate to the breach. The Authority also found that the broadcast was unlikely to cause widespread undue offence or distress and that the complainant’s privacy was not breached as they were not identifiable in the broadcast. Not Upheld: Fairness (Action Taken), Good Taste and Decency, Privacy...

The Authority has not upheld a complaint about an episode of New Zealand Hunter Adventures featuring two groups of duck shooters in New Zealand. The episode included footage of people, including young people, using firearms, shooting ducks, celebrating successful shots, holding and plucking dead ducks, and showcasing hunting gear and equipment. Taking into account the relevant contextual factors including the programme’s classification, target audience and audience expectations, the broadcast did not breach the good taste and decency, children’s interests or violence standard. Not Upheld: Good Taste and Decency, Children’s Interests, Violence...

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Comedy Convoy – female comedian stated, “When I was in my early twenties I really wanted kids, like I really wanted them, but I just could never lure them into my car” – audience responded with laughter – allegedly in breach of standards relating to good taste and decency, responsible programming, and children’s interests FindingsStandard 1 (good taste and decency) – comment clearly intended as a joke – broadcast in the middle of the day during the school term – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Home and Away – not upheld Standard 8 (responsible programming) – promo correctly rated G and screened in an appropriate timeslot – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on proposed brothel aimed at women – contained interview with owner – promo shown during One News – both item and promo allegedly in breach of good taste and decency, controversial issues, responsible programming, and children’s interestsFindingsStandard 1 (good taste and decency) – promo and item covered legitimate story – neither broadcast contained visuals of brothels or sex workers – contextual factors – not upheld Standard 4 (controversial issues) – focus of promo and item was Ms Corkery – neither contained a discussion of a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcasts [1] A promo for Close Up was broadcast during an episode of One News on TV One at 6. 25pm on Monday 16 August 2010....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Tiger’s Tail – movie contained scene which combined sex and violence – allegedly in breach of standards relating to good taste and decency, law and order and violence FindingsStandard 10 (violence) – guideline 10c – depiction of rape required pre-broadcast warning – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 2 (law and order) – movie did not glamorise rape, or otherwise promote or condone rape – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 10 No Order This headnote does not form part of the decision. Broadcast [1] A movie called The Tiger’s Tail was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 31 October 2010....

ComplaintThe Chimp Channel – animals trained to perform unnatural behaviours – bad taste – bad effect on children – insensitive FindingsStandard G2 – not in bad taste – no uphold Standard G12 – broadcaster apparently mindful of children – no uphold Standard V17 – animals not humiliated or badly treated – no uphold This headnote does not form part of the decision. Summary The Chimp Channel was screened weekly on TV2 at 5. 30pm on Saturdays. It was a comedy series set in a television studio in which most of the actors were animals. Melanie Vivian complained to Television New Zealand Ltd, the broadcaster, that it was contrary to animal welfare for animals to be trained to perform "unnatural behaviours"....