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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 67/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by IAN PRESTON of Christchurch Broadcaster CANTERBURY TELEVISION LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...
Summary The programme Police, broadcast weekly on TV2, depicts aspects of police work, including the apprehension of criminals. Episodes broadcast on 30 April and 14 May 1998 at 8. 00pm included angry exchanges where the word "fuck" and its derivatives were used on several occasions. Mr Werder complained to Television New Zealand Ltd, the broadcaster, that the language was offensive and should not have been broadcast at a time when children were watching television. In his view, the warning preceding the programmes was inadequate and did not absolve the broadcaster of its responsibility to be mindful of children. In its response, TVNZ pointed out that Police was a documentary about actual police work. It was all too common, it noted, that police encountered abusive people who gave vent to their feelings by using foul language....
SummaryThe arrest of Headhunter gang members was covered in an item broadcast on 3 News on 11 December 1998. Russell Gillies complained to TV3 Network Services Limited, the broadcaster, that because the item had shown footage of gang members giving the camera, and therefore the viewer, "the fingers", it had failed in its responsibility to maintain standards of good taste and decency. Mr Gillies described the gesture as a defiant act which was intended to be an insult, and argued that the inclusion of it in the item was offensive. TV3 advised Mr Gillies that after viewing the item, and examining the context in which "the fingers" symbol was shown, it had concluded that currently accepted norms of decency and taste had not been breached. Dissatisfied with TV3’s decision, Mr Gillies referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....
SummaryA segment on consumer rights relating to boundary fences was included in Target broadcast on TV3 on 29 August 1999 beginning at 7. 00pm. A brief shot of a man’s buttocks was seen in a skit performed by two actors. Dawn Shelford, on behalf of Preserving Communication Standards Trust Inc, complained that she and the members of her group found this segment objectionable. She said they did not consider it appropriate for this segment to have been included in a consumer rights programme as it was "a kind of titillation based on public indecency". TV3 responded that the 7-second view of the actor’s bare bottom was in its view acceptable in the context. It did not agree that the scene was objectionable and exceeded community standards of decency. It declined to uphold the complaint. For the reasons given below, the Authority declines to determine the complaint....
Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....
Complaint under section 8(1)(b) of the Broadcasting Act 1989Heartbreakers – film – promo – used words “May I grab your nuts” – allegedly offensive languageFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The words “May I grab your nuts” were contained in a promo for the film Heartbreakers. The scene involved the female lead talking suggestively to a male in a bar. The promo was broadcast during 3 News at approximately 6. 30pm on 18 March 2004. Complaint [2] Donald McDonald complained to TV3 Network Services Ltd, the broadcaster, that the phrase which suggested an indecent assault was offensive. When TV3 failed to respond to his complaint, Mr McDonald referred it to the Broadcasting Standards Authority....
Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...
Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....
This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....
The Authority did not uphold a complaint under the good taste and decency standard about the use of the phrase ‘child pornography’ in a Newshub item reporting on the arrest of Sir Ron Brierley. The complaint was that the item should have instead referred to child sexual exploitation, as ‘pornography’ infers consent and normalises a terrible practice. The Authority acknowledged the complainant’s concerns about the use of appropriate terminology with regard to very serious criminal conduct against children, and noted that what is appropriate terminology is contested internationally among authorities and global agencies. The Authority also consulted the Digital Safety Team at the Department of Internal Affairs (DIA), which deals with issues including countering child sexual exploitation. DIA advised that it does not use the phrase ‘child pornography’ and considers the term ‘child sexual abuse material’ most accurately describes the illegal material involving children....
The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for his position on the Government’s COVID-19 response saying ‘For God’s sake, listen to you’, and ‘God you’re pathetic’. The Authority found Ms McIvor’s comments and approach were unlikely to undermine widely shared community standards or to have caused widespread undue offence or distress. Not Upheld: Good Taste and Decency...
Summary[This summary does not form part of the decision. ]The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive....
Summary [This summary does not form part of the decision. ] The Paul Henry Show screened a clip showing several rodents running on a working turntable accompanied by music. The Authority did not uphold the complaint that this constituted animal cruelty and breached standards of good taste and decency. This was a quirky internet clip, it was intended to be light-hearted and humorous, and the Authority had no reason to believe the animals were treated cruelly. Not Upheld: Good Taste and Decency Introduction [1 The Paul Henry Show screened an internet clip showing several rodents running on a working turntable accompanied by music. The programme was broadcast on TV3 on 22 May 2014 at 10. 30pm. [2] Heather Moodie made a formal complaint to MediaWorks TV Ltd (MediaWorks), alleging that the footage constituted cruelty to animals....
Summary [This summary does not form part of the decision. ] An item on The Paul Henry Show featured a recent Police press release about a so-called tourist who had reportedly been driving with a kayak attached width-ways to the roof of his car. The presenter commented that the man was ‘a bloody twat’ and that his actions ‘pissed him off’. The Authority did not uphold a complaint about the presenter’s choice of language and his denigration of foreign tourists. In the context of a late-night programme and the presenter’s well-known style, the language did not threaten current norms of good taste and decency and ‘foreign tourists’ are not a section of the community to which the discrimination and denigration standard applies....
The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...
The Authority has declined to determine a complaint, under the good taste and decency and children’s interests standards, about an episode of Seven Sharp. The clip complained about was a joke that did not contain any profane or sexually explicit material. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Good Taste and Decency and Children’s Interests (section 11(a) of the Broadcasting Act 1989 – trivial)...
Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....
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....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Wolf Creek – horror film contained drugging, sexual violence, torture and murder – allegedly in breach of good taste and decency, children’s interests and violence standards Findings Standard 10 (violence) – extremely disturbing violence – inadequate classification and warning – upheld Standard 9 (children’s interests) – outside children’s normally accepted viewing times – 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] Wolf Creek, an Australian horror film, was broadcast on TV2 at 8. 30pm on Tuesday 11 March 2007. In the film, two women, Lizzy and Kristy, and their friend, Ben, travelled together to visit the meteorite crater at Wolf Creek National Park. When they returned from the crater, they discovered their car would not go....
Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item about snipers in Baghdad shooting American soldiers – showed footage of nine soldiers being shot – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – strong warning – images were an integral part of the story – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast at 6pm on 10 November 2006, reported the recent occurrence of snipers shooting American soldiers in Baghdad, Iraq, and videotaping the shootings. As the reporter spoke, images of nine soldiers being shot were shown during the item. The following verbal warning preceded the item: A warning, the pictures in this report by ITV’s Bill Nealy could be very disturbing....