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Decisions
Cape and Radio New Zealand Ltd - 2018-013 (18 April 2018)
2018-013

Summary[This summary does not form part of the decision. ]Saturday Morning featured a segment in which presenter Kim Hill interviewed former MP and spokesperson for lobby group Hobson’s Pledge, Dr Don Brash, about the use of te reo Māori in New Zealand, specifically in RNZ broadcasting, without translation. The Authority did not uphold a complaint that the interview was unbalanced and unfair. The Authority found that, while Ms Hill asked Dr Brash challenging and critical questions, Dr Brash had a reasonable opportunity to put forward his competing point of view, and listeners would not have been left misinformed with regard to Dr Brash’s position. Given the level of public interest in the interview, Dr Brash’s position and his experience with the media, the Authority also found Ms Hill’s interview style did not result in Dr Brash being treated unfairly....

Decisions
Woodham and TV3 Network Services Ltd - 2003-118
2003-118

ComplaintCockstars – documentary about Puppetry of the Penis – male nudity – "pelvic gyrations" – breach of good taste and decency – failed to consider children’s viewing interest FindingsStandards 1 – context – no uphold Standard 9 – outside children’s normally accepted viewing times – no uphold This headnote does not form part of the decision. Summary [1] Cockstars was a documentary about seeking performers for the stage show "Puppetry of the Penis". The programme was broadcast on TV3 at 9. 30pm on 5 June 2003. It featured nude males manipulating their genitalia. [2] Fay Woodham complained to TV3 Network Services Ltd, the broadcaster, that the programme was offensive because "full frontal nudity" was unacceptable and breached standards relating to children’s viewing interests. [3] Declining to uphold the complaint, TV3 said in context the broadcast did not breach current norms of good taste and decency....

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
Classic Hits 99FM and The Heat 82.3FM - 2001-113
2001-113

ComplaintThe Heat – announcer named manager and referred to staff of Classic Hits abusively and as fuckwits – broadcaster upheld complaint – written apology insufficient. FindingsAction taken insufficient OrderBroadcast of apology This headnote does not form part of the decision. Summary Between 5. 30–6. 00pm on Saturday 30 June 2001, an announcer on The Heat named the manager of Classic Hits 99FM in Timaru and referred abusively to him, and to his staff. They were described on air as "fuckwits" and listeners were invited to phone Classic Hits and tell them what they thought of them. Garey Hanifin, Manager of Classic Hits 99FM in Timaru, complained to The Heat that the comments amounted to a "gross breach" of broadcasting standards. The Heat upheld the complaint. It accepted that the remarks were unfair and uncalled for, and apologised by letter....

Decisions
Gapes and Television New Zealand Ltd - 2004-095
2004-095

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Goober Brothers – part of Studio 2 – inventors of “Ja-Handal” – man performing handstands – dog urinated on man’s face – allegedly offensive and not in children’s interestsFindings Standard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – type of humour depicted appeals to children – not upheldThis headnote does not form part of the decision. Broadcast [1] The Goober Brothers was shown as part of the children’s programme Studio 2. It was a New Zealand-made series of two-minute items featuring mad scientists who come up with weird inventions. The “Ja-Handal”, a jandal for hands, was the invention shown on the episode broadcast on TV2 at 3. 20pm on 16 April 2004....

Decisions
McDonald and New Zealand Media and Entertainment - 2016-050 (22 August 2016)
2016-050

Summary[This summary does not form part of the decision. ]An item during a Newstalk ZB news bulletin featured an interview with Crusaders coach Todd Blackadder. The newsreader introduced the item by saying, ‘Crusaders coach Todd Blackadder believes their loss to the Highlanders is the kick up the backside they need. . . ’ The Authority did not uphold a complaint that the phrase ‘kick up the backside’ was rude, alluded to indecent assault and sexual abuse, and offended ‘community standards’. A ‘kick up the backside’ is a common, colloquial expression in New Zealand, meaning an unwelcome event or action that unexpectedly motivates or inspires. The expression would be well-known to listeners, who would not associate it with indecent or sexual assault. Therefore its use in this context did not threaten standards of good taste and decency....

Decisions
Lawler and Radio New Zealand Ltd - 2013-068
2013-068

Summary [This summary does not form part of the decision. ]A presenter on Radio New Zealand Concert introduced a piece of music, saying the composer was ‘considered to be a degenerate in Germany because of his Jewish origins’. The Authority did not uphold the complaint that the announcer’s comment was in bad taste and denigrated Jewish people. The comment was simply a factual statement giving context to the composer’s work, and was a reference to how he was viewed by the Nazis, not an expression of the presenter’s personal opinion. Not Upheld: Good Taste and Decency, Discrimination and DenigrationIntroduction[1] On the morning of 6 September 2013, the presenter of Radio New Zealand Concert introduced a piece of music, as follows: …and now we’ve a fantasy by a composer considered to be a degenerate in Germany because of his Jewish origins....

Decisions
Norman and New Zealand Public Radio Ltd - 1996-102
1996-102

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-102 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS NORMAN of Wellington Broadcaster NEW ZEALAND PUBLIC RADIO LTD J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Credo Society Inc and 95bFM - 1997-008
1997-008

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-008 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster 95 bFM J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Boulton and Television New Zealand Ltd - 2009-031
2009-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989My Wife and Kids – adult character made references to sex life – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – programme contained oblique and light-hearted sexual innuendo – mild sexual banter would have gone over the heads of younger viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of My Wife and Kids was broadcast on TV2 at 5. 30pm on Wednesday 11 February 2009. At the beginning of the programme, a family were shown sitting around their kitchen table eating when the mother announced that she wanted to open her own restaurant. The children left the room and the mother and father were left sitting at the table....

Decisions
Rainey and Television New Zealand Ltd - 2009-145
2009-145

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – contained interview with a psychologist who discussed different personality types in the workplace – presenter used the term “schizos” before and during the interview – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – comments lacked necessary invective to reach threshold – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – complainant did not identify any person or organisation he felt had been treated unfairly – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast, broadcast on TV One at 6. 30am on Tuesday 22 September 2009, contained an interview with psychologist and employment relations expert Dr Giles Burch. [2] At 7....

Decisions
Orsulich and Television New Zealand Ltd - 2006-036
2006-036

Complaint under section 8(1)(a) of the Broadcasting Act 1989Canterbury Tales – "The Miller’s Tale" – a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe – allegedly in breach of good taste and decency and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – implicit violence justified by context – care and discretion shown – not upheldThis headnote does not form part of the decision. Broadcast [1] A modern day television adaptation of Chaucer’s Canterbury Tales – "The Miller’s Tale" was screened on TV One at 9. 35pm on Sunday 5 March 2006. Near the end of the story, a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe....

Decisions
Wilkinson and Television New Zealand Ltd - 2005-117
2005-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989Distraction – British comedy quiz show in which the utmost is done to distract contestants from the task at hand – contestants were required to crawl face up between the legs of several elderly nudists and then dress them in underwear – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Distraction, a British comedy quiz programme in which the utmost is done to distract contestants from the task at hand, was broadcast on TV2 at 9. 30pm on 9 September 2005. During one task, contestants were required to crawl, face up, between the legs of several elderly nudists and then dress them in underwear....

Decisions
Lochead and RadioWorks Ltd - 2010-031
2010-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments that communities in the Far North of New Zealand were an “underclass” whose children would be “feral” and that welfare benefits should be given to stop them having children – allegedly in breach of good taste and decency, and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – talkback radio is a robust environment – host’s comments were extreme but encouraged discussion of a legitimate issue – did not encourage discrimination against or denigration of Māori in the Far North – not upheld Standard 1 (good taste and decency) – contextual factors – comments did not stray beyond norms of good taste and decency – not upheld This headnote does not form part of the decision....

Decisions
Kingsford and The RadioWorks Ltd - 2000-105
2000-105

ComplaintThe Morning Rumble – toilet humour – offensive behaviour FindingsPrinciple 1 – borderline – majority – no uphold This headnote does not form part of the decision. Summary During "The Morning Rumble", the announcers read out an item called "How to Shite Like A Man". It was broadcast on The Rock on the morning of 21 March 2000. Margaret and Hugh Kingsford complained to The RadioWorks Ltd, the broadcaster, that the item contained "the most disgusting subject matter [they had] ever heard". The RadioWorks responded that although the item was "somewhat tasteless" and might have been better suited to broadcast at a later time in the day, it was a serious attempt at humour. It added that the content and language used was commonplace among the station’s target audience of 18 to 34 year old males. It declined to uphold the complaint....

Decisions
Francis and Television New Zealand Ltd - 2008-099
2008-099

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Burying Brian – use of the word “fuck” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language would not have offended a significant number of viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a New Zealand-produced drama called Burying Brian was broadcast on TV One at 8. 30pm on Wednesday 2 July 2008. The programme followed Jodie and the efforts she and her friends made to cover up the accidental death of her husband. [2] During the episode, the main character, Jodie, drunkenly announced to her friends that she wished her husband, Brian, was dead....

Decisions
JS and Television New Zealand Ltd - 1994-036, 1994-037
1994-036–037

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 36/94 Decision No: 37/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by J S of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Dunlop and SKY Network Television Ltd - 2011-116
2011-116

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Prime Presents: The Grand Tour: Jeremy Wells and the NZSO – comments by presenter included references to sexual activity, nudity, and bodily functions – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – presenter was respectful overall towards the programme and the NZSO and helped to make it accessible to a wider audience – interviewees appeared comfortable with his style and entertained by him – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] A documentary titled The Grand Tour: Jeremy Wells and the NZSO, was broadcast on Prime at 8. 35pm on Sunday 31 July 2011. It followed the New Zealand Symphony Orchestra (NZSO) on a tour to China and around Europe....

Decisions
Calver and The Radio Network Ltd - 1999-065
1999-065

Summary A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal". Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast. 9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience....

Decisions
Bartlett and The RadioWorks Ltd - 1999-191, 1999-192
1999-191–192

SummaryDuring the course of the evening’s broadcast on The Rock on 28 June 1999, reference was made to a computer image of "a Dalmatian shagging a chick" and an All Black’s sexual orientation. The word "fuck" was used on several occasions in a broadcast on The Rock during the evening two weeks earlier – on 14 June 1999 – and a female caller who objected to being called "a dozy bitch" was told to "fuck off" if she did not like it. Mr Bartlett complained to The RadioWorks, the broadcaster, that it had breached the Broadcasting Act by using discriminatory, unfair and indecent language. He cited a number of specific instances which he asked the station to address. The station’s programme director responded that the show was targeted at an audience of males aged between 18–39 years and that its style appealed to them....

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