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E and Soundwave FM - 1998-021, 1998-022
1998-021–022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-021 Decision No: 1998-022 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by E of Napier Broadcaster GRAHAM J BARCLAY T/A SOUNDWAVE FM of Napier S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
McDonald and Television New Zealand Ltd - 2005-003
2005-003

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up at 7 item – item on “schoolies” week in Queensland, Australia – item included scenes of alcohol consumption, “mooning” and partying – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – item was newsworthy – mildly offensive conduct in this context did not amount to a breach of the standard – Not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7, shown on TV One at 7pm on 6 December 2004, reported on “schoolies” week in Queensland, and showed newly graduated high school students gathering at beach resorts on the Gold Coast for a week of celebrations. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item had breached broadcasting standards....

Decisions
Martin and CanWest TVWorks Ltd - 2005-091
2005-091

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....

Decisions
McCarthy and TVWorks Ltd - 2010-093
2010-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News– item on Russian supermodels – reported on dangers of sexual exploitation in the modelling industry – comment about thirteen-year-old girl being paid to have sex – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – statement matter-of-fact and relevant to the subject matter – not salacious – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at approximately 6. 22pm on 5 July 2010, reported on the worldwide success of Russian supermodels and the dangers of sexual exploitation in the modelling industry....

Decisions
Mainland Television Ltd and The Radio Network Ltd - 2004-033
2004-033

Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Decisions
Waters and TVWorks Ltd - 2010-101
2010-101

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989We Own the Night – sex scene broadcast at approximately 8. 32pm contained footage of woman with hand between her legs, couple kissing, partial nudity, man's hand down woman's pants – allegedly in breach of good taste and decency, children’s interests and responsible programming FindingsStandard 9 (children's interests) – sex scene constituted strong adult material – shown too soon after the 8. 30pm Adults Only watershed – upheld Standard 1 (good taste and decency) – programme's content appropriate for AO-classified programme broadcast at 8. 30pm – not upheld Standard 8 (responsible programming) – programme correctly classified AO – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A movie called We Own the Night was broadcast on TV3 at 8. 30pm on Saturday 29 May 2010....

Decisions
O'Halloran and RadioWorks Ltd - 2011-021
2011-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Martin Crump Late Night Live – stand-in host encouraged running over possums – complainant phoned the show and disagreed with the host – allegedly in breach of good taste and decency, law and order, and fairness standards FindingsStandard 1 (good taste and decency) – talkback is a robust forum – host’s comments were “tongue-in-cheek” and not intended to be taken seriously – contextual factors – not upheld Standard 2 (law and order) – not Authority’s role to determine whether deliberately running over possums is a crime – two callers gave the view that it was irresponsible – host discouraged dangerous driving – broadcast did not encourage listeners to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – complainant was allowed more than two minutes to air his views – callers who disagree with a talkback host’s…...

Decisions
Glendorran and Television New Zealand Ltd - 1993-122
1993-122

Download a PDF of Decision No. 1993-122:Glendorran and Television New Zealand Ltd - 1993-122 PDF269. 28 KB...

Decisions
Green and MediaWorks Radio Ltd - 2015-087 (3 March 2016)
2015-087

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem? ’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community....

Decisions
Johnston and NZME Radio Ltd - 2021-076 (15 September 2021)
2021-076

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by NZME was insufficient, after it upheld a complaint about language used in an interview on The Nutters Club. The interviewee told his story of overcoming drug addiction and offending, and now working to help others do the same. After saying, ‘Excuse all my language I use, too, it will get a little bit worse, it’s just how it is when you remember’, the interviewee used the words ‘fuck’, ‘shit’, and ‘arse’ (and variations of these) repeatedly. The Authority determined it would not have found a breach of the standards in the first instance, in the context of the broadcast....

Decisions
Gray, Scott, Vickers and Vink and MediaWorks TV Ltd - 2019-020 (18 July 2019)
2019-020

The Authority has not upheld four complaints about a segment on The AM Show, which featured host Duncan Garner criticising parents who do not vaccinate their children, using terms such as ‘murderers’ and ‘bloody idiots’, and stating they should be ‘stripped of their right to spread their message and their viruses’. The Authority found that, taking into account audience expectations of Mr Garner and The AM Show, alongside other contextual factors, Mr Garner’s comments did not breach broadcasting standards. With regard to the balance standard, the Authority found that, while the anti-vaccination movement was a controversial issue of public importance, Mr Garner’s comments did not amount to a ‘discussion’ for the purposes of the standard, but reflected his own personal views on the issue....

Decisions
Lucy and Radio New Zealand Ltd - 1997-047
1997-047

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-047 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN LUCY of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Preston and Canterbury Television Ltd - 1995-067
1995-067

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...

Decisions
Grenfell and Radio New Zealand Ltd - 2003-009
2003-009

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

Decisions
Holding and Television New Zealand Ltd - 2004-061
2004-061

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Serial Mom – movie – language – included repeated use of “fuck” – allegedly bad tasteFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld This headnote does not form part of the decision. Broadcast [1] Serial Mom, a satirical movie about a murderous suburban mother in America, was broadcast on TV2 from 10. 30pm on 26 January 2004. Early in the movie, the lead character makes an obscene telephone call. During the call the word “fuck” is spoken repeatedly and other offensive language is also used. Complaint [2] Doreen Holding complained to Television New Zealand Ltd, the broadcaster, about the use of the word “fuck”....

Decisions
Watson and Television New Zealand Ltd - 2003-088
2003-088

ComplaintTipping the Velvet – promo – "lesbian sex scenes" – 7. 30pm – offensive – unsuitable for children FindingsStandard 1and Guideline 1a – context – no uphold Standard 9 – not alarming or distressing for children – majority – no uphold This headnote does not form part of the decision. Summary [1] Scenes and dialogue of an intimate nature between females from the television drama, Tipping the Velvet, were broadcast in a promo on TV One at 7. 30pm on Sunday 4 May 2003. [2] Robin Watson complained to Television New Zealand Ltd, the broadcaster, that the promo contained lesbian sex scenes which were entirely unsuitable for child viewers and, therefore, inappropriate for broadcast during family viewing time....

Decisions
O'Neill and Television New Zealand Ltd - 2010-038
2010-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item on the death of a Georgian luger at the Winter Olympics – included footage of the crash that killed the athlete and a still shot of him being attended to by paramedics – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – broadcaster handled the crash with adequate care and sensitivity – still shot of paramedic giving CPR to the bloodied athlete on the borderline of acceptability – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Saturday 13 February 2010, reported on the death of a Georgian luger during a practice run at the Winter Olympic Games in Canada....

Decisions
de Villiers and Television New Zealand Ltd - 2009-021
2009-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made statements regarding the death of convicted murderer Antonie Dixon – allegedly in breach of good taste and decency and fairness standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – Mr Dixon’s family did not take part in the item and were not referred to – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Breakfast, broadcast on TV One at 8. 42am on Thursday 5 February 2009, the programme’s presenters reported that convicted murderer Antonie Dixon had died in jail. The following exchange took place between the presenters: Host 1: Now in news just to hand, we can confirm that Antonie Dixon is the prisoner who has died at Paremoremo Prison....

Decisions
Anderson and TVWorks Ltd - 2008-124
2008-124

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989Jono’s New Show promo – man said “Fucken oath, look at him, what a fuckwit. Goes for a run and gets shot in the arse” – “fucken” and “fuckwit” were partially bleeped but words could still be distinguished – broadcaster upheld complaint under two standards – action taken allegedly insufficient Findings Standards 1 (good taste and decency) and 9 (children’s interests) – broadcaster upheld complaint under two standards and changed appraisal process – action taken sufficient This headnote does not form part of the decision. Broadcast [1] A promo for Jono’s New Show was broadcast at approximately 6. 14pm on Sunday 14 September 2008 on C4. It included a man saying “Fucken oath, look at him, what a fuckwit. Goes for a run and gets shot in the arse”....

Decisions
Denham and TVWorks Ltd - 2009-094
2009-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon series – contained sexual references – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy cartoon Futurama was broadcast on C4 at 7pm on Wednesday 27 May 2009. The show revolved around the main character Fry, who was cryogenically frozen in 1999 and then thawed 1,000 years later. The episode began with a flashback to New York in 1999 and showed Fry delivering a pizza to the local television station, which was showing a fictional programme called Single Female Lawyer....

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