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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-117 Dated the 19th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HEATHER HOWARD of Upper Hutt Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-072 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KEN FRANCIS of Hamilton Broadcaster CONTACT 89 FM LIMITED (Hamilton) J M Potter Chairperson L M Loates R McLeod A Martin...

Summary The lead story on One Network News on 14 February 1999 at 6. 00pm reported a fatality at Western Springs Speedway in Auckland. Footage of the accident showed a spectacular crash before the driver was flung out, crushed by his car and killed. That footage was repeated during the item. Mr Allison of Nelson complained to Television New Zealand Ltd, the broadcaster, that the footage was offensive, distasteful, and showed a callous disregard for those close to the victim and for all viewers. He objected to its graphic nature and the fact that it was shown without warning during early evening family viewing time. TVNZ responded that the item’s emphasis was on how the accident had occurred and why the driver’s safety harness had failed. The accidental death was, it contended, a matter of public concern and interest, particularly as it occurred at a public event....

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...

Complaint Radio Sport – host Doug Golightly told caller, “For Christ’s sake, piss off” – offensive – unfair Findings Principle 1 – context – not upheld Principle 5 – comment directed at caller – bad tempered – verging on breach – not upheld This headnote does not form part of the decision Summary [1] During a talkback session on Radio Sport on 13 December 2003, at about 10. 00am, the host Doug Golightly said to a caller, “For Christ’s sake, piss off”. [2] Chris Baker complained to The Radio Network Ltd (TRN), the broadcaster, that the language was offensive and the comment was unfair. [3] In response, TRN declined to uphold the complaint. It considered the attitude apparent and the language contained in the item were acceptable in the robust style of talk show hosted by Mr Golightly....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – Mystery and the Mouth – talkback discussion about former All Black captain – caller abused – allegedly offensive, unbalanced and unfairFindings Principle 1 (good taste and decency) – context – borderline – not upheld Principle 4 (balance) – style and manner of comment complained about, not substance – not upheld Principle 5 (fairness) – host’s response unprofessional given other options available – nevertheless responded to provocation – not upheldThis headnote does not form part of the decision. Broadcast [1] Mystery and the Mouth is the name of the talkback programme broadcast on Radio Sport between 10am to 12 noon on Sunday mornings. The programme hosts are John Morrison – “Mystery”, and Miles Davis – “The Mouth”....

Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed a five-week, outdoor ‘life skills’ camp held for high school students on Great Barrier Island. Footage of a sheep being restrained to be killed for food, the sheep’s dead body and blood, and the gutting of the sheep was shown. The Authority did not uphold a complaint that the killing of the sheep was ‘brutal’ and unacceptable for broadcast. While the footage was graphic and would not have appealed to all viewers, it was adequately signposted during the item, which enabled viewers to exercise discretion and decide whether to continue watching. The actual killing of the sheep was not shown, and the footage appeared to show standard, accepted practices of killing animals for food in New Zealand....

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on the final stages of a court case in Auckland, known as the ‘Dome Valley’ kidnapping, in which a young woman was kidnapped, beaten, sexually violated and left to die by a group of her former friends. The reporter outlined the events of the kidnapping and the item featured segments of the victim giving evidence (with her voice disguised) via audio-visual link from another room in the closed court. The reporter and the victim outlined her assault and injuries in some detail. No audience advisory was broadcast....

ComplaintThe Assignment – film – sexual behaviour and nudity – offensive – excessive violence – unacceptable at 8. 30pm FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guidelines 9a, 9b, 9c – 8. 40pm on Saturday – violent scene screened soon after the watershed – warnings by themselves may not be sufficient – insufficient discretion exercised – upholdStandard 10 and Guideline 10a – violence not gratuitous given factual basis – no uphold No Order This headnote does not form part of the decision. Summary [1] The film The Assignment was screened on TV2 at 8. 30pm on Saturday 19 October 2002. Based on the life of the notorious terrorist Carlos (The Jackal), the film’s story-line involved a CIA scheme to persuade Carlos’s allies to suspect his motives and to assassinate him....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – film review – reviewer used words “she doesn’t get my balls going” – allegedly offensiveFindingsPrinciple 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A film reviewer on Newstalk ZB said of an actor “she doesn’t get my balls going”. The review was broadcast during the Saturday morning Mike Hosking show at 9. 45am on 16 July 2005. Complaint [2] Gaile Porter complained to The Radio Network Ltd, the broadcaster, that the language was inappropriate at a time when her grandchildren were listening. She said the phrase, which was broadcast twice, was offensive. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice....

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

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....

Complaint Classic Hits FM: comments about Michael Douglas and Catherine Zeta-Jones expecting a child: (1) racist remarks – offensive language; (2) denigrated Jewish people Findings(1) Principle 1 – majority – no breach, not racist – no uphold (2) Principle 7 – majority – legitimate use of humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on 31 January 2000, a presenter on Classic Hits FM announced that Michael Douglas and Catherine Zeta-Jones were expecting a child, and that Ms Zeta-Jones was considering converting to Judaism. The presenter added "and I suppose the baby will have a long nose and be good with money. Only joking. " Nicholas Koenig complained to The Radio Network Ltd that the comment was both offensive and derogatory. He sought a formal apology....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 12/94 Dated the 5th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHARLES B. HARPER of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

An item on Prime News inadvertently contained an uncensored image of the word ‘cunt’. The Authority has not upheld a complaint alleging the action taken by the broadcaster in response to this error was insufficient. The broadcaster upheld the complaint under the good taste and decency standard and took steps to address the error with its news producers. The broadcaster also apologised to the complainant. Not Upheld: Good Taste and Decency (Action Taken)...

Summary[This summary does not form part of the decision. ]Turning Point featured a Christian sermon about the second coming of Jesus Christ. The Authority did not uphold a complaint that the programme should have been classified PGR instead of G, and breached various other broadcasting standards. The programme did not contain any material which exceeded its G classification or which threatened broadcasting standards. Not Upheld: Good Taste and Decency, Controversial Issues, Accuracy, Fairness, Responsible Programming, Children’s Interests, ViolenceIntroduction[1] Turning Point featured a Christian sermon about the second coming of Jesus Christ. [2] Scott McLoon complained that the programme should have been classified PGR instead of G, as any child viewers should be subject to parental guidance. He also complained the programme breached various other standards....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Outrageous Fortune – scene in which two actors have sex in a video store – scene in which male character was touching the female character in a sexual manner – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Outrageous Fortune, a comedy-drama series about a one-family crime wave trying to go straight, was broadcast on TV3 at 9. 30pm on 14 November 2006. The episode was preceded by a warning which said: This programme is rated adults only and is recommended for a mature audience. It contains sexual material and language that may offend some people....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – item about the forthcoming South Park “Bloody Mary” episode – item’s introduction included references to religious and cultural beliefs and to media freedom, and showed the alcoholic drink called a “Bloody Mary” – allegedly compared menstrual blood with a cocktail in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – introduction simply a play on words – not upheldThis headnote does not form part of the decision. Broadcast [1] The debate about the forthcoming screening of the South Park “Bloody Mary” episode was dealt with in an item broadcast on TV3’s Campbell Live at 7. 00pm on 20 February 2006. The introduction began: "Tonight the Catholic Church, media freedom, South Park¸ and the episode that dare not speak its name. For our adult viewers, here's a clue. What's this vodka-based drink called?...