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Decisions
Schwabe and Television New Zealand Ltd - 2001-055
2001-055

ComplaintNew Zealand Festival: Virginity – language – "did you fuck him? " – offensive FindingsSection 4(1)(a) – not gratuitous – acceptable in context – no uphold This headnote does not form part of the decision. Summary The programme New Zealand Festival: Virginity was broadcast on TV One at 9. 35pm on 19 February 2001. One of the seven women who spoke of their first sexual experiences reported that she was later asked by an acquaintance, "did you fuck him? " Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "fuck" was grossly offensive. He argued that the classification of a programme as AO and the inclusion of a warning did not excuse the broadcaster from the requirement to maintain standards of good taste and decency....

Decisions
Watkins and The RadioWorks Ltd - 2001-138–204
2001-138–204

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Decisions
Buckingham and Television New Zealand Ltd - 2002-185
2002-185

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

Decisions
Ake, Scott and Reeves and The Radio Network Ltd - 2001-002, 2001-003, 2001-004
2001-002–004

ComplaintNewstalk ZB – offensive language – socially irresponsible – racist – cocky nigger FindingsPrinciple 1 – majority finding that broadcast breached good taste – uphold Principle 7 – broadcast did not encourage denigration of/discrimination against Africans/African-Americans – no uphold OrderNo penalty This headnote does not form part of the decision. Summary Newstalk ZB’s morning talkback show on 15 September 2000 included an item about a press conference with boxing legend Muhammad Ali, held at the Olympic Games in Sydney the previous day. During the item, the host used the words "cocky nigger" when referring to Muhammad Ali at the time of his gold medal win at the Rome Olympics in 1960. Jason Ake, Lewis Scott and Mrs A Reeves complained to The Radio Network Limited, the broadcaster, that the words "cocky nigger" breached standards of good taste and decency, and were derogatory and socially irresponsible....

Decisions
Parre and CanWest RadioWorks Ltd - 2005-016
2005-016

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Pacific – talkback segment discussing Ahmed Zaoui – host said “I don’t care if we shoot him and send him out in a dog food can” – several other statements relating to Mr Zaoui’s activities – allegedly in breach of good taste and decency and inaccurateFindings Principle 1 (good taste and decency) – context – not upheldPrinciple 6 (accuracy) – decline to determine accuracy of one statement – two statements inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] A talkback segment on Radio Pacific in the early evening on 11 November 2004 discussed the Algerian refugee Ahmed Zaoui. The host expressed strong views that Mr Zaoui should leave New Zealand, and said “I don’t care if we shoot him and send him out in a dog food can”....

Decisions
Schwabe and Radio New Zealand Ltd - 2002-091
2002-091

ComplaintCountry Life – National Radio – bugger – offensive languageFindingss. 4(1)(a) – decline to determine – complaint vexatious Orders. 16(2)(a) – costs to broadcaster of $150This headnote does not form part of the decision. Summary [1] Country Life is a programme dealing with rural issues broadcast on National Radio. It is broadcast between 7. 00–8. 00pm on Friday evening and repeated at 7. 00am on Saturday morning. The programme broadcast on Saturday morning 13 April 2002 included a segment about a group of 20 mentally-impaired people in a Trust who were working on a farm. One of the men when interviewed used the phrase “bugger-all”, and the interviewer repeated the term in his next question. [2] Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the use of this word on National Radio was offensive....

Decisions
Elders and RadioWorks Ltd - 2010-100
2010-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Rumble – breakfast show hosts on The Rock discussed a story featured on Close Up the previous night about two girls who alleged that, twelve-years prior, an ex-All Black had engaged in sexual activity with one of them while she had been unconscious – the hosts noted that the girl had accepted a payment from the man to settle the matter – one host made the comment, “See, all I see is that that woman and her mate have cashed in at both ends” – allegedly in breach of good taste and decency, controversial issues, fairness and responsible programming standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 6 (fairness) – some elements of unfairness – however, hosts entitled to voice their opinions in the manner in which they did – freedom of expression – not upheldStandard 4…...

Decisions
Stewart and Television New Zealand Ltd - 2011-063
2011-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Decisions
Bennett and RadioWorks Ltd - 2011-119
2011-119

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – host discussed “tweet” on social networking website Twitter by rapper Lil Wayne – host said, “His tweet was quite interesting. He said, ‘I busted my fuggin’ head at skate park’” – allegedly in breach of good taste and decency and children’s interests standardsFindingsStandard 1 (good taste and decency) – host clearly said “fuggin’” – “fuggin’” not offensive in its own right – contextual factors – not upheldThis headnote does not form part of the decision. Introduction[1] At approximately 5. 30pm on More FM on 23 August 2011, the radio host was discussing interesting “tweets” by celebrities on the social networking website Twitter. He said: Lil Wayne, he fell off his skateboard, smashed him in the face, he got nine stitches. His tweet was quite interesting....

Decisions
Schwabe and Radio New Zealand Ltd - 2010-174
2010-174

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

Decisions
Riley and TVWorks Ltd - 2010-165
2010-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – host interviewed members of New Zealand Actors’ Equity union on controversy surrounding production of the film The Hobbit in New Zealand – the host stated, “So there is not some Australian with his or her hand up your bum operating you like a puppet?...

Decisions
Blue and Television New Zealand Ltd - 2011-131
2011-131

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

Decisions
Osborne and Television New Zealand Ltd - 2013-085
2013-085

Summary [This summary does not form part of the decision. ] Two items on Seven Sharp contained sexualised imagery and innuendo. The Authority did not uphold the complaint that the items were inappropriate in a prime time news and current affairs slot. Both items were clearly intended to be humorous rather than titillating, and would not have been unduly offensive or unexpected for regular viewers, given the programme’s mix of serious news, banter and entertainment. Not Upheld: Good Taste and Decency Introduction [1] Two items on Seven Sharp, a New Zealand current affairs and entertainment programme, contained sexualised imagery and innuendo. The first item, broadcast on 7 October 2013, included footage of a man’s YouTube parody of Miley Cyrus’ raunchy performance at the MTV Video Music Awards. The man was shown dancing provocatively around a toilet bowl wearing a bikini made out of glad-wrap....

Decisions
Campbell and Television New Zealand Ltd - 1995-077
1995-077

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 77/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D R CAMPBELL of Papamoa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
Rockel and TV3 Network Services Ltd -2000-092
2000-092

Complaint3 News – comment by newsreader – offensive behaviour – mockery of middle-aged women Findings(1) Standard G2 – insufficiently offensive – no uphold (2) Standard G13 – no uphold This headnote does not form part of the decision. Summary A newsreader read an item on 3 News about a group of middle-aged English women who had raised money for charity by posing nude for a calendar, during which he commented "I bet that’s all they raised". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 26 March 2000. Jenny Rockel complained to TV3 Network Services Ltd, the broadcaster, that the newsreader had given the impression that the idea of women’s sexual viability in middle life was laughable. She considered that this was offensive and tasteless. In its response, TV3 said that the remark was unscripted and intended by the newsreader to be amusing....

Decisions
Royal and The RadioWorks Ltd - 2001-213
2001-213

ComplaintRadio Pacific – talkback host's reference to graffiti artists’ attitude to suicide included the words – they "should commit suicide more quickly" – immature – bigoted – offensive FindingsPrinciple 1 and Principle 7 Guideline 7a – no tape – decline to determine Principle 8 – relevant – uphold No Order This headnote does not form part of the decision. Summary [1] Graffiti artists were discussed on talkback broadcast on Radio Pacific at about 4. 15pm on 1 June 2001. In reply to a caller expressing concern about the suicide rate among that group, the host had used words to the effect "it is a pity more of them do not commit suicide more quickly". [2] Alan Royal complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the remark was "immature, bigoted and offensive"....

Decisions
Hutt and Television New Zealand Ltd - 2009-103
2009-103

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Trinny and Susannah: The Great British Body – large group of naked British people formed a sculpture of a naked person – contained full frontal nudity – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – programme aimed to convey uplifting message about people accepting their bodies – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The final episode of Trinny and Susannah: The Great British Body was broadcast on TV One at 2pm on Saturday 25 July 2009. Throughout the series, style gurus Trinny and Susannah had travelled across Britain talking to people about their naked bodies, with the aim of changing the way Britons viewed their bodies and celebrating the qualities that made each of them unique....

Decisions
Weich and MediaWorks Radio Ltd - 2016-023 (22 August 2016)
2016-023

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....

Decisions
Singh and Radio Virsa - 2020-124 (13 May 2021)
2020-124

The Authority has not upheld a complaint about a segment of Punjabi talkback programme Dasam Granth Da Sach. During the programme the host made comments about a well-known female Sikh preacher, including that she should marry a Taksali (traditionally trained Sikh) rather than a Jāgaruka (enlightened Sikh), because she supports the ideology of the former, and because husbands ‘in our society’ resort to beating when offended by their wives. The host also used words that can carry sexual connotations but, in the specific context of the broadcast, were unlikely to do so. The Authority acknowledged the potentially offensive nature of the comments to some people, but found overall the potential harm arising was not at a level justifying regulatory intervention or restriction of the broadcaster’s right to freedom of expression on this occasion. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Violence, Privacy, Fairness...

Decisions
Neumegen and MediaWorks Radio Ltd - 2018-014 (8 May 2018)
2018-014

Summary[This summary does not form part of the decision. ]A segment on Polly & Grant for Breakfast featured the hosts reading out and discussing a list of countries referred to as ‘the last places on Earth with no internet’. The list was long and included countries such as India, Indonesia, Zimbabwe, Ghana, Guatemala and Nicaragua. The list was evidently sourced from an online article that contained relevant information about the countries listed having internet user penetration rates of less than 20%. That information was omitted during the broadcast, and created an impression that the countries listed had no internet. The Authority nevertheless did not uphold a complaint under the accuracy standard. The Authority noted that the accuracy standard only applies to news, current affairs or factual programming and found that it did not apply to this light-hearted, entertainment-based programme....

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