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Barrett and TVWorks Ltd - 2011-161
2011-161

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Date My Ex – reality series broadcast at 3pm contained footage of people drinking alcohol – allegedly in breach of good taste and decency, responsible programming, liquor and children’s interests standards FindingsStandard 11 (liquor) – presence of liquor in the programme was extremely brief and alcohol consumption was not glamorised – content did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – programme correctly rated PGR – did not contain any material which warranted a higher rating of AO – not upheld Standard 1 (good taste and decency) – programme’s content would not have offended the majority of viewers – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

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
Stamilla and TVWorks Ltd - 2011-130
2011-130

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on a disagreement between two individuals about their input into a Rugby World Cup statue – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standardsFindings Standard 6 (fairness) – item was a balanced and straightforward news report – neither party presented as more credible or worthy than the other – included comment from both parties – no evidence to suggest interview footage unfairly edited – not upheldStandard 5 (accuracy) – item was a straightforward news report – broadcaster was not required to explain the complainant’s position in more detail – viewers would not have been misled – not upheldStandard 2 (law and order) – complainant’s concerns relate to issues of copyright – Authority cannot assume the role of a court – standard not applicable…...

Decisions
Francis and Television New Zealand Ltd - 2011-123
2011-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Nothing Trivial – broadcast during One News – characters used the terms “balls”, “arse” and “bastard” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – language of a low level – One News aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during One News – not upheld This headnote does not form part of the decision. Introduction [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 6pm and 7pm on Wednesday 24 August 2011, during One News which was unclassified....

Decisions
Henderson and TVWorks Ltd - 2011-126
2011-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for The Jono Project – contained brief silhouette image of a woman bouncing up and down apparently having sex – allegedly in breach of good taste and decency, responsible programming and children’s interests standards Findings Standard 1 (good taste and decency), Standard 8 (responsible programming), and Standard 9 (children’s interests) – image was fleeting, dark and relatively indistinct – promo did not contain any AO material – promo appropriately classified PGR and screened during Dr Phil – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 1. 30pm during Dr Phil, broadcast on TV3 on 22 and 23 September 2011, a promo for The Jono Project was shown, which contained a brief silhouette image of a woman bouncing up and down, apparently having sex....

Decisions
Freeman and Television New Zealand Ltd - 2011-121
2011-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...

Decisions
Marshall and TVWorks Ltd - 2011-143
2011-143

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Asset Sales Advertisement – used the word “damn” – allegedly in breach of good taste and decency standardFindingsStandard E1 (election programmes subject to other Codes) – Standard 1 (good taste and decency – “damn” is very low-level language and would not have offended most viewers – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Introduction[1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on 14 November 2011 at approximately 10pm. The advertisement contained the following voiceover: If you think power prices are high now, wait until we don’t own a damn thing....

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
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
Fibbens and RadioWorks Ltd - 2011-100
2011-100

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Henry Drive – referring to the name of the show segment, the host stated, “It’s time for our left right shit fight” – guest stated, “As much as this is meant to be a shit fight Sue, you are going to have to find some more subjects that we disagree on” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – low-level language used in a non-aggressive manner and in a robust talkback environment would not have surprised listeners – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Paul Henry Drive show was broadcast on Radio Live between 3pm and 6pm on Monday 20 June 2011....

Decisions
Conn and Television New Zealand Ltd - 2011-106
2011-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promos for Nothing Trivial – broadcast during Emmerdale – contained comments, “one guy who’s in serious need of a root” and, “when your husband can’t keep his dick in his pants” – allegedly in breach of good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – Emmerdale aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during Emmerdale – not upheld This headnote does not form part of the decision. Broadcasts [1] Two promos for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, were broadcast on 1 and 5 July 2011 on TV One between 12. 30pm and 1. 30pm, during Emmerdale which was rated PGR....

Decisions
Perkins and SKY Network Television Ltd - 2011-103
2011-103

Complaint under section 8(1C) of the Broadcasting Act 1989Kalgoorlie Cops – included footage of barmaids wearing lingerie and skimpy outfits as well as a topless barmaid using her bare breasts to entertain patrons – allegedly in breach of standards relating to good taste and decencyFindingsStandard P2 (good taste and decency) – content intended to be light-hearted and humorous – channel and programme targeted at adults – episode classified “M” and preceded by a clear warning for nudity and mature themes – filtering technology available on SKY – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast[1] An episode of the reality TV series Kalgoorlie Cops was broadcast on the Crime and Investigation Channel at 2pm on Monday 20 June 2011. The narrator introduced the programme as follows: This is Kalgoorlie, sitting on the edge of Australia’s biggest gold mine....

Decisions
Samuel and TVWorks Ltd - 2011-097
2011-097

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Big – reality television series about obese people trying to lose weight – contained brief footage of naked woman in the shower – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency), Standard 8 (responsible programming) and Standard 9 (children’s interests) – viewers would expect to be warned for nudity broadcast at 7. 30pm – however nudity was extremely brief and incidental – consistent with PGR rating and timeslot – most viewers would not have been offended or disturbed by the content – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision....

Decisions
Slaney and Television New Zealand Ltd - 2011-107
2011-107

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News at 8pm – newsreader used the phrase, “Christ that hurt” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – viewers may have considered the comment mildly inappropriate in the context of a news programme – but was clearly intended to be humorous – within broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] An item on TVNZ News at 8pm, broadcast on TVNZ 7 at 8pm on Tuesday 12 July 2011, reported on the birth of a 16-pound baby in Texas, named Ja. During the item, the newsreader commented, “Ja means, ‘Christ that hurt’....

Decisions
Steans and TVWorks Ltd - 2011-105
2011-105

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Forgetting Sarah Marshall– contained three brief shots of a naked man with his genitals visible at approximately 8. 35pm – use of words “fuck” and “fucking” at about 8. 40pm – allegedly in breach of standards relating to good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – nudity was fleeting and non-sexualised – expletives were incidental and used colloquially rather than abusively – content did not amount to “strong adult material” broadcast too soon after the AO watershed – movie was classified AO and broadcast outside children’s viewing times – warning for nudity and language allowed parents to exercise discretion – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called Forgetting Sarah Marshall was broadcast on TV3 at 8....

Decisions
Schwabe and Television New Zealand Ltd - 2011-076
2011-076

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – use of the word “shit” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – presenter used the word “shit” as an expression of his pain and frustration – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During Fair Go, broadcast on TV One at 7. 30pm on 23 March 2011, one of the presenters discussed his frustration with attempting to assemble a “spring-free” trampoline. Having nearly finished putting the trampoline together, the presenter discovered that he had inserted the rods under the trampoline into the wrong holes. He remarked, “So we have to undo all those? Shit. ” He went on to say, “Getting them out is almost worse than getting them in, and more hazardous....

Decisions
Smith and The Radio Network - 2011-089
2011-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Breakfast Show – host joked “Who wants to stick their finger up Dean’s arse? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – humour used to convey important message about men’s health to target audience – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Breakfast Show, broadcast on Radio Hauraki between 6am and 9am on Tuesday 14 June 2011, one of the hosts Dean stated, “Alright, so the call is going to go out this morning for a doctor for Men’s Health Week”, and his co-host Nick joked, “Who wants to stick their finger up Dean’s arse?...

Decisions
Stevenson and Radio Tairua Ltd - 2011-095
2011-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Tairua – prelude to a song by rap artist DMX titled Gotta Go (Skit ) broadcast at 3. 45pm – appeared to involve a domestic dispute and contained extensive coarse language including the words “fuck” and “fucking” 13 times – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – excessive use of expletives at 3. 45pm when children could be listening would have significantly departed from audience expectations – upheld No Order This headnote does not form part of the decision. Broadcast [1] A prelude to a song by rap artist DMX called Gotta Go (Skit) was broadcast on Radio Tairua 88. 3FM at 3. 45pm on Tuesday 5 July 2011. The skit was approximately 1 minute in length and appeared to involve a domestic dispute between a man and a woman....

Decisions
Armitage and The Radio Network Ltd - 2011-093
2011-093

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host referred to comments by chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – host said, “In other words, when a woman is on her rags, she calls in crook to work” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – while comment would have offended some listeners, the phrase was colloquial and referring to menstruation which is not in itself derogatory – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 9. 30pm during a talkback programme on Newstalk ZB, broadcast on the evening of 24 June 2011, the host referred to recent comments made by the chief executive of the Employers and Manufacturers Association (EMA)....

Decisions
Russell and TVWorks Ltd - 2011-094
2011-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Inside New Zealand: High Time? – documentary discussed whether cannabis should be legalised in New Zealand – person said “holy fuckin’ Jesus” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – combination of “Jesus” and swear words more offensive to some people – however was not unexpected in context of documentary about cannabis preceded by clear warning for language – not upheld Standard 7 (discrimination and denigration) – phrase was an expression of awe rather than a comment on Christian people – programme did not encourage denigration of or discrimination against Christians as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the documentary series Inside New Zealand, entitled “High Time?...