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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-078 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by T A JOHNSON of Ravensbourne Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryA segment on consumer rights relating to boundary fences was included in Target broadcast on TV3 on 29 August 1999 beginning at 7. 00pm. A brief shot of a man’s buttocks was seen in a skit performed by two actors. Dawn Shelford, on behalf of Preserving Communication Standards Trust Inc, complained that she and the members of her group found this segment objectionable. She said they did not consider it appropriate for this segment to have been included in a consumer rights programme as it was "a kind of titillation based on public indecency". TV3 responded that the 7-second view of the actor’s bare bottom was in its view acceptable in the context. It did not agree that the scene was objectionable and exceeded community standards of decency. It declined to uphold the complaint. For the reasons given below, the Authority declines to determine the complaint....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-165 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Warning: This decision contains language that some readers may find offensiveSummary[This summary does not form part of the decision. ]During an interview on Breakfast about a proposed cull of Himalayan tahr, the Minister of Conservation, Hon Eugenie Sage, appeared to use the word ‘cunters’ when referring to the educational effort undertaken by tahr hunters. The Authority did not uphold a complaint that the Minister’s use of this word during this interview breached the good taste and decency and discrimination and denigration standards. The use of the word was an accidental slip of the tongue and it was clear that the Minister intended to refer to ‘hunters’ during this section of the interview. The use of the word was not deliberate nor was it used with any malice or invective....

Summary[This summary does not form part of the decision. ]During Paul Henry on Radio Live the presenters said ‘bloody’ and ‘bugger’ several times. The Authority did not uphold a complaint that this language was unacceptable. These terms constituted low-level coarse language which would not have offended a significant number of listeners in the context of the broadcast. The language was within audience expectations of the presenters, the programme and the radio station. Not Upheld: Good Taste and DecencyIntroduction[1] During Paul Henry on Radio Live the presenters said ‘bloody’ and ‘bugger’ several times. [2] Dr John Tanner complained that this language was unacceptable. [3] As Dr Tanner did not nominate a specific standard in his complaint, MediaWorks assessed the complaint under what it considered to be the most relevant standard....

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that use of the word ‘fuck’ in an episode of My Life is Murder, broadcast after 8. 35pm without an ‘L’ advisory for offensive language, breached the good taste and decency standard. In the context, including the programme’s nature, classification and intended audience, the Authority found the episode was unlikely to have caused widespread undue offence or distress. Not Upheld: Good Taste and Decency...

Download a PDF of Decision No. 1990-002:Bartlett and Television New Zealand Ltd - 1990-002 PDF307. 38 KB...

Summary A documentary entitled The London Connection was broadcast on TV One on 16 August 1999 beginning at 8. 30pm. Host Gary McCormick interviewed New Zealanders living and working in London. He also visited a club frequented by young New Zealanders where they were shown drinking heavily and where young women were seen dancing topless. Mr Boyce complained to Television New Zealand Ltd, the broadcaster, that the footage showing "several inebriated, albeit buxom" women dancing topless breached the good taste standard. TVNZ responded first that the sequence to which Mr Boyce objected was broadcast near the end of the hour-long programme, well after the widely-recognised watershed. It agreed that the behaviour of the young women was coarse and vulgar, but did not consider that it exceeded the good taste standard in the context in which it was shown. It declined to uphold the complaint....

ComplaintTalkback – Radio Pacific – host rude to callers FindingsPrinciple 1 – no tape – reported remarks not exceptional in talkback context – decline to determine This headnote does not form part of the decision. Summary Talkback discussion about equestrian Mark Todd’s alleged cocaine use was broadcast on Radio Pacific on 6 July 2000 between 7. 00–8. 00am. The host supported Mr Todd. Alex Watson complained to The RadioWorks Ltd, the broadcaster, that the host’s conduct had been objectionable. He cited some examples of callers being subjected to what he termed abusive treatment after expressing their views, and noted that although some callers had tried to remonstrate with the host, they had been cut off before they could speak. In his view, this was not part of free speech talkback, and did nothing for the reputation of the station....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Devlin on Sport – host read out list of swear words from Authority’s survey – attempts made to censor the words, but some were still distinguishable – RadioWorks upheld a complaint that the broadcast breached good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – action taken by broadcaster adequate considering the nature of the breach – not upheldThis headnote does not form part of the decision. Broadcast[1] During an item on Devlin on Sport, broadcast on Radio Live at 3. 45pm on Sunday 28 March 2010, the host briefly discussed a survey conducted by the Broadcasting Standards Authority on swear words in broadcasting after an interviewee had used the word “bullshit” during a discussion. [2] The host stated: They’ve just put out today, the BSA, a media release, for immediate release....

SummaryDuring an interview on Nine to Noon on Radio New Zealand’s National Programme on 4 September 1998, the word "fuck" was used on several occasions by both the host of the programme and the interviewee when they quoted a poem which had been translated and backtranslated into both French and German. Mr Crouch of Marton complained to RNZ Ltd and received no reply to his complaint. He therefore referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to Radio New Zealand Ltd for response, it advised that it had considered the complaint under standard R2 of the Radio Code of Broadcasting Practice, which requires broadcasters to observe standards of good taste and decency....

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Unauthorised History of New Zealand – cartoon involving “King Dick” who ejaculated onto the face of a Chinese character – allegedly in breach of good taste and decency. Findings Standard 1 (good taste and decency) – cartoon satirised anti-Asian views of former Prime Minister – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history. In an episode broadcast on TV One at 10. 30pm on 20 July 2008, the programme reviewed past Prime Ministers of New Zealand, including Robert Muldoon and Michael Savage, also mentioning Helen Clark (the then Prime Minister) and John Key (the National Party leader)....

Download a PDF of Decision No. 1990-020:Malone and Television New Zealand Ltd - 1990-020 PDF (315. 48 KB)...

Summary [This summary does not form part of the decision. ] At the conclusion of an interview with a scientist on The Paul Henry Show, Mr Henry asked her, ‘Did you have sex with Richard Branson? ’ The Authority did not uphold the complaint that the question was inappropriate and discriminated against women. It was a provocative remark that was not unduly surprising given Mr Henry’s well-known style. It was also relevant that the scientist herself was apparently not offended and was aware she might be questioned about Mr Branson. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During The Paul Henry Show, Mr Henry interviewed a scientist, Dr Michelle Dickinson, about her research. At the end of the interview he asked about her recent experience staying with Richard Branson, a well-known businessman....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on “strip club turf war” contained footage of a stripper wearing only a G-string and dancing erotically – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld the complaint under Standards 1 and 9 – action taken allegedly insufficient FindingsAction Taken: Standard 1 (good taste and decency) and Standard 9 (children’s interests) – action taken by broadcaster sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on Thursday 3 May 2012, reported on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Summary[This summary does not form part of the decision. ]A presenter on the satirical cooking programme Posh Nosh, broadcast on ANZAC Day, described the presentation of food on a plate as 'dreadful, stacked up like dead soldiers in a trench'. The presenter also described the placement of a lemon on a fish as looking like 'I've got a yellow hat up my bottom'. The Authority did not uphold a complaint that these comments were offensive and inappropriate. The programme was unrelated to ANZAC Day and the comments would not have offended most reasonable viewers in context. Not Upheld: Good Taste and DecencyIntroduction[1] A presenter on the satirical cooking programme Posh Nosh, broadcast on ANZAC Day, described the presentation of food on a plate as 'dreadful, stacked up like dead soldiers in a trench'....