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Decisions
Shore and Television New Zealand Ltd - 2017-064 (16 November 2017)
2017-064

Summary[This summary does not form part of the decision. ]During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech. ’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy  Introduction[1] During a sports news segment on Breakfast, the sports presenter discussed American golfer Jordan Spieth’s victory at the British Open Championship....

Decisions
J and The Radioworks Ltd - 1999-024, 1999-025
1999-024–025

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

Decisions
Hind and Television New Zealand Ltd - 2008-005
2008-005

Complaint under section 8(1B)(b)(i) Promo for F**k Off I’m Small – use of “F**k Off” in the promo – promo screened during PGR-rated programme – allegedly in breach of good taste and decency and programme classification standards Findings Standard 1 (good taste and decency) – swear word was not said or spelled out – contextual factors – not upheld Standard 7 (programme classification) – promo should have been rated PGR but was appropriately screened during PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme F**k Off I’m Small was broadcast on Tuesday 13 November 2007 at 7. 55pm on TV One during Coronation Street. F**k Off I’m Small was advertised as the premiere episode of a documentary series entitled Real Life, which was to screen at 9. 30pm on Wednesday....

Decisions
Smith and Television New Zealand Ltd - 1997-134
1997-134

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Durham and Groen and Channel Z Ltd - 1997-185, 1997-186
1997-185–186

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-185 Decision No: 1997-186 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MARTIN DURHAM of Upper Hutt and MAARTEN GROEN of Lower Hutt Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Lee and TV3 Network Services Ltd - 1995-160
1995-160

THE BROADCASTING STANDARDS AUTHORITY Decision No: 160/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALICIA LEE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Harang and Curtis and Television New Zealand Ltd - 1999-232, 1999-233
1999-232–233

SummaryAn episode of Hollywood Sex was broadcast on TV2 at 9. 30pm on 26 August 1999. This two-part programme looks at some of the more unusual activities which take place in Hollywood’s sex industry. Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the programme contravened standards of decency, and that young people could watch and be influenced by "the very bad aspects of the programme". Mr and Ms Curtis complained that the programme was "the most disgustingly blatant sexual perversion [they had] ever had the misfortune to see", and that the programme was unsuitable for screening at that hour because of the likelihood of children watching. In its responses to the complaints, TVNZ said that it did not consider that it had breached any broadcasting standard. It noted that the programme was broadcast at 9. 30pm, carried an AO certificate, and was preceded by a warning....

Decisions
Ede and The Radio Network Ltd - 2009-005
2009-005

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Morning Pirates – hosts discussed the act of people photocopying their naked bottoms on the office photocopier – one of the hosts photocopied his bottom on the radio station's photocopying machine and encouraged listeners to do the same – host invited listeners to exchange photocopies with him via facsimile – allegedly in breach of good taste and decency, law and order and responsible programming Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 8 (responsible programming) – hosts' actions were inoffensive and harmless – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Pirates breakfast show, broadcast on Radio Hauraki at 7....

Decisions
Francis and Contact 89 FM Ltd (Hamilton) - 1997-072
1997-072

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...

Decisions
Niumata and Television New Zealand Ltd - 2002-166
2002-166

ComplaintBehind the Scenes – Ali G in da house – offensive behaviour FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] The programme Behind the Scenes – Ali G in da house was broadcast on TV 2 at 10. 45pm on 16 July 2002. [2] Angela Niumata complained to Television New Zealand Ltd, the broadcaster, that the programme included a sequence where the main character performed a suggestive and offensive act upon another character. [3] In declining to uphold the complaint, TVNZ said that in the context of adult comedy, the scene complained about did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Ms Niumata referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
The New Zealand Woman and Television New Zealand Ltd - 2002-016, 2002-017
2002-016–017

ComplaintOne News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into grief of the complainant and her family FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief took place – but valid news item and item did not include gratuitous detail – no uphold This headnote does not form part of the decision. Summary [1] The complainant, a New Zealand woman, was the victim of a rape and other serious violent offences in the United States....

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

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
North and Television New Zealand Ltd - 2010-090
2010-090

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for The Vampire Diaries – broadcast during a G-rated programme at 4. 55pm – contained shots of vampires and people kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standardsFindingsStandard 8 (responsible programming) – images in the promo very brief and dark – would not have left a lasting impression likely to disturb or alarm child viewers – correctly rated G – not upheld Standard 9 (children’s interests) – promo unlikely to disturb or alarm children – broadcaster adequately considered children’s interests – not upheld Standard 1 (good taste and decency) – promo was fleeting and inexplicit – not upheld Standard 10 (violence) – promo did not contain any violence – not upheld This headnote does not form part of the decision....

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
Couling and RadioWorks Ltd - 2012-044
2012-044

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Mid-Mornings with K-Lee – song titled “Our Love Suicide” by Tinie Tempah – broadcast at 11. 15am – contained the lyric “love suicide” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – the song lyric “love suicide” was used metaphorically to refer to the ending of a relationship and not in its literal sense – term innocuous when used in this context – not upheld Standard 8 (responsible programming) – the song did not promote or glorify suicide but related to the ending of a relationship – song not socially irresponsible – not upheld This headnote does not form part of the decision.  ...

Decisions
Chapman and The Radio Network Ltd - 2007-076
2007-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

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
Hargreaves and MediaWorks Radio Ltd - 2020-044B (14 October 2020)
2020-044B

The Authority has not upheld a complaint about the host’s language and approach during an interview broadcast on Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. During the interview Mr Plunket appeared increasingly frustrated and hung up on the interviewee after using the phrase, ‘Jesus Christ’. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case....

Decisions
Matthewson and NZME Radio Ltd - 2017-060 (21 September 2017)
2017-060

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

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