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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-088 Dated the 10th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R J HEALING of Christchurch Broadcaster C93 FM Christchurch S R Maling Chairperson L M Loates R McLeod A Martin...

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

ComplaintNewstalk ZB: Larry Williams Breakfast Show – host said "I don’t want to piss in your pocket" – offensive FindingsPrinciple 1 – colloquialism – context – no uphold This headnote does not form part of the decision. Summary [1] "I don’t want to piss in your pocket" was the phrase used by the host of the Larry Williams Breakfast Show when talking to a guest. The comment was made at about 8. 15am on 18 July 2003 on Newstalk ZB. [2] J H Mahoney complained to The Radio Network Ltd, the broadcaster, that the use of the phrase, especially at that time of the morning, was disgusting. [3] In response, TRN described the phrase as a "widely used colloquialism" which would not have caused major offence to its primary audience aged 35 years and over....

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Lead item on One News – investigative report into alleged pornographer in Gisborne – allegedly in breach of good taste and decency FindingsStandard 1 (Good taste and decency) – item was genuinely newsworthy – strong warning given – news by very nature will often deal with distasteful material – content not offensive – images discreet – not upheld This headnote does not form part of the decision. Broadcast [1]The lead item on One News on 1 August 2004 was a report from Television New Zealand’s investigative team concerning an alleged pornographer in Gisborne. The item alleged that the man was involved in procuring under-age girls for sex and the making of pornography, including through the use of stupefying drugs, and that he lured women into pornography by making false promises and statements....

Complaint Mercy Peak – sexual scenes – offensive – indecent themes – broadcaster not mindful of the impact on teenage viewers FindingsStandard 1 – contextual matters – no upholdStandard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Mercy Peak is a New Zealand drama series. An episode broadcast on TV One at 8. 35pm on Wednesday 25 September 2002 included a sex scene between two characters who were portrayed as having an affair. [2] Anne Shearer complained to Television New Zealand Ltd, the broadcaster, that the sex scene shown and the story-line were offensive. In her view, TVNZ had been irresponsible because it had failed to consider the impact of such themes on teenage viewers. [3] When the broadcaster failed to respond to her formal complaint, Ms Shearer referred it to the Broadcasting Standards Authority under s....

ComplaintRadio Pacific – talkback host described Minister of Health as a chicken and derelict in her duty – offensive and denigrating FindingsPrinciple 1a – contextual matters – no uphold Principle 7a – comments acceptable on talkback – no uphold This headnote does not form part of the decision. Summary [1] The Minister of Health was criticised for not going to Christchurch to try to settle a threatened nurses strike there. The comments were made by the host (Bill Ralston) on the talkback station, Radio Pacific, between 11. 00am–2. 00pm on 30 November 2001. [2] David Stott complained to The RadioWorks Ltd, the broadcaster, that the comments, which included a description of the Minister as a "woof" and "chicken", were insulting, denigrating and in poor taste. [3] As Mr Stott did not receive a response to his complaint, he referred it to the Broadcasting Standards Authority under s....

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....

Complaint Overboard – film – "bitch" – "slut" – inappropriate – offensive language FindingsStandard 1 – not offensive in context – no uphold Standard 9 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary [1] Overboard, a comedy film, was broadcast by TV2 at 6. 30pm on Saturday 21 September 2002. It portrayed an arrogant and spoilt woman who, through a number of incidents, discovered humility and love. The film was rated "G". [2] Mark Bray complained to Television New Zealand Ltd, the broadcaster, that the language used was unacceptable during family viewing hours. He specifically referred to the use of the words "bitch" and "slut". [3] In declining to uphold the complaint TVNZ said, in context, the language did not breach current norms of good taste and decency....

Decision The members of the Authority have viewed a tape of the film complained about and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing. Mulholland Falls, a film about organised crime in Los Angeles, was broadcast on TV2 on 25 October 1999 beginning at 8. 30pm. It followed the adventures of a special police squad which had been set up to destroy gangs. Stuart Maclean complained to TVNZ that the opening sequence, which depicted what he said was the beginning of oral sex, was not of a standard consistent with good taste and decency and was completely unacceptable at 8. 30pm on a channel which purported to be a family channel. TVNZ assessed the complaint under standards G2 and G12 of the Television Code of Broadcasting Practice....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Coronation Street – broadcast during Breakfast – contained brief image of a woman slapping a man’s face – allegedly in breach of good taste and decency, and children’s interests standards FindingsStandard 1 (good taste and decency) – shot of woman slapping a man’s face was very brief – Breakfast was unclassified and targeted at adults – promo unobjectionable in this context – not upheld Standard 9 (children’s interests) – Breakfast was aimed at adults and any children viewing were unlikely to be doing so unsupervised – promo would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Horace in Slow Motion – showed cartoon pig ‘picking his nose and eating it’ – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – typical children’s humour – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] Horace in Slow Motion, a 45-second cartoon about Horace the pig, showed Horace ‘picking his nose and eating it’. The footage was accompanied by audio of children saying, “Ewww, you’re gross, Horace. ” The short programme was classified G (General) and broadcast at 5pm on Tuesday 18 June 2013 on TV2. [2] Jason Walker made a formal complaint to Television New Zealand Ltd, the broadcaster, alleging that it was “unacceptable [in] today’s society to pick you[r] nose and eat it”....

Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

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. ] During The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip, and used live bait to catch marlin. The Authority did not uphold the complaint that the practice of live baiting was cruel and breached standards. The footage was not unexpected in a fishing programme, and the complainant’s concerns relate more to the programme genre in general, and personal lifestyle preferences, which are not a matter of broadcasting standards. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Violence Introduction [1] During an episode of The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip. The host and crew used live bait to catch marlin, a traditional method used in Mexico....

Download a PDF of Decision No. 1992-066:...