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Lord and Television New Zealand Ltd - 1998-083
1998-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-083 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Geddes and Television New Zealand Ltd - 1999-224
1999-224

Summary A representative of the Airline Pilots’ Association was interviewed on Holmes, broadcast at 7. 00pm on TV One on 2 September 1999, in connection with a strike by Ansett pilots. Mr Geddes complained to Television New Zealand Ltd, the broadcaster, that the interview was biased, unbalanced and actively denigrated pilots involved in the dispute. He said he was appalled at the rudeness of the interviewer and his unprofessional, discourteous behaviour. TVNZ conceded that the interview could be described as "robust" but did not agree that it was rude or biased. The pilots’ representative was given full opportunity to respond on their behalf, it argued. It explained that, as management had declined to appear, balance was achieved by the presenter adopting a "devil’s advocate" position in order to prevent the item from becoming a chronicle of viewpoints from the Pilots’ Association....

Decisions
Waites and TV3 Network Services Ltd - 2000-193
2000-193

ComplaintAmerican Commandos – documentary about training of Green Beret soldiers – young woman "assassinated" in training exercise – unsuitable for children – unnecessarily graphic – broadcast prior to rugby matchFindingsStandard G2 – in context of soldier training – no uphold Standard G12 – broadcast prior to important rugby match – when viewed out of context, unsuitable for children – majority uphold Standard V8 – no uphold Standard V12 – not violent or distressing as contemplated by the standard – no uphold Standard V16 – not applicable – no uphold Standard V17 – not gratuitous – no uphold This headnote does not form part of the decision. Summary A documentary entitled American Commandos was broadcast on TV3 on 5 August 2000 beginning at 2. 30pm. Soldiers training to be "Green Berets" were shown completing a number of exercises, including urban warfare training and hand-to-hand combat....

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
James and TVWorks Ltd - 2009-127
2009-127

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade – contained footage of bare-breasted women – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – footage was fleeting and taken from a distance – not salacious – preceded by a warning – contextual factors – not upheld Standard 9 (children’s interests) – contained warning to advise parents – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on Wednesday 23 September 2009, reported on the “Boobs on Bikes” parade in Auckland....

Decisions
Shenken and The Radio Network Ltd - 2004-071
2004-071

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – Israeli Prime Minister described as the “butcher Sharon” – allegedly offensive, unbalanced, unfair and incited racial disharmonyFindings Principle 1 (good taste and decency) – editorial context – not upheld Principle 4 (balance) – does not apply to opinion pieces – not upheld Principle 5 (unfair) – acceptable opinion – not upheld Principle 7 and Guideline 7a (encouraged discrimination) – not racial epithet – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 7. 45am on 23 March 2004, the host of Paul Holmes Breakfast on Newstalk ZB, Paul Holmes, commented about the killing by the Israelis of Hamas leader Sheikh Ahmed Yassin. Among other critical remarks, the host described the Prime Minister of Israel as “the butcher Sharon”....

Decisions
Bennett and Television New Zealand Ltd - 2003-069
2003-069

ComplaintMercury Lane – promo – reference to pubic hair – broadcast during Son of God on Good Friday at 10. 30am – offensive – unsuitable for children FindingsStandard 1 – spoken not visual reference – context – no uphold Standard 9 – children not unfamiliar with nudity – no uphold This headnote does not form part of the decision. Summary [1] A question to an artist about the public reaction to the portrayal of pubic hair was included in a promo for Mercury Lane, a programme about the arts. The promo was broadcast at about 10. 30am on Good Friday during the screening of the documentary Son of God, which reported the results of a scientific examination into issues raised about Jesus Christ. [2] Carole Bennett complained that the broadcast of the promo, during family viewing time, was disgusting....

Decisions
Smits and Television New Zealand Ltd - 2002-004
2002-004

ComplaintSpace – music video – Massive Attack – focused on stripper – full frontal nudity – offensive behaviour FindingsStandard G2 – acceptable in context – no uphold This headnote does not form part of the decision. Summary [1] A music video by the band Massive Attack was included as the final item on Space broadcast on TV2 on Friday 17 October 2001, between 10. 30 and midnight. The video showed a stripper going through her routine and finishing with full frontal nudity. Space is a magazine programme containing live music, music videos, and other multi-media events. [2] Mr Smits complained to Television New Zealand Limited, the broadcaster, that the strip routine containing full frontal nudity was offensively gratuitous, and in breach of the standards relating to taste and decency....

Decisions
Hill & Knowlton (NZ) Ltd and Television New Zealand Ltd - 2001-027
2001-027

ComplaintHavoc and Newsboy’s Sell Out Tour 2 – allegations about public relations companies – offensive language – inaccurate – unbalanced, biased and unfair FindingsStandard G1 – subsumed Standard G2 – no uphold Standard G4 – serious allegations made – no acknowledgment that they were contestable – uphold Standard G6 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary A sequence broadcast during the satirical programme Havoc and Newsboy’s Sell Out Tour 2 on TV2 on 15 August 2000 beginning at 9. 30pm, contained an interview with political activist Nicky Hagar. Mr Hagar made a number of claims about the public relations industry. Among references to various public relations companies, Mr Hagar named Hill & Knowlton, an international company operating in New Zealand, as being responsible for putting a favourable spin on America’s involvement in the Gulf War....

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?...

Decisions
Simmons and Walker-Simmons and RadioWorks Ltd - 2012-004
2012-004

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

Decisions
EP and Television New Zealand Ltd - 2014-038
2014-038

Summary [This summary does not form part of the decision. ]An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s InterestsIntroduction[1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour. The complainant took part in re-enactments and both neighbours were interviewed....

Decisions
Wade and Discovery NZ Ltd - 2022-018 (11 April 2022)
2022-018

The Authority has not upheld a complaint about a joke made during the studio introduction to a report on a fire at The Great Western Racecourse in Victoria, Australia. The complainant alleged the comment ‘Well, the hottest tip in horse racing in Australia yesterday was “save your car from the flames” and it wasn't the name of a horse’ was mocking and in poor taste. The Authority found as the item itself was serious, no people or animals were hurt and the joke did not directly mock fire or property damage, it did not breach the good taste and decency standard. Not Upheld: Good Taste and Decency...

Decisions
Pieruschka and TVWorks Ltd - 2010-158
2010-158

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sons of Anarchy – fictional drama about outlaw motorcycle gang – allegedly in breach of good taste and decency and law and order standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – fictional adult drama did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Sons of Anarchy was broadcast on TV3 at 9. 30pm on Wednesday 10 November 2010. The drama series revolved around the lives of members of a close-knit outlaw motorcycle gang, and their various rivals and associates....

Decisions
Keam and Television New Zealand Ltd - 2017-090 (15 December 2017)
2017-090

Summary [This summary does not form part of the decision. ]During the 1 News Vote 17 Leaders Debate, moderator Mike Hosking questioned Bill English about a damaged fuel pipeline in Auckland that caused disruption to flight services, using the phrase ‘for God’s sake’. The Authority did not uphold a complaint that Mr Hosking’s use of this phrase was blasphemous and offensive. The Authority has consistently found that variations of ‘God’, ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations and in this case, Mr Hosking used the phrase to express his own, and voters’, frustration at the Government’s management of the fuel crisis. In these circumstances, the Authority found that the alleged harm did not outweigh the important right to freedom of expression, particularly in the lead up to a general election....

Decisions
Rosa and TV3 Network Services Ltd - 1992-029
1992-029

Download a PDF of Decision No. 1992-029:Rosa and TV3 Network Services Ltd - 1992-029 PDF293. 58 KB...

Decisions
McKay and Television New Zealand Ltd - 1991-028
1991-028

Download a PDF of Decision No. 1991-028:McKay and Television New Zealand Ltd - 1991-028 PDF318. 05 KB...

Decisions
BP Oil New Zealand Limited and CanWest RadioWorks Ltd - 2005-131
2005-131

Complaint under section 8(1)(a) of the Broadcasting Act 1989Devlin Live – discussion of a press release from BP Oil explaining prices – allegedly unfair and in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – context – not upheldPrinciple 5 (fairness) – BP Communications Manager not personally attacked – not unfair – not unfair to criticise BP’s policy on fuel prices – not upheldThis headnote does not form part of the decision. Broadcast[1] On Wednesday 7 September 2005, at around 8. 45am, the host of the Radio Live breakfast show Devlin Live, Martin Devlin, made a number of critical comments about a press release from BP Oil concerning petrol prices. The host referred to the press release as “PR BS” (public relations bullshit), and offered his view that BP Oil were trying to “screw” and “root” consumers....

Decisions
Garland and Television New Zealand Ltd - 2007-047
2007-047

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – interviewee compared playing old songs to having sex and an orgasm – allegedly in breach of good taste and decency and children’s interests standards. Findings Standard 1 (good taste and decency) – comparison was delivered in a straightforward and low-key manner – contextual factors – not upheld Standard 9 (children’s interests) – item was mild and light-hearted in nature – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Close Up, broadcast on TV One at 7pm on 5 April 2007, showed an interview with Ray Manzarek, a former member of the rock group “The Doors”. [2] Towards the end of the interview, Mr Manzarek was asked if he ever got tired of playing the same songs. Mr Manzarek replied: Are you sick and tired of having sex?...

Decisions
Hadfield and Television New Zealand Ltd - 2008-106
2008-106

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Game of Two Halves – included woman whipping a man’s partially bare buttocks – allegedly in breach of good taste and decency and violence standards Findings Standard 1 (good taste and decency) and Standard 10 (violence) – segment was distasteful and gratuitous but upholding complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld This headnote does not form part of the decision. Broadcast [1] Game of Two Halves, a sports quiz show featuring two teams of various sporting personalities, screened on TV One at 9. 45pm on 1 August 2008. The teams were captained by sporting personalities Marc Ellis and Matthew Ridge. [2] At the end of the episode, the captain of the losing team had to undergo what was called the “Studio Forfeit”, in which the opposing team inflicted light-hearted punishment....

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