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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-001 Dated the 23rd day January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS 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: 1997-119 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUZANNE MORTON AND DAVID GORDON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

ComplaintStrassman – ventriloquist – offensive language – fucking FindingsStandard G2 – AO – warning – context relevant – freedom of expression – limitations must be justifiable – no uphold This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 4 July 2000 used the phrase "I wish you had a fucking brain" when he spoke to one of his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the broadcast of "gratuitous offensive language" contravened the Broadcasting Act's requirement for broadcasters to maintain standards consistent with good taste and decency. TVNZ responded that Strassman was an adult comedy programme broadcast at 9. 30pm which carried an AO certificate and was preceded by a warning advising that it contained strong language. In that context, it did not consider that the language breached standard G2....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Q+A – panel discussion about immigration policy in New Zealand – one panellist stated that meeting immigration criteria was not an easy process and included a test for syphilis – host responded “How did the test turn out? I’m sorry! ” – allegedly in breach of good taste and decency, privacy and children’s interests FindingsStandard 1 (good taste and decency) – question was light-hearted and intended to be humorous – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 9 (children’s interests) – unaccompanied children unlikely to watch news programmes – host’s question would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Breakfast – one host made anti-Australian and anti-French remarks – allegedly in breach of good taste and decency and denigratory to the French. FindingsStandard 1 (good taste and decency) – denigration of French was essence of complaint – subsumed under Standard 6Standard 6 and guideline 6g (denigration) – high threshold for denigration not met – not upheldThis headnote does not form part of the decision. Broadcast [1] Breakfast is a news and magazine programme broadcast each weekday on TV One between 7. 00–9. 00am. On 17 July 2006, the hosts were involved in a light-hearted discussion about the marketing of New Zealand and lower-priced Chilean wine in some stores in Australia, when one of the hosts asked viewers: “Don’t you just hate Australians? ” He said that he did so, and added: “It used to be the French”....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – priest accidentally removed “Pope’s” head and sewed it back on – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – balance not required – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheldThis headnote does not form part of the decision. Broadcast [1] An animated comedy series called Popetown centred around Father Nicholas, an idealistic young priest who lives in a fictional Vatican City (called Popetown) with a group of corrupt cardinals and a pogo-stick riding infantile Pope....

ComplaintHow’s Life? – one panellist said to have encouraged people aged 13–14 years to have sex and to ignore parents and the law – complaint that comments offensive and unfair to children. Findings Panellist said questioners were responsible in seeking advice – did not encourage lawbreaking – suggested seeking parental advice – other panellists said that questioners should not have sex Standard 1 – not upheld Standard 2 – not upheld Standard 9 – not upheldThis headnote does not form part of the decision Summary [1] How’s Life? , which was broadcast each weekday on TV One at 5. 30pm and repeated at 9. 00 the following morning, featured a panel of local celebrities who answered questions about human relationships submitted by viewers. The programme broadcast at 9. 00am on 29 September 2003 considered a question from two young teenagers who asked whether they should have sex....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

ComplaintPromo for Always Greener – bare buttocks masked by a "smiley face" – indecent – harmful to children FindingsStandard 1 and Guideline 1a – masking device not offensive – no uphold Standard 9 and Guideline 9a – not harmful to child viewers – no uphold This headnote does not form part of the decision Summary [1] A promo for Always Greener was broadcast on TV One at various times on 2 February 2003. A "smiley face" was used to cover the bare buttocks of a male character. [2] John Lowe complained to Television New Zealand Ltd, the broadcaster, that masking the human form in this manner was offensive and harmful to children. [3] In response, TVNZ said the "smiley face" was attached so that the promo could be shown at any time. It declined to uphold the complaint that the masking breached broadcasting standards....

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....

ComplaintStepping Out – Documentary New Zealand – documentary about young urban Maori on hikoi in Far North – use of "fuck" and its derivatives – offensive language FindingsStandard G2 – AO – warning – language used minimally – appropriate in context – no uphold This headnote does not form part of the decision. Summary Documentary New Zealand: Stepping Out was broadcast on TV One at 8. 30pm on 9 October 2000. It followed six young urban Maori as they traced on foot a route taken by their ancestor Tohe down the west coast of the Far North. During the documentary, the words "fuck" and its derivatives were used on several occasions. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, about the use of such "grossly offensive language"....

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – assessment of context required by standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits bordered on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 5 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Grant Nesdale complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He argued that television should "upgrade" values, rather than denigrate them. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It also said that television’s role was to reflect society’s values....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Afternoons with Jim Mora – discussed New Zealand First’s decision to drop a candidate for drinking his own urine – panellist commented that Don Brash and John Banks “drink each other’s urine” – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and responsible programming Findings Standard 1 (good taste and decency) – comment puerile, but not so offensive as to breach Standard 1 – would not have offended or distressed most listeners – contextual factors – not upheld Standard 6 (fairness) – comment did not carry any invective – was not unfair to Don Brash or John Banks – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – item reported on Labour MP Shane Jones throwing a “Lazarus party” to mark his return to the front bench – presenter commented, “Leaving aside anything about resurrections and dodgy movies in hotels, Shane Jones is actually known for referring to himself in the third person” – presenter’s comment allegedly in breach of good taste and decency, and discrimination and denigration standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration) – presenter did not make any reference to Christ and nothing in the broadcast would have offended or distressed viewers, or encouraged discrimination or denigration against Christians as a section of the community – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing and brief sexual innuendo. The Authority did not uphold a complaint that it was inappropriate to screen such an ‘overtly sexual’ promo during a children’s movie. The promo included low-level sexual innuendo which was unlikely to be understood by younger viewers, and unlikely to disturb or offend most viewers in the context of the PGR host programme. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] A promo for Step Dave, broadcast during The Lion, the Witch and the Wardrobe, showed two female characters kissing. One of the women said, referring to the two of them and the other woman’s boyfriend, ‘I think the three of us could have fun’....

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with a Swedish historian and author. During the interview, the presenter allegedly quoted former Finance Minister, Sir Roger Douglas. At the end of the item, the presenter also read out negative and critical comments from listeners about the interview. The Authority did not uphold a complaint that the presenter’s statement, allegedly attributed to Sir Roger Douglas, was inaccurate, and that reading out the comments received was offensive. The statement was not a material point of fact in the context of the item and would not have affected listeners’ understanding of the item as a whole, which was focused on the views and work of the interviewee. Further, listeners were unlikely to have understood the statement to be a direct quote from the former Finance Minister, and would not have been misled....

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview between presenter Kim Hill and a seismologist from GNS Science, following a 4. 3-magnitude earthquake the previous night. At the beginning of the interview, during a discussion of the seismologist’s initial reaction to the earthquake, Ms Hill said, ‘WTF’. The Authority did not uphold a complaint that the use of the term ‘WTF’ in this broadcast was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of RNZ and Kim Hill, and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘WTF’ did not threaten community norms of taste and decency, or justify restricting the right to freedom of expression....

Summary[This summary does not form part of the decision. ]The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed....