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Maharey and Television New Zealand Limited - 2021-040 (21 July 2021)
2021-040

The Authority has not upheld a complaint a Sunday feature about sexually explicit social media sites breached the good taste and decency and children’s interests standards. In the context, particularly noting the public interest value of the feature, audience expectations, and nature of the programme, the Authority considered the broadcast was unlikely to cause widespread undue offence, or undermine widely shared community standards. The Authority found the content did not go beyond what the audience could reasonably expect of the programme, and the introduction was sufficient to signpost the type of content to be expected. Not Upheld: Good Taste and Decency and Children’s Interests...

Decisions
Johnston and NZME Radio Ltd - 2021-076 (15 September 2021)
2021-076

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that action taken by NZME was insufficient, after it upheld a complaint about language used in an interview on The Nutters Club. The interviewee told his story of overcoming drug addiction and offending, and now working to help others do the same. After saying, ‘Excuse all my language I use, too, it will get a little bit worse, it’s just how it is when you remember’, the interviewee used the words ‘fuck’, ‘shit’, and ‘arse’ (and variations of these) repeatedly. The Authority determined it would not have found a breach of the standards in the first instance, in the context of the broadcast....

Decisions
Noble and Television New Zealand Ltd - 2014-030
2014-030

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....

Decisions
Murray and Television New Zealand Ltd - 2015-041
2015-041

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'....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-017 (21 May 2018)
2018-017

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Decisions
Hepworth and Television New Zealand Ltd - 1995-075
1995-075

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 75/95 Dated the 31st day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GUY HEPWORTH of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
S and Radio Pacific Ltd - 1996-003
1996-003

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-003 Dated the 18th day of January 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by COMPLAINANT S of Cambridge Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Gendall and Television New Zealand Ltd - 1998-073
1998-073

Summary A psychic involved in a private search for two missing Blenheim friends in the Marlborough Sounds expounded her theory on how they had died in an item on One Network News broadcast on TV One on 10 April 1998 between 6. 00–7. 00pm. Ms Gendall complained to Television New Zealand Ltd, the broadcaster, that it was offensive and unnecessarily distressing to the families to have the psychic offer her "grisly conclusions" as to how they had died. She also considered that the credibility of the psychic should have been questioned. The comment, she observed, had not been included in the later evening news bulletin. TVNZ responded that it was justified in reporting the psychic’s search, particularly as both of the families had been involved in the search....

Decisions
Harang and Television New Zealand Ltd - 1999-109
1999-109

Summary A news item on One Network News featured a New Zealand make-up artist, who specialised in painting naked bodies in all-over body paint. She was shown painting a female model for an assignment. An outline of the model’s breasts could be seen through the body paint. The item was broadcast on TV One on 26 April 1999, commencing at 6. 00 pm. Kristian Harang complained to Television New Zealand Limited, the broadcaster, that it was offensive to show a naked woman’s breast, and the item would give young people the impression that it was okay to be half naked in public. TVNZ said that the item was not prurient, it was discreetly shot and cleverly demonstrated how the body-painting process provided an effective covering for the model. It declined to uphold the complaint....

Decisions
Hope and Radio New Zealand Ltd - 1995-016
1995-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/95 Dated the 6th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HOPE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Crouch and Radio New Zealand Ltd - 1998-155
1998-155

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....

Decisions
Berney and CanWest TVWorks Ltd - 2005-128
2005-128

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

Decisions
Atkins and Television New Zealand Ltd - 2007-066
2007-066

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

Decisions
Angus and TVWorks Ltd - 2009-009
2009-009

Tapu Misa declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – report on the Boobs on Bikes parade in Wellington – contained footage of bare-breasted women – allegedly in breach of good taste and decency, programme classification and children’s interestsFindings Standard 1 (good taste and decency) – footage of bare breasts was not salacious – contextual factors – not upheldStandard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheldStandard 7 (programme classification) – standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast[1] An item on 3 News, broadcast on TV3 at 6pm on 7 November 2008, reported on the "Boobs on Bikes" parade promoting the Erotica exhibition that took place in Wellington....

Decisions
Paranjape and Radio New Zealand Ltd - 2010-069
2010-069

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about Russia’s proposal to use a controlled nuclear explosion to contain an oil leak in the Gulf of Mexico – comment from expert from Auckland University – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – standard primarily concerned with sexual or violent material or coarse language – broadcast not likely to have offended listeners – not upheld Standard 7 (discrimination and denigration) – light-hearted discussion – insufficient invective to encourage discrimination against or denigration of Russians as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] At 4....

Decisions
Yeoman and Television New Zealand Ltd - 2008-087
2008-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on the England rugby team’s tour of New Zealand – correspondent made disparaging remarks about the efforts of the English team – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – standard not primarily aimed at the type of material complained about – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Sunday 22 June 2008, presented a round-up of the English rugby team’s tour of New Zealand. The item began with a One News rugby correspondent detailing which members of the New Zealand rugby team had been injured during the tour and the problems the team was facing....

Decisions
McDonald and Television New Zealand Ltd - 2005-003
2005-003

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up at 7 item – item on “schoolies” week in Queensland, Australia – item included scenes of alcohol consumption, “mooning” and partying – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – item was newsworthy – mildly offensive conduct in this context did not amount to a breach of the standard – Not upheldThis headnote does not form part of the decision. Broadcast [1] An item on Close Up at 7, shown on TV One at 7pm on 6 December 2004, reported on “schoolies” week in Queensland, and showed newly graduated high school students gathering at beach resorts on the Gold Coast for a week of celebrations. Complaint [2] Donald McDonald complained to Television New Zealand Ltd, the broadcaster, that the item had breached broadcasting standards....

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
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
Preston and Television New Zealand Ltd - 2012-022
2012-022

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Last House on the Left – horror movie contained scene which showed the violent rape of a young teenage girl – allegedly in breach of good taste and decency and violence standards FindingsStandard 1 (good taste and decency) – rape scene was justified by the movie’s “external” and “narrative” context – viewers were provided with sufficient information to regulate their own viewing behaviour – not upheld Standard 10 (violence) – contextual factors – rape scene was not gratuitous or designed to titillate – explicit warning for graphic and sexual violence – broadcaster exercised sufficient care and discretion when dealing with the issue of violence – not upheld This headnote does not form part of the decision. Introduction [1] The Last House on the Left, a remake of a 1972 horror movie by Wes Craven, was broadcast on TV2 at 10....

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