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McKay and Television New Zealand Ltd - 1998-031
1998-031

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-031 Dated the 26th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GORDON McKAY of Howick Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
O'Brien and TV3 Network Services Ltd - 1998-090, 1998-091
1998-090–091

Summary A promo for South Park contained a "news update" in which police had asked, "If you see this little eight year old boy, kill him and immediately burn his body". The promo was broadcast at 9. 40 pm and 10. 15 pm on TV4 on 5 April 1998. An episode of South Park broadcast on TV4 on 6 April at 9. 30 pm contained fart and diarrhoea jokes. Ms O’Brien complained to the broadcaster, TV3 Network Services Limited, that the promo incited violence and murder of children, failed to maintain law and order, failed to observe good taste and decency, and discriminated against a young boy. She also complained that puerile descriptions of faeces and related bodily functions were not comedy, and the episode was in breach of good taste and decency....

Decisions
Henderson and Television New Zealand Ltd - 1999-078, 1999-079
1999-078–79

SummaryPromos for Catherine the Great were shown prior to its broadcast on 7 February 1999 beginning at 8. 30pm. The promos contained some nudity and sex scenes, as did the programme itself. Boyd Henderson of Oxford complained to Television New Zealand Ltd, through the Broadcasting Standards Authority, that the sex scenes in the trailers and the programme itself breached the good taste and decency standard. As a general observation, he also complained that the broadcaster failed to provide warnings as to the explicit content of programmes and promos. Many New Zealanders, he said, were like him and objected to watching such material. As TVNZ failed to respond to Mr Henderson’s complaint, he referred it to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
O'Neill and TVWorks Ltd - 2009-042
2009-042

Complaint under section 8(1C) of the Broadcasting Act 19893 News – item reported that nine SOEs had paid bonuses to staff in 2008 – two SOEs had not responded to Official Information Act requests from the broadcaster – showed reporter at Ombudsman's office handing over a complaint about the lack of response – allegedly in breach of good taste and decency, law and order, balance, accuracy and fairness standards Findings Standard 1 (good taste and decency), Standard 2 (law and order), Standard 4 (balance) and Standard 5 (accuracy) – not applicable – not upheld Standard 6 (fairness) – no evidence of unfair pressure being placed on Office of the Ombudsman – not upheld This headnote does not form part of the decision....

Decisions
Bennett and Television New Zealand Ltd - 2008-015
2008-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

Decisions
Dickson and Television New Zealand Ltd - 2008-090
2008-090

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News: Midday – item reported on an American survey that found women are attracted to men with anti-social traits – included footage from the movie Ghost Rider that showed a figure standing in a leather jacket with a burning skull for a head while the song “Bad to the Bone” played in the background – allegedly in breach of good taste and decency and violence Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – subsumed under Standard 1 This headnote does not form part of the decision. Broadcast [1] An item on One News: Midday, broadcast on TV One at 12pm on Thursday 19 June 2008, reported on the findings of an American university survey that women found men with anti-social personality traits more attractive....

Decisions
Francis and Television New Zealand Ltd - 2006-010
2006-010

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Gathering Storm – use of obscene language in a PGR classified film – allegedly in breach of good taste and decency and programme classificationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning not necessary – not upheldThis headnote does not form part of the decision. Broadcast [1] The Gathering Storm screened on TV One at 9. 15pm on 7 January 2006. It was a dramatised documentary about the life of Winston Churchill during the period between the two world wars. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that despite the programme being rated PGR, it contained objectionable language, and no warning had been given....

Decisions
Porter and Television New Zealand Ltd - 2004-025
2004-025

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....

Decisions
Henderson and CanWest TVWorks Ltd - 2004-173
2004-173

Sex and the City – two promos shown on TV3 – promo one showed marijuana use – broadcast at 1. 20pm on Saturday – promo two showed couple apparently engaged in sexual intercourse – broadcast at 1. 00pm on Friday – both allegedly breached standards relating to good taste and decency, maintenance of law and order, classification and children’s interests....

Decisions
Grenfell and Radio New Zealand Ltd - 2003-009
2003-009

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

Decisions
Harang and Television New Zealand Ltd - 2013-073
2013-073

Summary [This summary does not form part of the decision. ]A One News item reported on controversy surrounding a performance by female artist Miley Cyrus at the ‘2013 MTV Video Music Awards’ where she engaged in a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was offensive to broadcast during prime time family viewing. The footage was provocative and challenging, but was relevant as it illustrated for viewers why the performance had attracted worldwide publicity. Earlier coverage and the presenter’s introduction signposted the likely content and gave viewers an opportunity to exercise discretion. The item did not threaten standards of good taste and decency in the context of an unclassified news programme targeted at adults....

Decisions
Harang and Television New Zealand Ltd - 2000-047
2000-047

Complaint One News – offensive behaviour – scantily-clad woman – unsuitable for children FindingsStandard G2 – brief footage – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary A charity hair dressing event was the subject of an item on One News broadcast on TV One on 6 February. The item included a brief shot of a woman dancer who was one of the entertainers at the event. Kristian Harang complained to Television New Zealand Ltd that it was offensive to show the scantily-clad woman’s "naked backside" in prime family viewing time. He considered that many children watching would have been led to believe it was normal to be naked in public. In its response, TVNZ pointed out that the woman was not naked but was wearing a thong....

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
Urry and Television New Zealand Ltd - 2001-098
2001-098

ComplaintSpin City – offensive behaviour – homosexual activity – unsuitable for children FindingsStandard G2 – not offensive – no uphold Standard G12 – jokes involving homosexuality not intrinsically unsuitable for children – no uphold This headnote does not form part of the decision. Summary In an episode of Spin City, the main character discovered that a friend of his was gay. The programme featured the attraction between the friend and another gay man. It was broadcast on TV2 at 6. 30pm on 20 April 2001. Janice Urry complained to the broadcaster, Television New Zealand Ltd, that the broadcast included "situations of a distinctly homosexual nature" and "homosexual intercourse". She described the material as "disgusting", "degrading" and unsuitable for broadcast to children. TVNZ maintained that homosexuality was not a subject which should be forbidden when children were watching television....

Decisions
Clements and Radio New Zealand Ltd - 1992-032
1992-032

Download a PDF of Decision No. 1992-032:Clements and Radio New Zealand Ltd - 1992-032 PDF331. 3 KB...

Decisions
Djurdjevic and MediaWorks TV Ltd - 2016-004 (15 September 2016)
2016-004

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

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....

Decisions
Six Complainants and Television New Zealand Ltd - 2018-010 (22 May 2018)
2018-010

Summary[This summary does not form part of the decision. ] Three episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9. 30pm on Friday 10, 17 and 24 November 2017. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Six complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme denigrated, or was discriminatory towards, both participants and viewers, and was broadcast at a time on a weekend night when children were likely to be watching....

Decisions
O'Brien and MediaWorks TV Ltd - 2016-001 (4 May 2016)
2016-001

Summary[This summary does not form part of the decision. ]A promo for Paul Henry, broadcast during 3 News, featured a photo of an alleged terrorist and host Paul Henry joking about the type of dialogue that would occur between members of a terrorist group. The Authority did not uphold a complaint alleging that this promo was highly offensive ‘so soon after the Paris terrorist attacks’ and breached the controversial issues standard. The promo did not explicitly mention the Paris terrorist attacks, was apparently intended to be humorous (as the hosts were all shown laughing) and was consistent with expectations of the host programme. The promo also did not amount to a discussion of a controversial issue which triggered the requirement to provide balance. Not Upheld: Good Taste and Decency, Controversial IssuesIntroduction[1] A promo for Paul Henry, broadcast during 3 News, showed a photo of an apparent terrorist....

Decisions
Ironside and MediaWorks TV Ltd - 2014-113
2014-113

Summary [This summary does not form part of the decision. ] The host of The Paul Henry Show used the words ‘Jesus’ and ‘Jesus Christ’ several times to express frustration. The Authority did not uphold the complaint that this was unacceptable. Not Upheld: Good Taste and Decency Introduction [1] During an episode of The Paul Henry Show, the host used the terms ‘Jesus’ and ‘Jesus Christ’ several times to express his frustration at the show’s later airing time that evening and in regards to taking part in a Woman’s Day photo shoot with his co-host. [2] Mrs M C Ironside complained that the use of ‘Jesus’ and ‘Jesus Christ’ was unacceptable and deeply offensive. [3] The issue is whether the item breached the good taste and decency standard of the Free-to-Air Television Code of Broadcasting Practice. [4] The broadcast took place at 10....

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