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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-081 Decision No: 1998-082 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A R MORETON of Auckland and ROBERT MENZIES of Picton RADIO NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryA BBC documentary entitled Ladies Night screened during Under Investigation on TV2 at 8. 30pm on 16 June 1998. The documentary concerned a male strip revue in the Welsh city of Swansea. Ms Wendy Atkinson complained to Television New Zealand Ltd that the documentary breached standards of good taste, and was entirely unsuitable for children and teenagers. TVNZ responded that the documentary was classified AO, had screened in an AO timeband, and that the introduction would have alerted viewers to the adult nature of the programme thus giving them the opportunity to decide not to watch. Dissatisfied with TVNZ’s decision, Ms Atkinson referred the 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. DecisionThe members of the Authority have viewed the item complained about and have read the correspondence (summarised in the Appendix)....

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

SummaryA trailer for the AO-classified programme Water Rats was shown during the PGR-classified programme Party of Five at about 8. 03 pm on TV2 on 17 November 1998. Mrs Barker complained to Television New Zealand Limited, the broadcaster, that the trailer showed a couple in bed, clearly naked and kissing. There was a clear inference that they were having sex, she contended. Given the time of broadcast, the behaviour shown was distressing, she wrote, and was best kept to private bedrooms. The trailer also did not show acceptable behaviour for the time band within which it was screened, Mrs Barker said. TVNZ responded that the scene in the trailer was very brief, contained no frontal nudity and only implied sexual activity. It had screened during a programme which contained references to sexual activity, and in context it was not unsuitable viewing for children under the guidance of an adult....

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

Summary The forthcoming wedding of Sophie Rhys Jones and Prince Edward was discussed on Saturday morning 19 June 1999 by the presenter of Newstalk ZB (Pam Corkery) and a British Correspondent. To the correspondent’s comment that the colour of the wedding dress was coffee, the presenter remarked: "What a slut". Ms Bristow complained to The Radio Network Ltd, the broadcaster, that the remark was offensive and inappropriate. In response, TRN maintained that the vernacular and colloquial language was acceptable when used by a presenter who was well-known for her colourful language. It declined to uphold her complaint. Dissatisfied with TRN’s decision, Ms Bristow 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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-170 Decision No: 1966-171 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ANNE BAKER (2) of Whangarei Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

ComplaintHolmes – footage of English coach’s half-time speech – offensive language – unsuitable for childrenFindings(1) Standard G2 – use of language not endorsed – no uphold (2) Standard G12 – no uphold This headnote does not form part of the decision. Summary Footage from a soccer coach’s half-time speech to players which contained strong language was broadcast on Holmes on TV One on 27 April 2000 beginning at 7. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the footage contained repeated and gratuitous offensive language. He contended that the item was offensive and unsuitable for children. TVNZ responded that the item was linked to new research findings that such angry motivational speeches did not assist performance, and maintained that the item was of topical interest....

Summary A repeat broadcast of an ICE TV programme was screened on TV3 on 17 July 1999, commencing at 9. 35am. ICE TV is a programme aimed at teenagers containing some humorous and informative material. O Blackburn complained to TV3 Network Services Limited, the broadcaster, that the programme contained language and nudity that was "unsuitable". TV3 responded that the programme was screened in PGR time and the nudity and language used were appropriate in that context. It contended that the nudity in the programme was not offensive. It said that the shots where the male presenters’ buttocks were visible were part of a comedic routine. It added that no genitalia or breasts were shown. As for the language, it stated it had "beeped" or removed words it considered offensive. TV3 declined to uphold the complaint....

SummaryThe film Eyes Wide Shut was the subject of an item broadcast on Holmes on TV One on 29 July 1999, commencing at 7. 00 pm. Trailers for the programme were shown earlier on the same day. Mr Walker and Mrs Siew complained to Television New Zealand Limited, the broadcaster, that the scenes of lovemaking and nakedness were unsuitable for television viewing, particularly at a time when children would be watching. The film had been devised to be pornographic and had been given an R18 film rating, Mr Walker wrote, but he was not aware that any warning was given by the broadcaster before the scenes were shown on television. The explicit sexual material was also unacceptable for the time band during which the trailer for the programme was placed, Mrs Siew wrote....

Summary An episode of Hollywood Sex, a two-part series dealing with the sex industry in Hollywood, was broadcast on TV2 on 2 September 1999 beginning at 9. 30pm. Rosemary McElroy, on behalf of Women Against Pornography, complained to Television New Zealand Ltd, the broadcaster, that in spite of the warning preceding the programme, the average adult viewer would not have expected what she described as the degree of "pornographic" content which it contained. She contended that the programme breached accepted norms of good taste and decency, and cited several examples of what she considered to be objectionable material. TVNZ noted that various aspects of the sex industry had been depicted, and that the emphasis had been on the curious and grotesque. While the nature of the sexual activity discussed had been indicated, there had been no scenes of sexual intercourse or any full frontal nudity, it observed....

Summary Evidence from the trial of the men accused of murdering Beverley Bouma was reported in a One Network News item. The item included an extract from the prosecuting lawyer’s description of how the killing occurred. It was broadcast on TV One, at 6. 00pm on 11 October 1999. Mr Gribble complained to Television New Zealand Ltd, the broadcaster, that the detailed description in the item was not suitable to include in a 6. 00pm news programme, as that was a time during which children could be watching television. TVNZ responded that, while its news editors were always mindful of the child audience that might watch news programmes, those programmes necessarily carry unpleasant content where that content is relevant and important....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – host discussed “tweet” on social networking website Twitter by rapper Lil Wayne – host said, “His tweet was quite interesting. He said, ‘I busted my fuggin’ head at skate park’” – allegedly in breach of good taste and decency and children’s interests standardsFindingsStandard 1 (good taste and decency) – host clearly said “fuggin’” – “fuggin’” not offensive in its own right – contextual factors – not upheldThis headnote does not form part of the decision. Introduction[1] At approximately 5. 30pm on More FM on 23 August 2011, the radio host was discussing interesting “tweets” by celebrities on the social networking website Twitter. He said: Lil Wayne, he fell off his skateboard, smashed him in the face, he got nine stitches. His tweet was quite interesting....

ComplaintChannel Z – competition about method of waking up another person – broadcast of male competitor who apparently woke female flatmate with her vibrator – serious criminal offence – offensive behaviourFindingsPrinciple 1 – offensive behaviour described – telephone call recorded – tape reviewed and approved for broadcast – serious error of judgment – upholdOrderBroadcast of approved statement Costs of $2,000 to CrownThis headnote does not form part of the decision. Summary[1] Novel ways of waking a person up were the subject of a competition run on Channel Z. At about 7. 30am on 14 December 2001, Channel Z broadcast a tape of a male competitor waking up a female flatmate in her bedroom by using her vibrator. The broadcast included her invective directed at the competitor when she awoke....

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....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host referred to comments by chief executive of the EMA that female workers are less productive because they take sick leave when they are menstruating – host said, “In other words, when a woman is on her rags, she calls in crook to work” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – while comment would have offended some listeners, the phrase was colloquial and referring to menstruation which is not in itself derogatory – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] At approximately 9. 30pm during a talkback programme on Newstalk ZB, broadcast on the evening of 24 June 2011, the host referred to recent comments made by the chief executive of the Employers and Manufacturers Association (EMA)....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...