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Decisions
Thompson and Television New Zealand Ltd - 1997-038
1997-038

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Hunter and TV3 Network Services Ltd - 2003-076
2003-076

ComplaintSpecial Victims Unit and Crime Scene Investigation – promo – reference to oral sex – during That ‘70s Show – 7. 50pm – inappropriate comment at that time FindingsStandard 7 and Guideline 7b – majority classification of Special Victims Unit promo correct – no uphold; minority – adult theme – should be AO; classification of Crime Scene Investigation promo as PGR correct – no uphold Standard 9 and Guidelines 9b and 9e – subsumed under Standard 7 Standard 10 and Guideline 10c – violence appropriately classified – no uphold Standard 1 and Guidelines 1a and 1b – context – no uphold This headnote does not form part of the decision. Summary [1] "Since when is oral sex not sex? Since Bill Clinton said so". This exchange in an office setting was used in a promo for Special Victims Unit, and was broadcast by TV3 at 7....

Decisions
Kelcher and Prime Television New Zealand Ltd - 2003-018, 2003-019
2003-018–019

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Decisions
Simpson and TVWorks Ltd - 2009-120
2009-120

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Home and Away – showed couple in bed – camera with recording light on was positioned at the end of the bed – footage briefly shown of the couple kissing – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 8 (responsible programming) – programme’s themes more suited to PGR but visual depiction of them inexplicit and acceptable in G programme – majority – not upheld Standard 1 (good taste and decency) and Standard 9 (children’s interests) – subsumed into consideration of Standard 8 This headnote does not form part of the decision. Broadcast [1] An episode of Home and Away, an Australian soap opera with a G rating, was broadcast on TV3 at 5. 30pm on Friday 31 July 2009....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Decisions
Boyce and Clow and Television New Zealand Ltd - 2000-011, 2000-012, 2000-013
2000-011–013

SummaryFootage showing a man who had his genitals stapled to a cross – which was then set alight – was included on Havoc 2000 Deluxe broadcast on TV2 at 10. 00pm on 9 November 1999. The programme also included a sequence where one of the presenters asked a woman on the street if she would consider "a blow-job for four [dollars]". The programme broadcast on 16 November included reaction to the incident. Simon Boyce and Carey Clow both complained to Television New Zealand Ltd, the broadcaster, that the sequence showing the man nailing his genitals to the cross was indecent and breached broadcasting standards. Mr Boyce also complained about the approach made to the woman on the street, and Mr Clow complained about the programme broadcast the following week which referred to the stapling incident and the reaction to it....

Decisions
Maybury and Television New Zealand Ltd - 2006-052
2006-052

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item about rescue helicopter trip to Raoul Island following volcanic eruption – one DOC worker missing – member of rescue team commented that supplies included a body bag – complaint that reference to body bag was hurtful to missing worker’s family and item allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – news item dealt with reality of situation – not upheldThis headnote does not form part of the decision. Broadcast [1] The organisation of a rescue team to fly to Raoul Island to search for a missing Department of Conservation staff member, following a volcanic eruption, was dealt with in an item on One News broadcast on 17 March 2006 beginning at 6. 00pm. The logistics of the helicopter flight were covered as was previous volcanic activity on the island....

Decisions
Lord and Radio New Zealand Ltd - 1999-023
1999-023

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

Decisions
Webb and Television New Zealand Ltd - 1995-095
1995-095

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 95/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN E WEBB of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Fotheringham and Television New Zealand Ltd - 1996-150
1996-150

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-150 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LIEUTENANT COMMANDER B I FOTHERINGHAM of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates A Martin...

Decisions
Burlace and TV3 Network Services Ltd - 2000-159
2000-159

ComplaintCourage Under Fire – film – blasphemy – offensive language – "Jesus fucking Christ"FindingsStandard G2 – context – AO classification and time of broadcast – warning – no uphold This headnote does not form part of the decision. Summary The film Courage Under Fire was broadcast on TV3 on 21 May 2000 beginning at 8. 30pm. During a combat scene in the film, one of the characters was heard to say "Jesus fucking Christ". Brian Burlace complained to TV3 Network Services Ltd, the broadcaster, that the language used was blasphemous and offensive. TV3 explained that the programme was rated AO and had been preceded by a warning about its language. It also observed that the film had been edited to remove much of its coarse language....

Decisions
Schwabe and Television New Zealand Ltd - 1999-163
1999-163

Summary A man who emulated the lifestyle of the fictional Austin Powers character was the subject of a news report on TV One broadcast between 6. 00–7. 00pm on 11 July 1999. In that context, reference was made to the recently released Austin Powers film "The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that the word "shagged" was an offensive macho term which degraded women and was not acceptable during a family hour broadcast. TVNZ acknowledged that the word "shagged" contained strong sexual innuendo, but argued that its level of offensiveness had been considerably moderated. It noted that the word was used only once during the item and that was in the context of the film’s title. It did not consider that that single reference breached any broadcasting standards....

Decisions
Lowe and Radio New Zealand Ltd - 2000-102
2000-102

ComplaintNine to Noon – offensive language – "nigger" FindingsPrinciple 1 – context – used to explain another word’s offensiveness – no uphold This headnote does not form part of the decision. Summary The word "nigger" was used by presenter Kim Hill in Nine to Noon broadcast on National Radio on 3 May 2000 just after 11. 00am. John Lowe complained to Radio New Zealand Ltd, the broadcaster, that the use of the word was unacceptable and unnecessary on public radio, and breached the good taste and decency standard. RNZ explained that the word arose in the context of a discussion about the origin of the word "munted" which had apparently been used on the programme earlier that day. According to a fax received from a South African listener, the word "munted" had the same derogatory meaning as "nigger"....

Decisions
Mallard and 3 Others and Television New Zealand Ltd - 1994-127–1994-130
1994-127–130

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Newfield and Television New Zealand Ltd - 1996-054
1996-054

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-054 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER NEWFIELD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Penrice and Television New Zealand Ltd - 2003-035
2003-035

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....

Decisions
Turley and Television New Zealand Ltd - 2002-155, 2002-156
2002-155–156

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

Decisions
Schwabe and Television New Zealand Ltd - 2001-019
2001-019

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"....

Decisions
Vivian and Television New Zealand Ltd - 2001-105
2001-105

ComplaintThe Chimp Channel – animals trained to perform unnatural behaviours – bad taste – bad effect on children – insensitive FindingsStandard G2 – not in bad taste – no uphold Standard G12 – broadcaster apparently mindful of children – no uphold Standard V17 – animals not humiliated or badly treated – no uphold This headnote does not form part of the decision. Summary The Chimp Channel was screened weekly on TV2 at 5. 30pm on Saturdays. It was a comedy series set in a television studio in which most of the actors were animals. Melanie Vivian complained to Television New Zealand Ltd, the broadcaster, that it was contrary to animal welfare for animals to be trained to perform "unnatural behaviours"....

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