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Decisions
Bibby and Television New Zealand Ltd - 2010-062
2010-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Petros and The Radio Network Ltd - 2009-040
2009-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Danny Watson – discussion about the Catholic Church’s excommunication of the mother and doctor of a nine-year-old girl in Brazil who had been raped, become pregnant, and had an abortion – the view of one of the people who rang in support of the Church’s actions was later criticised by other callers – a number of callers rang in criticising the Church’s actions – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 6 (fairness) – complainant and Catholic Church treated fairly – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 Standard 7 (discrimination and denigration) – criticisms of the Catholic Church lacked necessary invective for a breach of the standard – robust nature of talkback – not upheld This headnote does not form part of the…...

Decisions
Hind and Television New Zealand Ltd - 2008-073
2008-073

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Build a New Life in the Country – contained coarse language – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Action Taken – broadcaster upheld the complaint, apologised and took steps to prevent future mistakes – action taken sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Build a New Life in the Country (rated G) was broadcast on TV One at 7. 30pm on Saturday 7 June 2008. The series followed British couples as they pursued their dream homes and lifestyles. In the 7 June episode, Jason and Phillipa had bought a chateau in France and planned to renovate it and open it as a bed and breakfast. The episode tracked their progress over nine months. [2] At approximately 7....

Decisions
Denham and CanWest TVWorks Ltd - 2006-071
2006-071

Complaint under section 8(1)(a) of the Broadcasting Act 1989Intellectual Property – video clip showed people in a laundromat using washing machines and dryers for unorthodox purposes – showed a boy taking a dog out of a washing machine and placing it into a dryer – allegedly in breach of good taste and decency, children’s interests and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – not broadcast during “children’s normally accepted viewing times” – standard does not apply – not upheld Standard 10 (violence) – placing dog in a dryer was not an act of violence to which the standard applies – not upheldThis headnote does not form part of the decision. Broadcast [1] The video clip for a song entitled “The Blues are Still Blue”, by Belle and Sebastian, was broadcast on C4 on Intellectual Property at approximately 10....

Decisions
Fippard and The Radio Network Ltd - 2005-019
2005-019

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback discussion on the Queen’s refusal to attend the civil wedding ceremony for the Prince of Wales – host said “she’s a heartless wench through and through” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – comment light-hearted expression of opinion – no obscene language – not upheldThis headnote does not form part of the decision Broadcast [1] The subject of whether the Queen would attend the wedding of Prince Charles and Camilla Parker-Bowles was discussed on the Newstalk ZB talkback programme at approximately 10. 30pm on 23 February 2005. A male caller explained that, while the Queen would attend the religious blessing of the couple, she could not attend the civil wedding ceremony. The host ended the conversation saying “she’s a heartless wench through and through”....

Decisions
New Zealand Catholic Bishops Conference and CanWest TVWorks Ltd - 2005-112
2005-112

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 and denigratoryFindingsPreliminary findings – Authority applied TVNZ v VoTE approach to New Zealand Bill of Rights Act – Authority must consider whether finding a breach of standards would impose unreasonable limitation on free speech Standard 1 (good taste and decency) – contextual factors favour broadcaster – public interest does not require finding a breach of standards simply because broadcasts lampooned Catholicism – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high threshold in light of protection given to satire in 6(g)(iii) – threshold one of vitriol or hate speech – fact that offence caused of itself insufficient to find breach of standard – programmes not realistic as complainant alleged – not upheld Standard 6 (fairness) – satirical programmes would only be unfair in…...

Decisions
O'Callaghan and Radio Active Ltd - 2004-063
2004-063

Complaint under s. 8(1)(b) of the Broadcasting Act 1989 "Threat" by hip hop artist Jay-Z – lyrics include references to “niggers”, “shit” and “fuck” – alleged breach of good taste and decencyFindings Principle 1 (good taste and decency) and Guideline 1a – broadcaster removed song from play list – tantamount to acknowledgement that song breached standards – action taken sufficient – decline to determine standards complaintThis headnote does not form part of the decision. Broadcast [1] The song Threat by hip hop artist Jay-Z was broadcast on Radio Active 89FM at around 9. 10am on Tuesday 17 February 2004. Complaint [2] Michael O’Callaghan complained to Radio Active Ltd, the broadcaster, that he had heard a song broadcast at around 9. 10am which contained “the most explicit, disgusting and inappropriate obscene lyrics I have ever heard on public radio”....

Decisions
Hooker and Television New Zealand Ltd - 2002-037
2002-037

Complaint60 Minutes – promo – clip of Norm Hewitt – use of word "shit" – offensive language – breach of good taste and decency – breach of classification codes and time bands – not mindful of the effect on children – explicit material unacceptable in a promo FindingsStandard G2 – quietly used vernacular figure of speech – context – no uphold Standard G8 – appropriate classification – no uphold Standard G12 – important social message for younger viewers – no uphold Standard G24 – no violence or other explicit material – not relevant This headnote does not form part of the decision. Summary [1] A promo for the current affairs programme 60 Minutes contained a 30-second clip of professional rugby player, Norm Hewitt. It was broadcast on 20 October 2001 at 6. 35pm during One News....

Decisions
Swenson and TV3 Network Services Ltd and TV4 Network Ltd - 2002-163, 2002-164, 2002-165
2002-163–165

ComplaintMost Wanted – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Without Me, Kiss Kiss and In the Middle and, according to Ms Swenson, Love Don’t Cost a Thing, were broadcast on TV3 and TV4 at various times on various dates between 17 and 21 July 2002. [2] Tina Swenson complained to TV3 Network Services Ltd and TV4 Network Ltd, the broadcasters, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Decisions
Hooker and Television New Zealand Ltd - 2001-136
2001-136

An appeal against this decision was dismissed in the High Court: AP 138/01 PDF1. 09 MBComplaintBanzai – comedy – sketch included shot of man’s naked penis – bad taste FindingsStandard G2 – borderline – context – no upholdThis headnote does not form part of the decision. Summary[1] An episode of Banzai, a British comedy series, was broadcast on TV2 at 10. 10pm on 14 August 2001. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a shot of a man’s naked penis which was included in the broadcast, and which he considered to be "well outside the currently accepted norms of taste and decency, given the context in which the scene was shown"....

Decisions
Schwabe and Television New Zealand Ltd - 2000-038
2000-038

Summary In a review of events surrounding the Erebus crash, it was reported that the then CEO of Air New Zealand had told a senior pilot "I’ll cut your f-ing balls off". The remark was quoted in a 60 Minutes item broadcast on 28 November 1999 at 7. 30pm, the 20th anniversary of the crash of the Air New Zealand plane in the Antarctic. Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that such language was offensive, unacceptable and entirely unnecessary, particularly in a programme which dealt with a subject still painful for the friends and relatives of those killed. TVNZ emphasised the context in which the remark was made and suggested the comment reflected the bitterness and unresolved questions arising from the disaster. In its view, the phrase spoke volumes about the emotions aroused by the debate....

Decisions
Cook and Radio New Zealand Ltd - 2013-014
2013-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...

Decisions
McCabe and MediaWorks Radio Ltd - 2014-129
2014-129

Summary [This summary does not form part of the decision. ]The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The song included one muted use of the word 'fucking'. The Authority did not uphold the complaint that the item breached standards of good taste and decency as the word 'fucking' was not clearly audible and occurred only once in the song. Not Upheld: Good Taste and DecencyIntroduction[1] The song 'Smile' by Lily Allen was broadcast during MORE FM Breakfast with Si and Gary. The opening lyrics of the song included one instance of the word 'fucking', which was partly muted. [2] Christine McCabe complained that the word 'fucking' was 'quite audible'. [3] The issue is whether the broadcast breached the good taste and decency standard of the Radio Code of Broadcasting Practice....

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
Avery and NZME Radio Ltd - 2018-076 (16 January 2019)
2018-076

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

Decisions
Jefferies and Television New Zealand Ltd - 2020-081 (24 November 2020)
2020-081

An episode of Seven Sharp included an item about a tornado and thunderstorm that occurred in New Zealand and an eye witness account from a resident. Considering the contextual factors and the nature of the programme, the Authority did not uphold a complaint that the language used breached the good taste and decency standard. Not Upheld: Good Taste and Decency...

Decisions
Sporting Shooters Association of New Zealand Inc and TV3 Network Services Ltd - 1994-072
1994-072

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 72/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SPORTING SHOOTERS ASSOCIATION OF NEW ZEALAND INC. Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Bloomer and Television New Zealand Ltd - 1995-015
1995-015

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 15/95 Dated the 16th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P H E BLOOMER of Napier Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
McKinley and Discovery NZ Ltd - 2022-040 (18 May 2022)
2022-040

The Authority has declined to determine a complaint alleging R&R breached the good taste and decency, discrimination and denigration, accuracy and fairness standards. The programme discussed Aotearoa New Zealand’s colonial history. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy, Fairness...

Decisions
Eliott and Mediaworks TV Ltd - 2019-062 (18 November 2019)
2019-062

During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down. The Authority did not uphold a complaint that the use of the term ‘SNAFU’ 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 Newshub and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘SNAFU’ did not threaten community norms of good taste and decency, or justify restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

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