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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
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
Percy and Television New Zealand Ltd - 1999-118, 1999-119
1999-118–119

SummaryTwo consecutive episodes of Shortland Street contained a story-line about a nine-year-old boy, previously diagnosed with leukaemia, suffering a relapse and needing further medical treatment. His "mother" was shown receiving medical advice that his chances of survival with a bone marrow transplant were about one in ten. In the next episode, the child was shown bleeding profusely from mouth and nose, because his blood was not clotting properly. The episodes were broadcast on TV2 on 29 and 30 April 1999, commencing at 7. 00 pm. L D Percy complained to Television New Zealand Limited, the broadcaster, that the portrayals had a frightening impact on family and child viewers, particularly children who had returned to normal lives after receiving treatment for leukaemia. The depictions should only have been shown in an AO-rated programme, if at all, L D Percy wrote....

Decisions
Healing and Television New Zealand Ltd - 1999-217
1999-217

Summary The forthcoming Parole Board hearing for Paul Dally was dealt with during an item on Holmes broadcast on TV One beginning at 7. 00pm on 18 August 1999. Mr Dally had pleaded guilty to the murder of 13 year-old Karla Cardno in 1989, and the item included an interview with Mr Mark Middleton, Karla’s stepfather. In response to some questions as to why he had asked the Parole Board to release Mr Dally, Mr Middleton said that it provided the opportunity for him and his friends to "take him". R J Healing complained to Television New Zealand Ltd, the broadcaster, that the reporter’s questions were insensitive, and had encouraged a distressed man into making statements he might later regret. TVNZ declined to uphold the complaint as a breach of the standards relating either to taste or fairness....

Decisions
Drake and The Radio Network Ltd - 1998-013
1998-013

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-013 Dated the 26th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAHAM DRAKE of Rotorua Broadcaster THE RADIO NETWORK LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Lord and Television New Zealand Ltd - 1998-083
1998-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-083 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LTD S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Lilley and Television New Zealand Ltd - 2006-037
2006-037

Complaint under section 8(1)(a) of the Broadcasting Act 1989Teenage Caveman – movie about teenagers in the future who fall in with a group of genetically-altered and indestructible mutants – complainant objected to scenes of group sexual intercourse between teenagers, discussion on female pubic hair, female masturbation, and a young woman “exploding and a very graphic display of her exposed organs” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – cumulative effect of challenging content – implied group sex and partial nudity intended to titillate – excessive drug and alcohol use – gratuitous violence and profanity – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] The movie Teenage Caveman was broadcast on TV2 at 12. 35am on 17 April 2006....

Decisions
McIntyre and Manawatu Access Radio Charitable Trust - 2002-042
2002-042

ComplaintSong "Goodnight Irene" – lyrics offensive FindingsPrinciple 1 – not offensive in context – no uphold This headnote does not form part of the decision. Summary [1] The song "Goodnight Irene" was one of collection of tracks played by Manawatu Sounz AM 999 between 7. 45–8. 15am on 27 January 2002. The song was written by a black American blues singer, known as Leadbelly, early in the 20th century. [2] Mrs McIntyre complained to Manawatu Access Radio Charitable Trust, the broadcaster, that the lyrics in the third verse, in particular the phrase "I’ll take morphine and die", were offensive. [3] In response, Manawatu Access Radio explained that the lyrics were in the original song and were not an unusual example of lyrics written at that time in that they reflected the precarious existence of poor people. It declined to uphold the complaint....

Decisions
Dawkins and Television New Zealand Ltd - 1997-001
1997-001

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-001 Dated the 23rd day January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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
Grant and Phillips and Television New Zealand Ltd - 2019-013 (19 August 2019)
2019-013

Warning: This decision contains content that some readers may find distressing. On 15 March 2019 a special 1 News broadcast covered the terrorist attacks on two Christchurch mosques. The broadcast featured footage of victims being taken into hospital, many of whom had visibly sustained gunshot injuries and/or were identifiable. The Authority did not uphold two complaints that the coverage breached the privacy standard. The Authority found that media coverage of this event had high public interest in light of the unprecedented nature of extreme violence that occurred. The media had an important role to play in informing the public of events as they unfolded, including the nature and scope of injuries suffered and the action of first responders, including medical personnel. The Authority acknowledged that the repeated use of footage of identifiable victims amounted to a breach of privacy but found that the public interest defence applied....

Decisions
Rothville and TV3 Network Services Ltd - 1992-066
1992-066

Download a PDF of Decision No. 1992-066:...

Decisions
Jenkinson and Johnson and TVWorks Ltd - 2014-006
2014-006

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....

Decisions
MacKay and Television New Zealand Ltd - 1998-165
1998-165

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

Decisions
Reading and TV3 Network Services Ltd - 2000-138
2000-138

ComplaintTarget – description of house cleaner as tradesperson – denigration of tradespeople – inaccurate – unfair – unbalanced – offensive Findings (1) Standard G1 – no inaccuracy – no uphold (2) Standard G2 – no uphold (3) Standard G4 – no unfairness – no uphold (4) Standard G13 – no denigration or discrimination – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary An episode of Target broadcast on TV3 at 7. 00pm on 14 May 2000 featured footage of employees of four Hamilton house cleaning services who had been secretly filmed as part of a hidden camera trial. One of the male cleaners had been filmed engaging in improper sexual behaviour....

Decisions
Lochead and RadioWorks Ltd - 2010-031
2010-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments that communities in the Far North of New Zealand were an “underclass” whose children would be “feral” and that welfare benefits should be given to stop them having children – allegedly in breach of good taste and decency, and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – talkback radio is a robust environment – host’s comments were extreme but encouraged discussion of a legitimate issue – did not encourage discrimination against or denigration of Māori in the Far North – not upheld Standard 1 (good taste and decency) – contextual factors – comments did not stray beyond norms of good taste and decency – not upheld This headnote does not form part of the decision....

Decisions
Hamilton and Television New Zealand Ltd - 2011-085
2011-085

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Packed to the Rafters – woman briefly put her hand down the front of her boyfriend’s pants, who jumped and exclaimed “You’ve got chilli on your hands! ” – allegedly in breach of good taste and decency, responsible programming and children’s interests standards FindingsStandard 1 (good taste and decency) – scene was fleeting and playful – intended to be humorous rather than sexual – contextual factors – not upheld Standard 8 (responsible programming) – content was not unsuitable for supervised child viewers – promo correctly rated PGR and screened during Coronation Street – not upheld Standard 9 (children’s interests) – promo did not contain AO material and would not have disturbed or alarmed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Acclaim Otago Inc and Television New Zealand Ltd - 2004-026
2004-026

Complaint How’s Life? – three panellists suggested that people not medically cleared for work should nevertheless get a job – potentially dangerous – insensitive Findings Standard 1 – light-hearted context – not upheld Standard 6 – agony aunt entertainment programme – not sufficiently serious to be unfair – 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, featured a panel of local personalities who gave their own prepared answers to questions about human relationships submitted by viewers. The programme broadcast on 30 September 2003 considered a question from a person in receipt of accident compensation who was keen to return to work. Three of the four panellists suggested the questioner seek work....

Decisions
Classic Hits 99FM and The Heat 82.3FM - 2001-113
2001-113

ComplaintThe Heat – announcer named manager and referred to staff of Classic Hits abusively and as fuckwits – broadcaster upheld complaint – written apology insufficient. FindingsAction taken insufficient OrderBroadcast of apology This headnote does not form part of the decision. Summary Between 5. 30–6. 00pm on Saturday 30 June 2001, an announcer on The Heat named the manager of Classic Hits 99FM in Timaru and referred abusively to him, and to his staff. They were described on air as "fuckwits" and listeners were invited to phone Classic Hits and tell them what they thought of them. Garey Hanifin, Manager of Classic Hits 99FM in Timaru, complained to The Heat that the comments amounted to a "gross breach" of broadcasting standards. The Heat upheld the complaint. It accepted that the remarks were unfair and uncalled for, and apologised by letter....

Decisions
Pask and Mediaworks TV Ltd - 2019-057 (18 November 2019)
2019-057

The Authority has not upheld a complaint that an item on Newshub Live at 6pm concerning US immigration breached the good taste and decency and balance standards. The complaint was that showing the bodies of a toddler and her father who drowned while trying to enter the US was gratuitous, and that the item’s coverage of migrant detention camps and interviews with protestors outside were unbalanced as no comment was included from US authorities. The Authority found that including the images of dead bodies was justified in the public interest, and the warning preceding them was sufficient to enable viewers to exercise choice and control over their viewing, so there was no breach of good taste and decency....

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