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Barker and Television New Zealand Limited - 1999-011
1999-011

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....

Decisions
Walker, Noble, Carter, Siew and Grainger and Television New Zealand Limited - 1999-180–1999-186
1999-180–186

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....

Decisions
Watson and The RadioWorks Ltd - 2000-162
2000-162

ComplaintTalkback – Radio Pacific – host rude to callers FindingsPrinciple 1 – no tape – reported remarks not exceptional in talkback context – decline to determine This headnote does not form part of the decision. Summary Talkback discussion about equestrian Mark Todd’s alleged cocaine use was broadcast on Radio Pacific on 6 July 2000 between 7. 00–8. 00am. The host supported Mr Todd. Alex Watson complained to The RadioWorks Ltd, the broadcaster, that the host’s conduct had been objectionable. He cited some examples of callers being subjected to what he termed abusive treatment after expressing their views, and noted that although some callers had tried to remonstrate with the host, they had been cut off before they could speak. In his view, this was not part of free speech talkback, and did nothing for the reputation of the station....

Decisions
Duff and TVWorks Ltd - 2010-003
2010-003

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contestant told a story about punching a boy at school who had Down syndrome – allegedly in breach of good taste and decency and discrimination and denigration standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments lacked necessary invective – attempt at humour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme 7 Days was broadcast on TV3 at 10pm on Friday 27 November 2009. The programme involved the host questioning two three-person teams of comedians about various events which had been reported in the media during the week. [2] During the programme, the panellists discussed an event that had occurred in America called “Kick a Ginger Day”....

Decisions
Anderson and TVWorks Ltd - 2007-140
2007-140

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nightline – item featured interview with two members of the band Linkin Park who used coarse language – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – inclusion of the language was gratuitous and deliberately provocative – no warning given – research supports likelihood of viewers being offended – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An item on Nightline, broadcast on TV3 just before 11pm on 15 October 2007, discussed the international success of American band, Linkin Park, and included an interview with two of the band members. At the beginning of the interview, one member said “Fuck you! ” in response to the interviewer welcoming them to New Zealand....

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
Charlton and Prime Television New Zealand Ltd - 2002-117
2002-117

ComplaintMarathon Man – film – offensive language – warning ought to have been broadcast – complaint upheld by broadcaster – action taken insufficient FindingsAction taken sufficient This headnote does not form part of the decision. Summary [1] The movie Marathon Man was broadcast on Prime at 8. 30pm on 22 May 2002. [2] Mrs M Charlton complained to Prime Television New Zealand Ltd, the broadcaster, that the movie contained offensive language, and that viewers ought to have been warned about its use. [3] Prime upheld the complaint and apologised to the complainant. It explained that appropriate staff had been reminded of Prime’s collective responsibility "with emphasis placed on not making assumptions on behalf of viewers and that warnings must be specific in nature". [4] Dissatisfied with the action taken in response to her complaint, Mrs Charlton referred her complaint to the Broadcasting Standards Authority under s....

Decisions
Martin and Mediaworks Television Ltd - 2020-002 (29 June 2020)
2020-002

The Authority did not uphold a complaint that Mark Richardson’s response to a gift from a guest on The AM Show breached the good taste and decency and children’s interests standards. Noting contextual factors, including audience expectations of the programme and of Mr Richardson, the Authority did not consider that Mr Richardson’s comments were likely to cause widespread undue offence or distress, undermine widely shared community standards or adversely affect children. The Authority also did not uphold a complaint that a discussion about beer brands breached the alcohol standard. While the Authority found that the positive comments regarding Peroni could be regarded as promotion of the Peroni brand, the Authority considered that any promotion of alcohol was socially responsible in the context. Not Upheld: Good Taste and Decency, Children’s Interests, Alcohol...

Decisions
Whiteley and TV3 Network Services Ltd - 2004-121
2004-121

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – item about big budget films to be made in New Zealand – movie clip shown included a shot of a woman falling off her chair and her dress flying up – allegedly offensive and contrary to interests of child viewers FindingsStandard 1 (good taste and decency) – context – inexplicit – not upheld Standard 9 (children’s interests) – not unsuitable for children in context – not upheld This headnote does not form part of the decision. Broadcast [1] An item about the number of big budget films to be made in New Zealand featured on 3 News at approximately 6. 20pm on 7 June 2004. The item included interviews with two leading actors who said they were looking forward to working in New Zealand, one of whom was Jack Black....

Decisions
Hodgkinson and Television New Zealand Ltd - 2002-107
2002-107

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1, Guideline 1a – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 14 May 2002 at 9. 35pm on TV One included a scene of two males having sex in a car park. [2] Rob Hodgkinson complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and unacceptable even for "adult only" viewing. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Hodgkinson referred the complaint to the Broadcasting Standards Authority under s....

Decisions
McCaughan and MediaWorks TV Ltd - 2016-062 (2 December 2016)
2016-062

Summary[This summary does not form part of the decision. ]During three items on Newshub, interviewees used potentially offensive language, including ‘piece of piss’ and ‘shit’. The Authority did not uphold a complaint that multiple instances of allegedly ‘foul language’ during a news programme were unacceptable. The Authority emphasised that the expressions reflected the interviewee’s choice of language to convey their response to the issues discussed, and were not abusive or directed at any individual. The Authority recognised that in our diverse New Zealand society, people may communicate using different kinds of language, and this will usually be acceptable so long as standards are maintained. In the context of a news programme aimed at adults, and items which carried relatively high value in terms of public interest and freedom of expression, the Authority was satisfied that the language would be unlikely to cause widespread undue offence among the general audience....

Decisions
O'Leary and New Zealand Media Entertainment Ltd - 2020-009 (16 June 2020)
2020-009

A complaint regarding a comment made by radio host Chris Lynch in relation to a news report that Whakaari was going to receive a blessing in the wake of the fatal volcanic eruption has not been upheld. The Authority found that considering the relevant contextual factors, Mr Lynch’s comment ‘because that’s going to change everything isn’t it? ’ was unlikely to cause widespread undue offence or distress. The Authority also noted that, while the comment had the potential to offend some listeners, comments will not breach the discrimination and denigration standard simply because they are critical of a particular group, because they offend people, or because they are rude. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Sharp and Harang and Television New Zealand Ltd - 1993-073, 1993-074
1993-073–074

Download a PDF of Decision No. 1993-073–074:Sharp and Harang and Television New Zealand Ltd - 1993-073, 1993-074 PDF698. 63 KB...

Decisions
Green and MediaWorks Radio Ltd - 2015-087 (3 March 2016)
2015-087

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem? ’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community....

Decisions
Beach and Radio New Zealand Ltd - 2020-048 (14 September 2020)
2020-048

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

Decisions
Hargreaves and MediaWorks Radio Ltd - 2020-044B (14 October 2020)
2020-044B

The Authority has not upheld a complaint about the host’s language and approach during an interview broadcast on Magic Afternoons with Sean Plunket. Mr Plunket interviewed the Chief Executive of Universities New Zealand about the charging of holding fees for accommodation at university halls of residence during the COVID-19 lockdown period. During the interview Mr Plunket appeared increasingly frustrated and hung up on the interviewee after using the phrase, ‘Jesus Christ’. Noting it has previously determined that the use of variations of ‘Jesus’ and ‘Christ’ as exclamations or expressions of frustration or surprise did not threaten community standards, the Authority did not find any breach of the good taste and decency standard in this case....

Decisions
Godinet & Kay and NZME Radio Limited - 2020-101 (16 December 2020)
2020-101

The Authority did not uphold complaints that an item on Kerre McIvor Mornings breached the accuracy standard. The content was likely to be interpreted as commentary and opinion, and not statements of fact to which the accuracy standard applied. In terms of the balance standard, it was clearly presented from the host’s perspective. Given the nature of the programme, listeners were unlikely to have been misled by the omission of other views. The Authority also found that, in its context, the segment was unlikely to cause widespread undue offence or undermine widely shared community standards, did not actively promote serious antisocial or illegal activity and was not unfair to the Government or Prime Minister. Accordingly it did not breach the good taste and decency, law and order or fairness standards.      Not Upheld: Accuracy, Balance, Good taste and decency, Law and order, Fairness...

Decisions
McArthur and Television New Zealand Ltd - 2007-117
2007-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

Decisions
Orsulich and Television New Zealand Ltd - 2006-036
2006-036

Complaint under section 8(1)(a) of the Broadcasting Act 1989Canterbury Tales – "The Miller’s Tale" – a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe – allegedly in breach of good taste and decency and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 10 (violence) – implicit violence justified by context – care and discretion shown – not upheldThis headnote does not form part of the decision. Broadcast [1] A modern day television adaptation of Chaucer’s Canterbury Tales – "The Miller’s Tale" was screened on TV One at 9. 35pm on Sunday 5 March 2006. Near the end of the story, a spurned lover apparently burns his rival’s buttocks with a red-hot piece of pipe....

Decisions
Hutchins and Māori Television - 2005-064
2005-064

Dr Patu Hohepa, the Commissioner of Te Taura Whiri i te Reo Māori, was co-opted as a person whose qualifications and experience were likely to be of assistance to the Authority. He took part in the Authority’s deliberations but the decision is that of the permanent members. Complaint under section 8(1)(a) of the Broadcasting Act 1989Toi Whakaari – kapa haka group performing haka which included a whakapohane – exposed buttocks – allegedly unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – traditional cultural event presented in a stylised manner – not disturbing or alarming for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A kapa haka group performing a haka was shown in an episode of Toi Whakaari broadcast on Māori Television at about 6. 40pm on 9 May 2005....

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