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Decisions
Cape and MediaWorks TV Ltd - 2018-018 (21 May 2018)
2018-018

Summary[This summary does not form part of the decision. ]The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed....

Decisions
O'Brien and Mediaworks - 2020-062 (28 September 2020)
2020-062

The Authority has not upheld a complaint that visually displaying the word ‘dickhead’ onscreen during a Newshub item breached the good taste and decency standard. The Authority considered that in the context of the item, which canvassed public opinion towards Simon Bridges, the visual depiction of the word ‘dickhead’ would not have caused widespread undue offence, or distress, and would not have undermined widely shared community values. Not Upheld: Good Taste and Decency...

Decisions
McInroe and Television New Zealand Ltd - 2020-128 (9 March 2021)
2020-128

The Authority has not upheld a complaint that a news report covering the US Democratic Convention breached standards by referring to then US President Donald Trump as ‘Trump’ or ‘Donald Trump’ rather than with the title ‘President’. The broadcast was fair to Mr Trump, considering his position and profile as a politician and public figure. It was not misleading to refer to Mr Trump as ‘Donald Trump’ and the report was unlikely to cause widespread offence. The discrimination and denigration standard did not apply to Mr Trump as an individual. Not Upheld: Fairness, Accuracy, Good Taste and Decency, Discrimination and Denigration...

Decisions
Schwabe and Television New Zealand Ltd - 2001-033
2001-033

ComplaintOne News – Hector dolphins on the Avon river – comment from observer – "just watching dolphins…sitting like a dork in the rain – use of term "dork" offensive Findings Standard G2 – no breach of good taste and decency – no uphold This headnote does not form part of the decision. Summary The word "dork" was used by a man interviewed during an item on Hector dolphins, broadcast on One News on 28 November 2000 at 6. 00pm. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the use of the word dork, which he described as a "gutter word for penis" was irrelevant to the appearance of the dolphins. He contended that it should not have been broadcast in an early evening item of high interest to children....

Decisions
Painting and TV3 Network Services Ltd - 2000-040
2000-040

SummaryAn episode of British Sex was broadcast on TV3 at 9. 30pm on 28 October 1999. This series was publicised as a programme with a straight talking approach to all things sexual, which featuring "ordinary" people. Daphne Painting complained to TV3 Network Services Ltd, the broadcaster, that the programme was "a polluting intrusion and desecration of [her] home". She complained particularly about footage of a "body caster", who modelled body parts, including genitalia, which she described as "reprehensible in the extreme". She also stated her opinion that the programme’s effect on children would be to "corrupt" them. TV3 responded that British Sex was AO rated, screened an hour after the AO watershed, and was preceded by a written and verbal warning. It did not consider that the "body caster" segment was unacceptable in that context, commenting that the castings were non-sexual, and were neither lewd nor degrading....

Decisions
Smith and The RadioWorks Ltd - 2002-026
2002-026

ComplaintThe Edge – announcer makes anonymous call to woman – purports to be buying magazines – says has fetish for "shirtless Papua New Guinea women" – threatening and offensive – breach of good taste and decency FindingsPrinciple 1 – sinister – threatening – breach of good taste and decency – uphold OrderBroadcast of summary – costs of $500 to Crown This headnote does not form part of the decision. Summary [1] During a broadcast on The Edge on 17 October 2001 between 9. 30am and 10. 00am, one of the announcers telephoned a woman who was advertising National Geographic magazines, purporting to be a potential buyer. He told the woman he had a fetish for "topless Papua New Guinea women" and requested copies of the magazines carrying such pictures....

Decisions
Feral and Television New Zealand Ltd - 2014-107
2014-107

Summary [This summary does not form part of the decision. ] During The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip, and used live bait to catch marlin. The Authority did not uphold the complaint that the practice of live baiting was cruel and breached standards. The footage was not unexpected in a fishing programme, and the complainant’s concerns relate more to the programme genre in general, and personal lifestyle preferences, which are not a matter of broadcasting standards. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Violence Introduction [1] During an episode of The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip. The host and crew used live bait to catch marlin, a traditional method used in Mexico....

Decisions
Watts and Television New Zealand Ltd - 2005-041
2005-041

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – street march through Auckland – topless protester shown – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – context – no warning required – not upheld Standard 9 (children’s interests) – item not harmful to children – context – not upheldThis headnote does not form part of the decision. Broadcast [1] An item on One News broadcast on TV One at 6pm on 5 March 2005 showed a street march through Auckland that day in support of “family values”. A topless woman was among those shown protesting against the views expressed by the marchers. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had breached standards of good taste and decency and children’s interests....

Decisions
Thomson-Ryan and Television New Zealand Ltd - 2010-063
2010-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up promo – contained the word “fugly” to describe the appearance of a film character – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – “fugly” used in a light-hearted and jovial manner – not used as a term of abuse – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A brief promo for Close Up was broadcast at 8. 33am during an episode of Breakfast and again at 3. 07pm during 60 Minute Makeover on Wednesday 7 April 2010. The promo discussed the new Nanny McPhee film starring Emma Thompson. [2] During the promo a voiceover said, “. . . Plus Oscar pro Emma Thompson on having to look fugly for film”, after which Ms Thompson was shown saying, “I really enjoy it....

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
Gillingham and TVWorks Ltd - 2012-053
2012-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on “strip club turf war” contained footage of a stripper wearing only a G-string and dancing erotically – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld the complaint under Standards 1 and 9 – action taken allegedly insufficient FindingsAction Taken: Standard 1 (good taste and decency) and Standard 9 (children’s interests) – action taken by broadcaster sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on TV3 at 6pm on Thursday 3 May 2012, reported on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Decisions
Lowe and Television New Zealand Ltd - 1999-074
1999-074

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....

Decisions
Credo Society Inc and 95bFM - 1996-085
1996-085

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-085 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster 95 bFM (AUCKLAND) J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Fischer and Television New Zealand Ltd - 1995-106
1995-106

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Hooker and TV3 Network Services Ltd - 2002-120
2002-120

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

Decisions
Smits and TV3 Network Services Ltd - 2001-128
2001-128

ComplaintThe Boys Club – film – fuck – offensive FindingsStandard G2 – adult theme – contextual factors – rating – warning – classification – time of screening – no uphold This headnote does not form part of the decision. Summary The Canadian film The Boys Club was broadcast on TV3 on 24 June 2001. It told the story of some teenage boys with a secret hideout who hide a dangerous criminal. Their conversation frequently used the word "fuck" and its derivatives. Phillip Smits complained to TV3 Network Services Ltd, the broadcaster, that the teenage boys as the main characters used offensive language extensively. People of that age, he wrote, should not be allowed to swear. In response, TV3 pointed to programme’s rating (AO), the time of screening (10. 40pm), and the verbal and written warning which preceded the broadcast....

Decisions
Guest and CanWest RadioWorks Ltd - 2004-217
2004-217

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – hosts commented on the name “Chris Peacock” – references to an item on KFC menu called “crispy cock” – mock advertisement containing references to oral sex – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – sustained and repetitive sexual references – likely that young people would have been listening – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] At around 7. 55am on 26 October 2004 the hosts of The Morning Madhouse on the radio station The Edge joked about a complaint they had received from a person by the name of Chris Peacock....

Decisions
Collier and Television New Zealand Ltd - 2002-082
2002-082

ComplaintSpace – images of man exposing buttocks – "mooning" – offensive behaviour FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] An episode of Space was broadcast on TV2 at 11. 25pm on 8 March 2002. At the end of the episode, images of a man’s buttocks, and of a second man holding the cheeks of the man’s buttocks apart, were broadcast in a montage of out-takes over which the closing credits were run. The incident apparently occurred during a stag party. [2] Laurie Collier complained to Television New Zealand Ltd, the broadcaster, that the sequence was "one of the most indecent incidents I’ve witnessed on television". [3] TVNZ declined to uphold the complaint. It did not consider that in the overall context of Space the scene was in breach of broadcasting standards....

Decisions
Stevenson and Radio Tairua Ltd - 2011-095
2011-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Tairua – prelude to a song by rap artist DMX titled Gotta Go (Skit ) broadcast at 3. 45pm – appeared to involve a domestic dispute and contained extensive coarse language including the words “fuck” and “fucking” 13 times – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – excessive use of expletives at 3. 45pm when children could be listening would have significantly departed from audience expectations – upheld No Order This headnote does not form part of the decision. Broadcast [1] A prelude to a song by rap artist DMX called Gotta Go (Skit) was broadcast on Radio Tairua 88. 3FM at 3. 45pm on Tuesday 5 July 2011. The skit was approximately 1 minute in length and appeared to involve a domestic dispute between a man and a woman....

Decisions
Imlach and The Radio Network Ltd - 2007-006
2007-006

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

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