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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D. LOW of Kaeo Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-052 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by STATISTICS NEW ZEALAND Broadcaster RADIO PACIFIC LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-019 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAY MAINWARING of Rangiora Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintDocumentary New Zealand: "The Complainers" – offensive behaviour – nudity; unsuitable for childrenFindings Standard G2 – not offensive in context – no uphold Standard G12 – AO – warning – 8. 30pm – no uphold This headnote does not form part of the decision. Summary A Documentary New Zealand programme entitled "The Complainers" was broadcast on TV One on 3 July 2000 at 8. 30pm. Among those featured was a complainant who has complained regularly about broadcasters’ practice of electronically masking the genitals of people appearing naked in programmes. He and a woman were shown naked in a brief sequence, part of which showed his body un-pixellated. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that the sequence, which showed the woman’s breasts and the man’s genitals, was offensive when broadcast in family viewing time....

ComplaintSouth Park – necrophilia – offensive theme FindingsStandard G2 – offensive material notwithstanding context – uphold No Order This headnote does not form part of the decision. Summary [1] An episode of South Park was broadcast on TV4 at 9. 00pm on 13 September 2001. South Park is a cartoon comedy series. [2] Michael Hooker complained to TV4 Network Ltd, the broadcaster, that the "entire episode was based on the theme of necrophilia" (sex with a dead person), which he considered to be outside the accepted norms of taste and decency in the context of a comedy. [3] TV4 declined to uphold the complaint. It did not consider that the programme breached standards relating to good taste and decency. [4] Dissatisfied with TV4’s decision, Mr Hooker referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

An appeal against this decision was dismissed in the High Court: CIV-2010-485-002008 PDF3....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – investigation of availability of ingredients needed to make methamphetamine or ‘P’ – hidden camera footage of two shopkeepers – allegedly in breach of standards of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification, and children’s interests Findings Standard 1 (good taste and decency) – standard not relevant – not upheld Standard 2 (law and order) – items did not list all of the ingredients needed to make ‘P’ – no recipes or techniques mentioned – items did not promote, condone or glamorise criminal activity – not upheld Standard 3 (privacy) – high level of public interest in the items – not upheld Standard 4 (balance) – not relevant to complainant’s concerns – not upheld Standard 5 (accuracy) – complainant did not identify any inaccuracies – broadcaster did not mislead or alarm viewers – not upheld Standard 6 (fairness) – high…...

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item on the death of a jockey resulting from a fall – item showed images of the fall – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindings Standard 1 – news unclassified – images relevant to news item – not graphic – not upheld Standard 7 – contextual factors – no warning required – not upheld Standard 9 – news item – unclassified – not upheld Standard 10 – tragic accident – violence standard not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] One News broadcast an item on 27 March 2005 at 6pm on TV One concerning the death of a young jockey resulting from his fall during a race....

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, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – light-hearted commentary on a TV3 presenter’s telephone call to Wellington High Court about Justice Ron Young who was hearing TV3’s appeal against some decisions of the Broadcasting Standards Authority – Holmes presenter (Paul Holmes) said that TV3’s presenter (John Campbell) had been getting it “up the chutney” at the appeal hearing – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldObservation When complaint referred to the Authority under s. 8(1)(b) in which there is doubt whether broadcaster has had the opportunity to investigate the complaint, the Authority will clarify processes with the broadcaster before formal action initiatedThis headnote does not form part of the decision....

ComplaintHot Property – amateur male strip to raise money for club house – 5. 30pm – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 – not likely to upset or disturb children – no uphold This headnote does not form part of the decision Summary [1] Hot Property is an Australian series about real estate sales. A sequence in which members of a men’s soccer club performed an amateur striptease to raise money for a clubhouse was included in the episode broadcast on TV One at about 5. 30pm on 31 December 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that it was offensive to screen a male strip sequence at 5. 50pm, in which naked backsides were shown clearly, without a warning....

ComplaintNewstalk ZB – talkback – reference to named Judge "jerking off at work" – bad taste – unbalanced – anti-male FindingsPrinciple 1 – robust environment – no uphold Principle 5 – reference to named Judge unfair – majority – uphold Principle 7 and Guideline 7a – neither men nor judges denigrated – no uphold No Order This headnote does not form part of the decision. Summary [1] A High Court Judge who had viewed pornography on the Internet while at work was the subject of a talkback discussion on Newstalk ZB on 19 February 2002 at around 10. 00pm. During the broadcast, the host made a reference to the Judge "jerking off at work". [2] Dennis Pahl complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the reference was anti-male, defamatory, in poor taste and showed a "demonstrable lack of balance" in the show....

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1 – 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 23 July 2002 at 9. 35pm on TV One included a scene of two males having sex. [2] N N Rodley complained to Television New Zealand Ltd, the broadcaster, that the scene was too graphic, and that he had "never seen two males copulating on TV. " [3] In 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 Rodley referred the complaint to the Broadcasting Standards Authority under s....

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"....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Extreme Male Beauty – reality series about a journalist trying to achieve the perfect male body contained male nudity including genitalia – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and not designed to titillate – consistent with AO classification and 9. 30pm time of broadcast – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Extreme Male Beauty, a reality series following a journalist and his journey to have the perfect male body, was broadcast on TV One at 9. 30pm on Wednesday 15 September 2010....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rugby World Cup Semi-Final: France v Wales – commentator used the word “Jesus” with reference to Wales being given a penalty kick – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 1 (good taste and decency) – “Jesus” used as exclamation and spontaneous reaction during a live sports programme – not used in derogatory or abusive manner – contextual factors – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During the Rugby World Cup Semi-Final between France and Wales, broadcast on TV One at 8....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – reported on bullying incident at Ruawai College, told from the perspective of the victim’s mother – victim’s mother expressed frustration at the school because she was not informed of the incident until a couple of days after it occurred – contained repeated footage of the incident – allegedly in breach of standards relating to good taste and decency, privacy, accuracy and fairnessFindingsStandard 6 (fairness) – item did not create an unfairly negative impression of the school and staff members – school was provided with fair and reasonable opportunity to comment and the Principal adequately presented the school’s position – item did not create an unfair impression about the timing or duration of the incident – reference to letter was not unfair – footage of police was due to an oversight – school and staff members treated fairly and overall…...