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The New Zealand Woman and TV3 Network Services Ltd - 2002-018, 2002-019
2002-018–019

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Decisions
McArthur and Radio New Zealand Ltd - 2002-187
2002-187

ComplaintLive to Air: an Election Drama – radio play – National Radio – use of words "God" and "Jesus Christ" as expletives – offensive language – blasphemy FindingsPrinciple 1 – context – no uphold Principle 7 and Guidelines 7a, 7b, 7c, 7d, 7e, 7f – only Guideline 7a relevant – threshold not achieved – no uphold This headnote does not form part of the decision. Summary [1] Live to Air: an Election Drama was the title of a fifty minute-long radio play broadcast on National Radio at 4. 05pm on Sunday 28 July 2002. The dialogue on occasions used the words "God" and "Jesus Christ" as expletives. [2] Stella Anne McArthur complained to Radio New Zealand Ltd, the broadcaster, about the irreverent use of holy names. She described their use as offensive....

Decisions
Barrett and TVWorks Ltd - 2011-161
2011-161

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Date My Ex – reality series broadcast at 3pm contained footage of people drinking alcohol – allegedly in breach of good taste and decency, responsible programming, liquor and children’s interests standards FindingsStandard 11 (liquor) – presence of liquor in the programme was extremely brief and alcohol consumption was not glamorised – content did not amount to liquor promotion – not upheld Standard 8 (responsible programming) – programme correctly rated PGR – did not contain any material which warranted a higher rating of AO – not upheld Standard 1 (good taste and decency) – programme’s content would not have offended the majority of viewers – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Decisions
Anderson and Channel Z - 2001-131
2001-131

ComplaintChannel Z – "motherfucker" – "fucking cunt" – offensive language FindingsPrinciple 1 – breach of current norms of good taste and decency – uphold OrderCosts of $750 to the Crown This headnote does not form part of the decision. Summary I B Anderson complained to Channel Z, the broadcaster, about the expressions "motherfucker" and "fucking cunt" being broadcast on 30 May 2001 just before 4. 30pm. When the broadcaster did not respond within the statutory 20 working days, Mr Anderson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The broadcaster then responded that Channel Z was a niche radio station with an alternative format, and that its audience had a liberal view of language. The broadcaster agreed that the expressions were offensive and would not usually be broadcast....

Decisions
Hausmann and Television New Zealand Ltd - 2000-023
2000-023

Summary An interview with a bisexual author of erotic books was included in 60 Minutes broadcast on TV One on 31 October 1999 between 7. 30–8. 30pm. The woman described herself as "an amateur sexologist" and explained how she had become an expert on the subject of erotica. Mr Hausmann complained to Television New Zealand Ltd, the broadcaster, that the material was pornographic, breached the good taste standard and was unsuitable to be shown at a time when younger viewers could be watching. He also maintained that the item lacked balance because it did not show the serious downside of what he termed sexual addiction. TVNZ responded that the programme had profiled a New Zealand woman who had been approached by a publisher to produce a work on female erotica. It suggested that the complainant had made an unfair assumption by concluding that the woman had a sexual addiction....

Decisions
Palmer and Television New Zealand Ltd - 2010-137
2010-137

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skoda Game On – Extra Time – contained interview with a New Zealand weightlifter – interviewer left chalk handprints on the backside of the weightlifter’s tracksuit pants – weightlifter bench-pressed interviewer after which she commented on how "rock hard" his body was – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Skoda Game On – Extra Time, broadcast on TV One at 1pm on Sunday 15 August 2010, included an interview with a Russian-born New Zealand weightlifter who was part of the New Zealand Commonwealth Games team....

Decisions
Brown and Television New Zealand Ltd - 2012-119
2012-119

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Promo for Beyond the Darklands – upcoming episode discussed the death of three-year-old Nia Glassie – excerpt of commentary from a news item referred to “kicking her head in” – allegedly in breach of good taste and decency, and responsible programming standards FindingsStandard 1 (good taste and decency) – while the subject matter of the upcoming episode was distressing, the promo itself was reserved and respectful – details of the abuse were widely reported by media – taken in context the promo did not threaten standards of good taste and decency – not upheld Standard 8 (responsible programming) – promo was correctly classified PGR and screened during an appropriate host programme – promo was not presented in a way that would have caused alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Malone and Television New Zealand Ltd - 2013-054
2013-054

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Carrie Diaries – teen drama series contained sexual references and innuendo – allegedly in breach of the good taste and decency and children’s interests standards FindingsStandard 1 (good taste and decency) – episode’s depiction of sexual content was inexplicit and discreet – would not have offended or distressed most viewers, including supervised children – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests in screening the episode during children’s viewing times, given its PGR classification and specific pre-broadcast warning – not upheld This headnote does not form part of the decision. Introduction [1] An episode of The Carrie Diaries, an American teen drama series loosely based on the book and TV series Sex and the City, contained sexual references and innuendo....

Decisions
Sorrell and Radio New Zealand Ltd - 1994-105
1994-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 105/94 Dated the 3rd day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS SORRELL of Darfield Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Decisions
del la Varis and TV3 Network Services Ltd - 2002-206
2002-206

Complaint3 News – interview with actor Matt Damon included scenes from action movie "The Bourne Identity" – excessive violence – no warning – alarm children FindingsStandard 10 and Guideline 10g and Standard 9 – majority – sufficient care shown given item’s introduction and type of violence portrayed – no uphold – minority – material inappropriate in G rated time-slot – uphold Standard 1 and Guideline 1a – acceptable in context – no uphold This headnote does not form part of the decision. Summary [1] An interview with actor Matt Damon while visiting Sydney was included in an item on 3 News broadcast by TV3 between 6. 00 – 7. 00pm on 28 August 2002. The interview included two fight scenes from his recent film "The Bourne Identity"....

Decisions
Thomas and The Radio Network Ltd - 2004-205
2004-205

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comments regarding the beheading of hostages in Iraq – allegedly breached good taste and decency FindingsPrinciple 1 (good taste and decency) – presenter’s comments light-hearted look at serious issue – common practice in broadcast media – no intent to minimise gravity of subject matter – no obscene language or macabre detail employed – not in breach of good taste and decency standard – not upheld This headnote does not form part of the decision. Broadcast [1] At about 6. 53am on 22 September 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) began a segment about the beheading of hostages in Iraq. At the time of the broadcast, British man Kenneth Bigley had been captured by terrorists in Iraq....

Decisions
Field and Television New Zealand Ltd - 2011-027
2011-027

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989IRB Sevens World Series – presenter used the term “MILFs” – allegedly in breach of broadcasting standards FindingsStandard 1 (good taste and decency) – “MILFs” used in a light-hearted and jovial manner – not explained or elaborated on – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During the IRB Sevens World Series, broadcast on TV One at 7. 30pm on Saturday 5 February 2011, the presenter stated: I can tell you in your absence it’s going off. The party is absolutely awesome. It’s all in good fun, good clean fun as well. I did pop out there, I got snogged by a couple of MILFs and I was also issued a fine by some police officers wearing only Speedos, let’s not go into that....

Decisions
Smith and The Radio Network - 2011-089
2011-089

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Breakfast Show – host joked “Who wants to stick their finger up Dean’s arse? ” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – humour used to convey important message about men’s health to target audience – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Breakfast Show, broadcast on Radio Hauraki between 6am and 9am on Tuesday 14 June 2011, one of the hosts Dean stated, “Alright, so the call is going to go out this morning for a doctor for Men’s Health Week”, and his co-host Nick joked, “Who wants to stick their finger up Dean’s arse?...

Decisions
Swinerd and TVWorks Ltd - 2012-030
2012-030

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Homeland – programme contained brief nudity and sex scene – pre-broadcast warning for “sexual material” – allegedly in breach of good taste and decency, and responsible programming standards FindingsStandard 1 (good taste and decency) – warning for “sexual material” was adequate to cover the content in the programme – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified and preceded by an adequate warning – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Homeland, a drama series in which the CIA investigates a possible terrorist threat, was broadcast on TV3 at 8. 30pm on 20 February 2012. At approximately 8. 50pm a woman was shown topless, being interviewed to be part of a Saudi prince’s harem....

Decisions
Rape Prevention Group Inc and The RadioWorks Ltd - 2000-003, 2000-004
2000-003–004

Summary The words "stick my hard dick up your butt" were reported by the complainant to have been used by an announcer on The Rock at around 10. 20pm on 20 July 1999. The complainant reported that the same announcer used the words "in between the legs" in the course of a discussion about an eclipse of the moon, during the evening of 28 July 1999. The Rape Prevention Group Inc. complained to The RadioWorks Ltd, the broadcaster, that it had breached Principles 1 and 7 of the Radio Code of Broadcasting Practice. The Rape Prevention Group maintained that the two comments were offensive and harmful to women. It said that being referred to as sex objects and "mere bodies" degraded women. The broadcaster responded that The Rock was targeted at a male audience aged between 18-39 years and that its style appealed to large numbers of that group....

Decisions
Wilson and Television New Zealand Ltd - 2013-069
2013-069

Summary [This summary does not form part of the decision. ]A One News item reported highlights of the ‘2013 MTV Video Music Awards’ and included footage of a female artist, Miley Cyrus, performing a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was inappropriate for broadcast during the news. The footage, while not to everyone’s taste, was relatively brief in the context of the item, which featured a number of highlights, and gave a flavour of what had occurred without being gratuitous. The inclusion of the footage was relevant in illustrating why the performance had generated worldwide media attention. Overall, the item was acceptable in the context of an unclassified news programme targeted at adults....

Decisions
McElroy and Pryor and Television New Zealand Ltd - 1993-098, 1993-099
1993-098–099

Download a PDF of Decision No. 1993-098–099:McElroy and Pryor and Television New Zealand Ltd - 1993-098, 1993-099 PDF802. 78 KB...

Decisions
Smits and Television New Zealand Ltd - 1994-116
1994-116

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 116/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Casey and The Radio Network Ltd - 2003-053
2003-053

ComplaintRadio Sport – talkback discussion about New Zealand cricket team’s performance at the World Cup – caller suggested host was overly critical of the team – host’s response – abusive – unfair – sexist FindingsPrinciple 1 – subsumed Principle 5 – sports talkback is robust – no uphold Principle 7, Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] The New Zealand cricket team’s performance at the World Cup was discussed on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 15 March 2003 hosted by Doug Golightly. One woman caller suggested to the host that he was overly critical of the team. The host advised the caller to return to domestic duties....

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