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Browne and TV3 Network Services Ltd - 1997-026
1997-026

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-026 Dated the 20th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DIANNE BROWNE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Lane and Television New Zealand Ltd - 1992-094
1992-094

Download a PDF of Decision No. 1992-094:Lane and Television New Zealand Ltd - 1992-094 PDF1. 36 MB...

Decisions
Kittel and Television New Zealand Ltd - 2017-024 (26 May 2017)
2017-024

Summary[This summary does not form part of the decision. ]An episode of Friends featured Rachel discussing a dream in which she and Chandler had sex, and later telling the group she had a dream about her, Chandler and Joey. Monica was dating Ethan, who claimed to be a senior in college and revealed that he was a virgin. The couple were shown kissing on the couch and then lying in bed together, when it was revealed that Ethan was in fact a senior at high school. The Authority did not uphold a complaint that this episode breached the good taste and decency standard by containing sexual material unsuitable for children at the broadcast time of 4. 30pm. Any visual sexual content was implied and verbal references to sex amounted to innuendo which was unlikely to be understood or imitated by younger viewers....

Decisions
Anderson and Television New Zealand Ltd - 2004-224
2004-224

Diane Musgrave declared a conflict of interest and did not participate in the Authority’s determination of the complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Documentary entitled Murder on the Blade?...

Decisions
Commissioner for Children and 7 Others and Television New Zealand Ltd - 1999-093–1999-101
1999-093–101

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

Decisions
Baker and 4 Others and TVWorks Ltd - 2007-129
2007-129

Complaints under section 8 of the Broadcasting Act 1989Californication – programme contained swear words, discussions of sexual themes, sex scenes (including one involving violence) and implied teenage drug use – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language was legitimate for a challenging drama – sex scenes and dialogue concerning sexual themes were integral to the storyline – teenage drug use was implied – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Californication was broadcast on TV3 at 9. 30pm on 8 November 2007. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Hank was suffering from writer’s block and was struggling to raise his 12-year-old daughter, while still holding strong feelings for his ex-girlfriend, Karen, the mother of his daughter....

Decisions
Parre and CanWest RadioWorks Ltd - 2005-016
2005-016

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Pacific – talkback segment discussing Ahmed Zaoui – host said “I don’t care if we shoot him and send him out in a dog food can” – several other statements relating to Mr Zaoui’s activities – allegedly in breach of good taste and decency and inaccurateFindings Principle 1 (good taste and decency) – context – not upheldPrinciple 6 (accuracy) – decline to determine accuracy of one statement – two statements inaccurate – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] A talkback segment on Radio Pacific in the early evening on 11 November 2004 discussed the Algerian refugee Ahmed Zaoui. The host expressed strong views that Mr Zaoui should leave New Zealand, and said “I don’t care if we shoot him and send him out in a dog food can”....

Decisions
Credo Society Inc and Access Community Radio Inc - 1994-078
1994-078

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 78/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INCORPORATED of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INCORPORATED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Hutt and Television New Zealand Ltd - 2009-103
2009-103

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Trinny and Susannah: The Great British Body – large group of naked British people formed a sculpture of a naked person – contained full frontal nudity – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – nudity was matter-of-fact and non-sexual – programme aimed to convey uplifting message about people accepting their bodies – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The final episode of Trinny and Susannah: The Great British Body was broadcast on TV One at 2pm on Saturday 25 July 2009. Throughout the series, style gurus Trinny and Susannah had travelled across Britain talking to people about their naked bodies, with the aim of changing the way Britons viewed their bodies and celebrating the qualities that made each of them unique....

Decisions
Findlay and Television New Zealand - 2008-032
2008-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rome – two episodes contained offensive language – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – language was gratuitous and could have been edited without affecting the storyline – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] Two episodes of the historical drama Rome were broadcast on TV One at 10. 25pm on 13 January and at 11. 10pm on 3 February 2008. The 13 January episode contained the following lines: Caesar would’ve fucked Medusa if she’d had a crown. Nice manners, for a whore. Your son will eat shit and die before I make him legal. [I swear] on Juno’s cunt. I am a son of Hades! I fuck Concord in her arse! You can tell your lawyer to shove a taper up his arse and set himself alight....

Decisions
Faber and Noble and Television New Zealand Ltd - 1997-151, 1997-152
1997-151–152

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-151 Decision No: 1997-152 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by W G FABER of Gore and C B NOBLE of Wanganui Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Paton and 95bFM - 1996-068
1996-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-068 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HELEN PATON of Auckland Broadcaster 95 bFM (AUCKLAND) J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Denham and CanWest TVWorks Ltd - 2006-071
2006-071

Complaint under section 8(1)(a) of the Broadcasting Act 1989Intellectual Property – video clip showed people in a laundromat using washing machines and dryers for unorthodox purposes – showed a boy taking a dog out of a washing machine and placing it into a dryer – allegedly in breach of good taste and decency, children’s interests and violence standardsFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – not broadcast during “children’s normally accepted viewing times” – standard does not apply – not upheld Standard 10 (violence) – placing dog in a dryer was not an act of violence to which the standard applies – not upheldThis headnote does not form part of the decision. Broadcast [1] The video clip for a song entitled “The Blues are Still Blue”, by Belle and Sebastian, was broadcast on C4 on Intellectual Property at approximately 10....

Decisions
Fippard and The Radio Network Ltd - 2005-019
2005-019

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback discussion on the Queen’s refusal to attend the civil wedding ceremony for the Prince of Wales – host said “she’s a heartless wench through and through” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – comment light-hearted expression of opinion – no obscene language – not upheldThis headnote does not form part of the decision Broadcast [1] The subject of whether the Queen would attend the wedding of Prince Charles and Camilla Parker-Bowles was discussed on the Newstalk ZB talkback programme at approximately 10. 30pm on 23 February 2005. A male caller explained that, while the Queen would attend the religious blessing of the couple, she could not attend the civil wedding ceremony. The host ended the conversation saying “she’s a heartless wench through and through”....

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
McClean and TVWorks Ltd - 2007-137
2007-137

Complaint under section 8(1)(a) of the Broadcasting Act 19893 News – item on the sentencing of convicted rapist Roger Kahui included a brief re-enactment showing actor forcing entry into victim’s home – allegedly in breach of good taste and decency, law and order, programme information, children’s interests and violence standards Findings Standard 1 (good taste and decency) – item made it clear to viewers that it was a re-enactment – stylised dramatisation – contextual factors – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item was brief – unlikely to disturb child viewers – not upheld Standard 10 (violence) – broadcaster exercised sufficient care and discretion – not upheld Standard 8 (programme information) – standard not relevant – not upheld This headnote does not form part of the decision.…...

Decisions
Wyber and Radio New Zealand Ltd - 1997-137
1997-137

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-137 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WILLIAM J WYBER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Harang and Television New Zealand Ltd - 1998-004
1998-004

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-004 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Harrison and Television New Zealand Ltd - 2009-061
2009-061

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds promo – featured a woman unbuttoning her shirt to reveal her bra – implied she was a prostitute who had been killing her clients – allegedly in breach of good taste and decency, accuracy, programme classification and children's interests standards Findings Standard 7 (programme classification) and Standard 9 (children's interests) – promo contained adult themes – not suitable for child viewers or for broadcast during the news – PGR classification incorrect – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standards 7 and 9 Standard 5 (accuracy) – not a news, current affairs or factual programme – not applicable – not upheld No Order This headnote does not form part of the decision. Broadcast [1] A promo for the crime drama Criminal Minds was broadcast on TV One at 6....

Decisions
Christini and RadioWorks Ltd - 2009-142
2009-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – song called “Fuck You” by Lily Allen was broadcast during the afternoon – the “F” in “fuck” was muted – host explained that the word obscured in the song began with “f” and ended in “u, c, k” – allegedly in breach of good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – “fuck” inadequately censored – use of the expletive during children’s normally accepted listening times unacceptable – host’s spelling out of the word “fuck” irresponsible – upheld Standard 8 (responsible programming) – broadcaster was not sufficiently mindful of the effect the programme content would have on children – upheld No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Fuck You” by singer Lily Allen was broadcast on The Edge at 3....

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