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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-107 Dated the 24th day of September 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 LTD S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon series – contained sexual references – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy cartoon Futurama was broadcast on C4 at 7pm on Wednesday 27 May 2009. The show revolved around the main character Fry, who was cryogenically frozen in 1999 and then thawed 1,000 years later. The episode began with a flashback to New York in 1999 and showed Fry delivering a pizza to the local television station, which was showing a fictional programme called Single Female Lawyer....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

ComplaintHavoc and Newsboy’s Sell Out Tour 2 – allegations about public relations companies – offensive language – inaccurate – unbalanced, biased and unfair FindingsStandard G1 – subsumed Standard G2 – no uphold Standard G4 – serious allegations made – no acknowledgment that they were contestable – uphold Standard G6 – subsumed OrderBroadcast of statement This headnote does not form part of the decision. Summary A sequence broadcast during the satirical programme Havoc and Newsboy’s Sell Out Tour 2 on TV2 on 15 August 2000 beginning at 9. 30pm, contained an interview with political activist Nicky Hagar. Mr Hagar made a number of claims about the public relations industry. Among references to various public relations companies, Mr Hagar named Hill & Knowlton, an international company operating in New Zealand, as being responsible for putting a favourable spin on America’s involvement in the Gulf War....

ComplaintTipping the Velvet – promo – "lesbian sex scenes" – 7. 30pm – offensive – unsuitable for children FindingsStandard 1and Guideline 1a – context – no uphold Standard 9 – not alarming or distressing for children – majority – no uphold This headnote does not form part of the decision. Summary [1] Scenes and dialogue of an intimate nature between females from the television drama, Tipping the Velvet, were broadcast in a promo on TV One at 7. 30pm on Sunday 4 May 2003. [2] Robin Watson complained to Television New Zealand Ltd, the broadcaster, that the promo contained lesbian sex scenes which were entirely unsuitable for child viewers and, therefore, inappropriate for broadcast during family viewing time....

SummarySome highlights from mid-week programmes were played on 91. 9FM Napier on 15 November 1998, a Sunday afternoon. One extract contained the following exchange: "I work for Cunard", to which the reply was "I work fuckin’ ’ard too, but I still can’t afford a car like that! "Mr Leitch complained to the station that the extract was highly offensive. Not only was the extract broadcast live at some time during the week when there might have been an excuse that it "slipped through", he said, but it was repeated as something the broadcaster was proud of. The station responded that Mr Leitch’s comments had been duly noted and acted upon. It offered its apologies for any distress the broadcast might have caused him. Dissatisfied with the decision, Mr Leitch referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Nine to Noon – item was part five of a 15-part reading of the novel “The Captive Wife” – the reading contained language of a sexual nature – allegedly in breach of good taste and decency  Findings Standard 1 (good taste and decency) – contextual factors – not upheld (This headnote does not form part of the decision. ) Broadcast [1]  On Friday 10 August 2007 at 10. 45am, Nine to Noon, broadcast on Radio New Zealand National, featured a reading from the novel “The Captive Wife” by Fiona Kidman. The novel was based on the lives of Jacky and Betty Guard, and events which took place in 19th century New Zealand. The reading was approximately 13 minutes long and was part five of a 15-part series....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Sports Tonight – words “tough” and “disconnect” allegedly used by presenters – allegedly in breach of good taste and decency, law and order, and privacy Findings Standards 1 (good taste and decency), 2 (law and order) and 3 (privacy) – adequate response from broadcaster – use of the words did not threaten broadcasting standards in any way – not upheld This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Friday 25 September 2009. Sports Tonight was broadcast on TV3 at 11pm on Wednesday 30 September 2009....

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....

Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with a British comedy writer and producer. Following a discussion about causing offence to audiences, the interviewee recalled his time as a radio host and a complaint he received from the Bishop of Oxford about a crucifixion joke. He could not remember the joke, and the presenter invited listeners to ‘. . . send in a series of very funny jokes about the crucifixion to see if we can approximate it’. The Authority did not uphold a complaint that the presenter’s remark was against common decency and offensive to Christians. The remark was not intended to trivialise or make light of the act of crucifixion or the crucifixion of Jesus Christ, and did not reach the threshold necessary to encourage discrimination against, or denigration of, the Christian community....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about an interview between Checkpoint’s John Campbell and former United States television personality, Matt Lauer, who at the time was involved in controversy regarding public access to his New Zealand property. The complainant alleged that Mr Campbell unfairly emphasised the New Zealand Overseas Investment Office’s (OIO) reassessment of Mr Lauer under its ‘good character test’, and later made false allegations about who had initially raised this topic. The Authority found that the circumstances of the OIO’s assessment were directly relevant to the discussion and that this was raised again later in the interview by Mr Lauer himself. Mr Lauer was given ample opportunity during the interview to present his perspective on his treatment by New Zealand media and the issue of foreign land ownership and public access....

A complaint that a segment on The Breakfast Club, on More FM, where the hosts made jokes and puns about a woman who died after being pecked by a rooster, breached the good taste and decency standard has not been upheld. The Authority found that, while the comments were insensitive and had the potential to cause offence to family of the deceased, the programme as a whole did not reach the threshold required to justify a restriction on the broadcaster’s right to freedom of expression. The Authority found that, considering the context of the item (including the target audience of More FM and the audience expectations surrounding The Breakfast Club and its hosts) and the tone of the item, the item did not undermine widely shared community standards and was unlikely to cause widespread undue offence or distress. Not upheld: Good taste and decency...

The Authority has not upheld a complaint about a 1 News item recapping the match between champion heavyweight boxers Tyson Fury and Deontay Wilder. The broadcast was within audience expectations of sports reporting and footage of the knockout punch was justified in the context of a boxing match. The Authority did not consider the broadcast of this sporting event promoted, glamorised or condoned criminal or serious antisocial activity. Not Upheld: Good Taste and Decency, Violence, Law and Order...

Summary [This summary does not form part of the decision. ]In a ‘Showbiz news’ segment on MORE FM Breakfast, a joke was made about the marriage breakup of Kim Dotcom and his wife. The Authority did not uphold the complaint that the joke breached standards of good taste and decency. It was light-hearted and humorous and typical of breakfast radio, and the Dotcoms could reasonably expect some coverage of their breakup. Not Upheld: Good Taste and DecencyIntroduction[1] In the ‘Showbiz news’ segment on MORE FM Breakfast, one of the hosts made a joke about the marriage breakup of Kim Dotcom and his wife. The comments were broadcast on MORE FM on 19 May 2014 at 7. 30am. [2] Colin Foster made a formal complaint to MediaWorks Radio Ltd (MediaWorks), arguing that the comments were inappropriate for a public media platform....

SummaryThe Authority has not upheld a complaint about a promo for Body Fixers, which included a brief shot of a woman exposing her hairy lower stomach area to a team of beauty therapists. The complainant initially complained to the broadcaster that the promo showed a man exposing his pubic hair. The Authority viewed the promo broadcast at the date and time identified by the complainant, and was satisfied that the promo showed a woman lifting her shirt to expose her lower stomach area, rather than a man pulling down his pants to show his pubic hair. The Authority nevertheless went on to consider the promo against the good taste and decency standard, finding that, in the context of a programme about beauty therapy, the fleeting shot of lower stomach body hair was unlikely to cause undue or widespread offence and distress....

Summary[This summary does not form part of the decision. ]During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. The Authority did not uphold a complaint that the use of 'twat' was inappropriate for a breakfast show. The comment was within audience expectations of the host's well-known style of presentation and humour, and unlikely to disturb or offend a significant number of viewers in the context of a news and current affairs programme aimed at adults. Not Upheld: Good Taste and DecencyIntroduction[1] During a segment on Paul Henry the host referred to those involved in the Flag Consideration Project as a 'bunch of twats'. [2] Iain Wiseman complained that the use of the word 'twat' was inappropriate for a breakfast show when children were likely to be watching....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 108/94 Dated the 7th 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...

Summary[This summary does not form part of the decision. ]During Kerre McIvor & Mark Dye Afternoons, the hosts had a conversation about tipping in the United States. They discussed a story told by a talkback caller, who said that a church published a Bible pamphlet to be used instead of a monetary tip. One host, who appeared to be reading from the pamphlet, said, ‘Some things are better than money, like your eternal salvation that was bought and paid for by Jesus,’ to which the other host responded by making a vomiting sound. The Authority did not uphold a complaint that the vomiting sound made by the host was offensive to Christians and all those who hold religious beliefs. The Authority acknowledged that the host’s reaction would have caused offence to some listeners....