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Decisions
McKay and Television New Zealand Ltd - 1991-028
1991-028

Download a PDF of Decision No. 1991-028:McKay and Television New Zealand Ltd - 1991-028 PDF318. 05 KB...

Decisions
Barratt-Boyes and The Radio Network Ltd - 2014-043
2014-043

Summary [This summary does not form part of the decision. ]During the Classic Hits Breakfast Show the hosts played an audio clip from an American talk show, of a celebrity discussing his sex life before he got married. The Authority did not uphold the complaint that this breached standards of good taste and decency, taking into account the context, including the station’s target audience of 35 to 54-year-olds, and that the content was consistent with audience expectations of breakfast radio shows. Not Upheld: Good Taste and DecencyIntroduction[1] During the Classic Hits Breakfast Show the hosts played an audio clip from an American talk show, of a celebrity discussing his sex life before he got married. The item aired at 8. 10am on Friday 4 April 2014....

Decisions
Brennan and MediaWorks Radio Ltd - 2015-029
2015-029

Summary[This summary does not form part of the decision. ]The hosts of the Jay-Jay, Mike and Dom show interviewed an eliminated contestant from The Bachelor about her experience on the show. At the end of the item, one of the hosts introduced the new 'Bachelorette game show' titled, 'What's your cucumber number? ' The premise was for contestants to put cucumbers into their mouths and bite down. Whichever contestant could bite down the farthest along the cucumber would be the winner. The Authority did not uphold the complaint that this was demeaning to women and unsuitable for children. The broadcast was not outside audience expectations of the station and breakfast radio shows generally, and the innuendo would have gone over the heads of most children....

Decisions
Kelcher and Prime Television New Zealand Ltd - 2003-018, 2003-019
2003-018–019

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Decisions
Niumata and Television New Zealand Ltd - 2002-166
2002-166

ComplaintBehind the Scenes – Ali G in da house – offensive behaviour FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] The programme Behind the Scenes – Ali G in da house was broadcast on TV 2 at 10. 45pm on 16 July 2002. [2] Angela Niumata complained to Television New Zealand Ltd, the broadcaster, that the programme included a sequence where the main character performed a suggestive and offensive act upon another character. [3] In declining to uphold the complaint, TVNZ said that in the context of adult comedy, the scene complained about did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Ms Niumata referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
McNaughton and Prime Television New Zealand Ltd - 2005-109
2005-109

Complaint under section 8(1)(a) of the Broadcasting Act 1989A Thing Called Love – promo – AO rated programme – promo screened at 7. 10pm – PGR time band – host programme rated G – allegedly offensive, contrary to children’s interests and incorrectly classifiedFindingsStandard 1 (good taste and decency) – context – not upheld Standard 7 (programme classification) – PGR-rated promo broadcast during G-rated host programme in breach regardless of time band – upheld Standard 9 (children’s interests) – majority – PGR rating acknowledged children’s interests – minority – promo should have been rated AO – not upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] A promo for the AO-classified programme, A Thing Called Love, was screened on Prime Television around 7. 10pm on 19 August 2005, during the PGR time band....

Decisions
Stancombe and Television New Zealand Ltd - 2004-060
2004-060

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Coke Countdown – music video – “Toxic” by Britney Spears – allegedly bad taste and unsuitable for childrenFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – not upheld Standard 9 (children’s interests) and Guidelines 9a and 9d – PGR viewing time – not upheld This headnote does not form part of the decision. Broadcast [1] The music video “Toxic” by Britney Spears was broadcast on Coke Countdown on TV2 at 9. 00am on 22 February 2004. Complaint [2] Rick and Suzanne Stancombe complained to Television New Zealand Ltd, the broadcaster, that the music video was in “poor taste” and that “children should not be subjected to this sort of indecency”....

Decisions
Watts and CanWest RadioWorks Ltd - 2004-105
2004-105

Complaint under section 8(1)(a) of the Broadcasting Act 1989"Let’s Get Retarded" by Black Eyed Peas – song – allegedly offensive – alleged discrimination against people with disabilitiesFindings Principle 1 (good taste and decency) – context – not upheld Principle 7 (discrimination) – song did not encourage discrimination – not upheldThis headnote does not form part of the decision. Broadcast [1] The song “Let’s Get Retarded” by Black Eyed Peas was broadcast on The Edge at various times between 8. 15am and 10. 12pm between 12 and 24 May 2004. Complaint [2] Gary Watts complained to The Edge about the “offensive and discriminatory” song lyrics. He commented: There is reference to epilepsy and other specific disabilities in this particular song (lyrics) which has seriously upset, offended and adversely affected many people listening to your great radio broadcasts....

Decisions
Smith and Television New Zealand Ltd - 2007-142
2007-142

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – skit clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 10 September 2007, featured a skit of the Campbell Live show in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin. During the skit, the actor playing the stingray discussed how he had not meant to kill Mr Irwin, and coughed up a piece of khaki clothing (Mr Irwin’s regular attire)....

Decisions
Watts and Television New Zealand Ltd - 2005-029
2005-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News item – visit to Wellington by Prince Charles – two topless women protesters shown – allegedly in breach of good taste and decency and children’s interestsFindingsStandard 1 (good taste and decency) – context – 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 8 March 2005 reported on the visit to Wellington by Prince Charles. The item included a public function which had been disrupted by two women protesters, both of whom were topless. Complaint [2] Alexander Watts complained to Television New Zealand Ltd, the broadcaster, that the item had not maintained standards consistent with the observance of good taste and decency or children’s interests....

Decisions
Watkins and The RadioWorks Ltd - 2001-071–084
2001-071–084

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Decisions
Robbins and Bright and The Beach 94.6FM - 2004-108, 2004-109, 2004-110, 2004-111
2004-108–111

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Decisions
Hind and Television New Zealand Ltd - 2004-200
2004-200

Complaint under section 8(1)(a) of the Broadcasting Act 1989Flipside – findings of a global survey examining sexual behaviour - frequency of sexual intercourse in various countries – allegedly in breach of good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – delivered in the context of a serious message – not presented in a salacious manner – not upheld Standard 9 (children’s interests) – targeted at teenage audience – unlikely to appeal to younger viewers – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Flipside screened on TV2 at 5pm on 13 October 2004. Flipside is a programme targeted at a teenage audience and discusses issues of relevance to youth. An item introduced the findings of the 2004 Durex Global Sex Survey which examined sexual behaviour in various countries....

Decisions
Calvert and Triangle Television Ltd - 2003-047
2003-047

Complaint Issues 101 – gay movie – screened during gay television festival at 8. 30pm – scenes depicting oral and anal sex – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – depiction prolonged and graphic – offensive – majority upholdStandard 9 and Guidelines 9b and 9c – offensive scene broadcast before 9pm on Saturday – unsuitable for children – unanimous uphold OrderBroadcast of Statement This headnote does not form part of the decision. Summary [1] Issues 101 was a film broadcast by Triangle Television Ltd at 8. 30pm on Saturday 1 March 2003. The film which was preceded by a warning, and classified AO, formed part of a gay television festival and included scenes depicting oral and anal sex....

Decisions
Arnold and The Radio Network Ltd - 2004-045
2004-045

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

Decisions
Harang and Television New Zealand Ltd - 2005-018
2005-018

Complaint under section 8(1)(a) of the Broadcasting Act 1989Item on Close Up looking at the nudist lifestyle – reporter visited a nudist camp – allegedly in breach of standards relating to good taste and decency and children’s interestsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – item not harmful to children – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] An item broadcast on Close Up on TV One at 7pm on 1 February 2005 used the occasion of the “nude Olympics” to look into the nudist lifestyle....

Decisions
Family First New Zealand and TVWorks Ltd - 2010-094
2010-094

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on closure of Gardies, a well-known student pub in Dunedin – 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 non-sexual – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Nightline, broadcast on TV3 at 10. 39pm on Friday 18 June 2010, reported on the closure of a well-known student pub in Dunedin, The Garden Tavern, known as Gardies. The reporter stated that nudity had been a “big chapter in the bar’s history”, and approximately one minute into the item a group of young men were shown playing nude rugby outside the bar. The men were filmed running towards the camera, exercising and stretching, with their genitalia visible....

Decisions
Potts and Television New Zealand Ltd - 2000-060
2000-060

Complaint Marae – live broadcast of Aotearoa Traditional Performing Arts Festival – haka – whakapohane – nudity – buttocks – testicles – offensive behaviour FindingsStandard G2 – brief – indistinct – modified version of traditional Maori challenge – no uphold This headnote does not form part of the decision. Summary A special edition of Marae which was broadcast live from the "Aotearoa Traditional Performing Arts Festival" screened on TV One from 8. 30am until midday on 6 February 2000. Mr Potts complained to Television New Zealand Ltd, the broadcaster, that a haka performed during the programme was "grossly offensive". He objected to what he considered were close up shots of male performers’ naked buttocks and testicles. TVNZ responded that the footage had not been as explicit as Mr Potts had described....

Decisions
Madsen and TVWorks Ltd - 2011-023
2011-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Glee promo – male character in a wheelchair said, “I want to be very clear, I still have the use of my penis” – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – majority of the content was fun and cheerful – sexual innuendo would have gone over the heads of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Glee, a musical comedy series, was broadcast on TV3 at 9. 45am on 13 January 2011, during The Biggest Loser Australia, which was rated G. Most of the promo showed characters singing and dancing. Near the end of the promo, a boy in a wheelchair was shown saying to a girl, “I want to be very clear....

Decisions
TW and Television New Zealand Ltd - 2011-075
2011-075

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Claim Game – profiled story behind insurance claim involving car accident in which driver died – included re-enactment of crash and footage of car – allegedly in breach of standards relating to good taste and decency, privacy and accuracy Findings Standard 3 (privacy) – privacy standard does not apply to deceased individuals – complainant and her family members not identified – no private facts disclosed about complainant or her family members – item focused on retrieval of car for insurance purposes and not the driver so disclosure of information would not be considered highly offensive to objective reasonable person – not upheld Standard 5 (accuracy) – computer graphic not a material point of fact – graphic clearly speculative – not upheld Standard 1 (good taste and decency) – investigator’s comments directed at car retrieval and how expensive it was – not directed at driver…...

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