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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-176 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – after an item about duck hunting maimais, the news presenter stated “a man needs his cave” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – complainant mistaken – broadcaster’s response adequate – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6. 55pm on Friday 2 May 2008, reported on a group of duck-hunting “Southern men” who held an annual award ceremony for the best maimai (a camouflaged construction that shelters and hides duck hunters). The item looked at two different maimais, one consisting of a raised camouflaged caravan, and the other a small house-like structure that had running water, beer on tap and SKY television....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....

SummaryIn an item on Morning Report broadcast on 12 August at 7. 28am, the presenter suggested to an investment advisor, when he was interviewed about the possible sale of the Wellington Airport, that potential buyers would "have to be blind" to think the sale was not a political minefield. Mr Mosen complained to Radio New Zealand Ltd that he, as a blind person, found the comment highly offensive, as it equated blindness with stupidity. He maintained that it was distressing and unhelpful to have ignorant and inaccurate perceptions about blindness reflected by a current affairs presenter. He sought an apology. RNZ defended the use of the phrase which it asserted was used in a colloquial sense and also a metaphorical sense, and maintained that the meaning of the figurative use was perfectly clear....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-044 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryThe arrest of Headhunter gang members was covered in an item broadcast on 3 News on 11 December 1998. Russell Gillies complained to TV3 Network Services Limited, the broadcaster, that because the item had shown footage of gang members giving the camera, and therefore the viewer, "the fingers", it had failed in its responsibility to maintain standards of good taste and decency. Mr Gillies described the gesture as a defiant act which was intended to be an insult, and argued that the inclusion of it in the item was offensive. TV3 advised Mr Gillies that after viewing the item, and examining the context in which "the fingers" symbol was shown, it had concluded that currently accepted norms of decency and taste had not been breached. Dissatisfied with TV3’s decision, Mr Gillies referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintAmerican Commandos – documentary about training of Green Beret soldiers – young woman "assassinated" in training exercise – unsuitable for children – unnecessarily graphic – broadcast prior to rugby matchFindingsStandard G2 – in context of soldier training – no uphold Standard G12 – broadcast prior to important rugby match – when viewed out of context, unsuitable for children – majority uphold Standard V8 – no uphold Standard V12 – not violent or distressing as contemplated by the standard – no uphold Standard V16 – not applicable – no uphold Standard V17 – not gratuitous – no uphold This headnote does not form part of the decision. Summary A documentary entitled American Commandos was broadcast on TV3 on 5 August 2000 beginning at 2. 30pm. Soldiers training to be "Green Berets" were shown completing a number of exercises, including urban warfare training and hand-to-hand combat....

Complaint under s. 8(1)(b) of the Broadcasting Act 1989 "Threat" by hip hop artist Jay-Z – lyrics include references to “niggers”, “shit” and “fuck” – alleged breach of good taste and decencyFindings Principle 1 (good taste and decency) and Guideline 1a – broadcaster removed song from play list – tantamount to acknowledgement that song breached standards – action taken sufficient – decline to determine standards complaintThis headnote does not form part of the decision. Broadcast [1] The song Threat by hip hop artist Jay-Z was broadcast on Radio Active 89FM at around 9. 10am on Tuesday 17 February 2004. Complaint [2] Michael O’Callaghan complained to Radio Active Ltd, the broadcaster, that he had heard a song broadcast at around 9. 10am which contained “the most explicit, disgusting and inappropriate obscene lyrics I have ever heard on public radio”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host broadcast phone calls recorded at 3. 30am Australian time to Australian residents with horse racing-related surnames to ask for betting tips for the Melbourne Cup – allegedly in breach of privacy and good taste and decency Findings Standard 1 (good taste and decency) – childish prank intended to be humorous – did not threaten standards of good taste and decency – not upheld Standard 3 (privacy) – people phoned were not identifiable – no private facts disclosed – not upheld This headnote does not form part of the decision. Broadcast [1] During The Edge Morning Madhouse, broadcast on The Edge on the morning of Tuesday 3 November, one of the hosts noted that the Melbourne Cup was “the race that stops the nation”, but questioned whether it might be “the race that wakes the nation”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item looked at trial of prison inmate charged with taking a female prison officer hostage and sexually assaulting her – showed Crown prosecutor telling the court that the inmate had shown the officer a note which referred to oral sex and had sniffed a sanitary disposal unit – 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] An item on 3 News, broadcast on TV3 at 6pm on 12 May 2008, reported on the trial of a prison inmate who was facing five charges, including kidnapping and sexual assault, after taking a female prison officer hostage. The reporter stated that he had “barricaded the door and began to talk about sex and was visibly aroused”....

The Authority has not upheld a complaint about the use of food in an episode of Taskmaster NZ, a game show in which comedians are tasked with completing strange and whacky challenges. The complaint was that the wastage of food and playing with food was offensive and disrespected tikanga. The Authority found in the context of a game show intended to be entertaining and humorous, the content did not undermine community standards or cause harm that justified limiting the broadcaster’s right to freedom of expression. The Authority noted that the broadcaster acknowledged the complainant’s concerns relating to tikanga and had discussed this with its content team. Not Upheld: Good Taste and Decency...

The Authority has not upheld a complaint a news item about sex workers and escorts opening up about their work on social media breached the good taste and decency, children’s interests and programme information standards. The Authority noted the public interest in the broadcast and considered the content was within audience expectations for the news. In this context, the Authority found the item was unlikely to cause widespread offence or undermine community standards. The Authority also found the introduction to the item was sufficient to inform viewers of the nature of the coverage, enabling them to adequately protect themselves and their children from the content by choosing not to watch. Not Upheld: Good Taste and Decency, Children’s Interests, Programme Information...

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

During the programme Tim Roxborogh & Tim Beveridge Afternoons, the hosts discussed Russia’s recent invasion of Ukraine. In response to Roxborogh’s question of ‘how do you stop Putin? ’ Beveridge answered that the only thing would be ‘…a bullet to the back of Putin’s head. He has to be taken out by someone. ’ The complainant alleged that these comments breached the good taste and decency, violence, law and order, and fairness standards as they incited violence. The Authority did not uphold the complaint, finding the comments did not reach a threshold justifying regulatory intervention. In particular, the Authority noted the comments did not amount to a threat or call to action, were not likely to incite action against President Putin, and were made in the context of a discussion about President Putin’s invasion of Ukraine, which has led to significant loss of life and the displacement of Ukrainians....

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Summary[This summary does not form part of the decision. ]A campaign advertisement for the Ban 1080 Party (an election programme for the purposes of the Election Programmes Code) was broadcast at 5. 20pm on 9 September 2017 on Prime, during a G-classified fishing programme, Addicted to Fishing. The advertisement featured a voiceover discussing the purported use and effects of sodium fluoroacetate (1080 poison) on New Zealand’s fauna, in particular deer. The advertisement included a number of close-up images of dead deer allegedly poisoned by 1080, some of which appeared to be frothing at the mouth. A complaint was made that the broadcast of these images at a time when children may be watching was upsetting and inappropriate, in breach of the good taste and decency standard (which applies under Standard E1 of the Election Programmes Code)....

The Authority has not upheld a complaint about an episode of Shortland Street that included scenes of a man injecting another against his will, removing one of his organs, then drinking alcohol from a glass with a bloodied glove. In the context, including the programme’s nature, classification and intended audience, the Authority found the episode was unlikely to have caused widespread undue offence or distress, or undue harm to child viewers. Not Upheld: Good Taste and Decency, Children’s Interests...

Summary[This summary does not form part of the decision. ]A promo for Jono and Ben showed a parody of the Biblical event the Last Supper, in which the 'disciples' complained that 'Jesus' brought bread to dinner when 'Simon' and 'Paul' were 'gluten-free'. The Authority did not uphold a complaint that the promo was offensive to Christians. Light-hearted satire of religious figures is a legitimate exercise of the right to freedom of expression. This particular skit was not malicious and did not threaten norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] A promo for Jono and Ben showed a parody of the Biblical event the Last Supper, in which the 'disciples' complained that 'Jesus' brought bread to dinner when 'Simon' and 'Paul' were 'gluten-free'. [2] Lois Durward complained that the promo was offensive to Christians, especially as it was shown during the week before Easter....

Summary [This summary does not form part of the decision. ] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters, including cheese ‘made of milk with human toe jam and belly button bacteria’. The Authority did not uphold the complaint that this was offensive and breached standards of good taste and decency. While some viewers would have found the subject matter unpleasant and distasteful, it did not threaten current norms of good taste and decency to an extent which breached the standard. Not Upheld: Good Taste and Decency Introduction [1] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters. Commenting on a picture of a round of cheese, one presenter said: This cheese might look delicious – like a good aged brie perhaps. Wrong....