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Decisions
Foster and Television New Zealand Ltd - 2001-063
2001-063

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Decisions
Thorpe and Television New Zealand Ltd - 1999-111
1999-111

Summary The film Bad Boy Bubby included scenes in which the character, Bubby, was shown blocking the nostrils of a cat and, later, tightly wrapping the cat’s body in plastic wrap. The film was broadcast on TV2 on 10 April 1999 at 1. 55 am. Ms Thorpe complained to Television New Zealand Limited, the broadcaster, that she was upset and disturbed by the scenes showing what she called cruelty to the cat. The scenes, she wrote, involved a real cat and their broadcast could have given some viewers the incentive to copy the actions which were portrayed. TVNZ responded that the film was an intense and discomforting black comedy portraying a character whom the conventions of society had passed by. It was scheduled for broadcast well after midnight because of its disturbing nature, and was rated AO, it said....

Decisions
Stevenson and Radio Tairua Ltd - 2011-095
2011-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Tairua – prelude to a song by rap artist DMX titled Gotta Go (Skit ) broadcast at 3. 45pm – appeared to involve a domestic dispute and contained extensive coarse language including the words “fuck” and “fucking” 13 times – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – excessive use of expletives at 3. 45pm when children could be listening would have significantly departed from audience expectations – upheld No Order This headnote does not form part of the decision. Broadcast [1] A prelude to a song by rap artist DMX called Gotta Go (Skit) was broadcast on Radio Tairua 88. 3FM at 3. 45pm on Tuesday 5 July 2011. The skit was approximately 1 minute in length and appeared to involve a domestic dispute between a man and a woman....

Decisions
Cullen and Television New Zealand Ltd - 2004-142
2004-142

Complaint under section 8(1)(a) of the Broadcasting Act 1989Lead item on One News – investigative report into alleged pornographer in Gisborne – allegedly in breach of good taste and decency FindingsStandard 1 (Good taste and decency) – item was genuinely newsworthy – strong warning given – news by very nature will often deal with distasteful material – content not offensive – images discreet – not upheld This headnote does not form part of the decision. Broadcast [1]The lead item on One News on 1 August 2004 was a report from Television New Zealand’s investigative team concerning an alleged pornographer in Gisborne. The item alleged that the man was involved in procuring under-age girls for sex and the making of pornography, including through the use of stupefying drugs, and that he lured women into pornography by making false promises and statements....

Decisions
Exton and Television New Zealand Ltd - 2003-014
2003-014

Complaint Promo for film American Beauty – wrongly classified – explicit sexual content at 7. 30pm – offensive behaviour FindingsStandard 1 – context - extreme brevity – no upholdStandard 7 – not explicit – classification appropriate – no uphold This headnote does not form part of the decision. Summary [1] A promo for the film American Beauty, to be shown at 8. 30pm that evening, was screened on TV2 at about 7. 30pm on Sunday 10 November 2002. Among the scenes in the promo was one of a couple engaged in sexual intercourse. [2] Dr Exton complained to Television New Zealand Ltd, the broadcaster, that the depiction of explicit sexual behaviour, at a time when children were the target audience, breached the standards. [3] In response, TVNZ said the scene was brief and non-explicit and not inappropriate during the PGR time-band. It declined to uphold the complaint....

Decisions
Woodham and TV3 Network Services Ltd - 2003-118
2003-118

ComplaintCockstars – documentary about Puppetry of the Penis – male nudity – "pelvic gyrations" – breach of good taste and decency – failed to consider children’s viewing interest FindingsStandards 1 – context – no uphold Standard 9 – outside children’s normally accepted viewing times – no uphold This headnote does not form part of the decision. Summary [1] Cockstars was a documentary about seeking performers for the stage show "Puppetry of the Penis". The programme was broadcast on TV3 at 9. 30pm on 5 June 2003. It featured nude males manipulating their genitalia. [2] Fay Woodham complained to TV3 Network Services Ltd, the broadcaster, that the programme was offensive because "full frontal nudity" was unacceptable and breached standards relating to children’s viewing interests. [3] Declining to uphold the complaint, TV3 said in context the broadcast did not breach current norms of good taste and decency....

Decisions
Bush and The Radio Network Ltd - 2010-114
2010-114

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Larry Williams Drive Show – host interviewed director of the Middle East Forum about his concerns with the growing Muslim population in Europe – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards FindingsStandard 4 (controversial issues – viewpoints) – item focused on interviewee’s views – no discussion of a controversial issue of public importance – not upheld Standard 7 (discrimination and denigration) – comments conveyed interviewee’s personal opinion – no discrimination or denigration – not upheld Standard 5 (accuracy) – complainant did not specify any alleged inaccuracies or provide any evidence of inaccuracy – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – interview would not have alarmed or…...

Decisions
Shearer and Television New Zealand Ltd - 2003-010
2003-010

Complaint Mercy Peak – sexual scenes – offensive – indecent themes – broadcaster not mindful of the impact on teenage viewers FindingsStandard 1 – contextual matters – no upholdStandard 9 – not relevant – no uphold This headnote does not form part of the decision. Summary [1] Mercy Peak is a New Zealand drama series. An episode broadcast on TV One at 8. 35pm on Wednesday 25 September 2002 included a sex scene between two characters who were portrayed as having an affair. [2] Anne Shearer complained to Television New Zealand Ltd, the broadcaster, that the sex scene shown and the story-line were offensive. In her view, TVNZ had been irresponsible because it had failed to consider the impact of such themes on teenage viewers. [3] When the broadcaster failed to respond to her formal complaint, Ms Shearer referred it to the Broadcasting Standards Authority under s....

Decisions
Jenkins and Television New Zealand Ltd - 2002-062
2002-062

ComplaintLate Edition – news item – Solicitor General to appeal sentences of two convicted murderers, Dartelle Alder and Colin Bouwer – complainant convinced Mark Burton shown in item – breach of good taste and decency – inaccurate FindingsStandards 1 and 5 – complainant mistaken – Mark Burton not shown in item – no uphold This headnote does not form part of the decision. Summary [1] An item on Late Edition broadcast on TV One at 10. 45pm on 16 January 2002 reported that the Solicitor General was to appeal the sentences of two convicted murderers, Dartelle Alder and Colin Bouwer. The item included footage of the two men. [2] Ron Jenkins complained to Television New Zealand Ltd, the broadcaster, that the item included footage of Mark Burton, who was found not guilty on the grounds of insanity of murdering his mother....

Decisions
Stewart and Television New Zealand Ltd - 2011-063
2011-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Decisions
Marshall and TVWorks Ltd - 2011-143
2011-143

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Asset Sales Advertisement – used the word “damn” – allegedly in breach of good taste and decency standardFindingsStandard E1 (election programmes subject to other Codes) – Standard 1 (good taste and decency – “damn” is very low-level language and would not have offended most viewers – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Introduction[1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on 14 November 2011 at approximately 10pm. The advertisement contained the following voiceover: If you think power prices are high now, wait until we don’t own a damn thing....

Decisions
Davies and Television New Zealand Ltd - 2010-136
2010-136

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – news item reported on death of motorcyclist on racing track – included footage of the accident – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – footage was brief and shot from a distance – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item during Breakfast, broadcast on TV One at approximately 7. 05am on Monday 6 September, reported on the death of a motorcyclist. The news reader stated, “In sport, there’s been an horrific death in the 250cc section of the Moto GP in San Marino. Japanese rider Shoya Tomizawa on the red bike was killed after being hit by two others in this incident. The other two riders escaped serious injury....

Decisions
Connell and TV3 Network Services Ltd - 1992-002
1992-002

Download a PDF of Decision No. 1992-002:Connell and TV3 Network Services Ltd - 1992-002 PDF299. 1 KB...

Decisions
Hyslop & McElroy and Television New Zealand Ltd - 2018-073 (14 November 2018)
2018-073

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9. 30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants....

Decisions
Armstrong and MediaWorks TV Ltd - 2016-003 (13 May 2016)
2016-003

Summary[This summary does not form part of the decision. ]The 2015 Vodafone New Zealand Music Awards featured numerous expletives, sexual references and other strong language. The Authority did not uphold a complaint alleging the ‘foul language’ and ‘crude humour’ used during the awards was offensive and unacceptable. The programme did contain strong adult content which would not have been to the liking of all viewers. However there were opportunities for viewers to make a different viewing choice or to exercise discretion, given the length of the broadcast (more than two hours) and that there was a pre-broadcast warning of sorts (although not of itself adequate). On balance the Authority found the broadcast did not reach the threshold for breaching the good taste and decency standard. Nevertheless, the Authority urged broadcasters to take care when broadcasting live material after 8. 30pm that is likely to attract younger viewers....

Decisions
Judge and Television New Zealand Ltd - 2016-068 (19 January 2017)
2016-068

Summary[This summary does not form part of the decision. ]An item on Seven Sharp discussed a five-week, outdoor ‘life skills’ camp held for high school students on Great Barrier Island. Footage of a sheep being restrained to be killed for food, the sheep’s dead body and blood, and the gutting of the sheep was shown. The Authority did not uphold a complaint that the killing of the sheep was ‘brutal’ and unacceptable for broadcast. While the footage was graphic and would not have appealed to all viewers, it was adequately signposted during the item, which enabled viewers to exercise discretion and decide whether to continue watching. The actual killing of the sheep was not shown, and the footage appeared to show standard, accepted practices of killing animals for food in New Zealand....

Decisions
Allison and Television New Zealand Ltd - 1999-080
1999-080

Summary The lead story on One Network News on 14 February 1999 at 6. 00pm reported a fatality at Western Springs Speedway in Auckland. Footage of the accident showed a spectacular crash before the driver was flung out, crushed by his car and killed. That footage was repeated during the item. Mr Allison of Nelson complained to Television New Zealand Ltd, the broadcaster, that the footage was offensive, distasteful, and showed a callous disregard for those close to the victim and for all viewers. He objected to its graphic nature and the fact that it was shown without warning during early evening family viewing time. TVNZ responded that the item’s emphasis was on how the accident had occurred and why the driver’s safety harness had failed. The accidental death was, it contended, a matter of public concern and interest, particularly as it occurred at a public event....

Decisions
Boyce and Television New Zealand Ltd - 1999-205, 1999-206
1999-205–206

SummaryEpisodes 12 and 13 of the series Havoc and Newsboy’s Sell-Out Tour were broadcast on TV2 on consecutive Tuesday evenings on 17 and 24 August 1999 beginning at 10. 00pm. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that what he called gratuitous swearing on the programme, which included the use of the word "fuck", breached the good taste standard. TVNZ responded that in the context of a late evening broadcast and the fact that the programmes were classified as AO, it did not consider that the language used posed a threat to the standard. It also suggested that the approach taken by Mikey Havoc and Jeremy Wells (Newsboy) was by now sufficiently well-established for the language to have come as no surprise to viewers....

Decisions
Painter and Taylor and Television New Zealand Ltd - 2009-155
2009-155

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with actress Keisha Castle-Hughes and director Niki Caro about their new film The Vintner’s Luck – references to sex – showed scenes from the film of the main characters passionately kissing and the male character putting his head up the female’s skirt – allegedly in breach of good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – sex scene was gratuitous in a current affairs programme at 7pm – unsuitable for children – upheld – language was vulgar slang unexpected in this type of programme – borderline but not upheld Standard 1 (good taste and decency) – sex scene was not sufficiently discreet for PGR timeslot – upheld – language borderline but acceptable – not upheld No Order This headnote does not form part of the decision....

Decisions
McKenna and New Zealand Public Radio Ltd - 1996-047, 1996-048, 1996-049
1996-047–049

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-047 Decision No: 1996-048 Decision No: 1996-049 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LEN MCKENNA of Kaitaia Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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