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Moreton and Menzies and Radio New Zealand Ltd - 1998-081, 1998-082
1998-081–082

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-081 Decision No: 1998-082 Dated the 30th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by A R MORETON of Auckland and ROBERT MENZIES of Picton RADIO NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Mazer and RadioWorks Ltd - 2010-021
2010-021

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…...

Decisions
Nicholls and Television New Zealand Ltd - 1999-064
1999-064

Summary The film Heat was broadcast on TV2 at 8. 30pm on 3 January 1999. Mr Nicholls complained to Television New Zealand Limited, the broadcaster, about the standard of language used in the film. He objected to the excessive use of "fuck", "fucking", and associated words, he wrote, because it led to their normalisation. He argued that the offending words could have been beeped out. The film was shown in holiday time, he said, and swear words should not be accepted on prime family time television. TVNZ responded that the film started at 8. 30pm which was adult programming time, it was clearly rated AO, indicating that it was unsuitable for children, and it was preceded by a specific warning about its violence and language. It said the warning was delivered visually and verbally....

Decisions
Phillips and RadioWorks Ltd - 2009-152
2009-152

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Graeme Hill Show – included commentary from well-known atheist Pat Condell – Mr Condell made negative statements about religion and those who hold religious beliefs – allegedly in breach of good taste and decency, controversial issues and denigration and discrimination standards Findings Standard 1 (good taste and decency) – contextual factors – Bill of Rights Act – not upheld Standard 7 (discrimination and denigration) – comments lacked the necessary invective to reach the threshold for encouraging denigration – not upheld Standard 4 (controversial issues – viewpoints) – segment was an opinion piece – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Graeme Hill Show was broadcast on Radio Live at approximately 12. 55pm on Saturday 5 September 2009....

Decisions
Mee and The Radio Network Ltd - 1999-190
1999-190

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Shearer and Television New Zealand Ltd - 2000-128
2000-128

Complaint Strassman – offensive language – "fuck" – interview with Rima Te Wiata breached her privacy – offensive behaviourFindings(1) Standard G2 – context – warning – AO time and classification – no uphold (2) Privacy – no private facts revealed – no uphold This headnote does not form part of the decision. Summary An episode of the comedy programme Strassman was broadcast on TV2 at 9. 30pm on 16 May 2000. Brian Shearer complained to Television New Zealand Ltd, the broadcaster, about the repeated use of the word "fuck" during the programme, and an interview with Rima Te Wiata, which he considered breached her privacy and was in bad taste due to questions asked about her sex life. TVNZ responded that the programme was intended as adult entertainment, began well after the watershed, carried an AO certificate and was preceded by a warning about strong language....

Decisions
Stratford and Television New Zealand Ltd - 2005-124
2005-124

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – character used the words “Jesus” and “Christ” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] Facelift, a satirical programme which lampooned politicians and other high profile New Zealanders, screened on TV One at 10. 05pm on 19 September 2005. On this occasion, Facelift ridiculed television coverage of the election results two nights earlier. The character playing TV One’s political editor, Mark Sainsbury, used the words “Jesus” and “Christ”. Complaint [2] Brian Stratford complained to Television New Zealand Ltd, the broadcaster, that the character had used the words “Jesus” and “Christ” as exclamations. He considered that this was blasphemous and offensive....

Decisions
Thirlwall and Television New Zealand Ltd - 2004-043
2004-043

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Holmes – item about Tauranga surgeon Dr Ian Breeze found guilty of professional misconduct – item described bowel operation which resulted in death of patient as “botched” – patient’s wife interviewed – relatives of other patients interviewed – allegedly breached good taste and decency – allegedly inaccurate, unfair, unbalancedFindings Standard 1 (good taste and decency) – “botched” is vernacular – not upheld Standard 4 (balance) – matters raised by complainant not required for balance – not upheld Standard 5 (accuracy) – not inaccurate – not upheld Standard 6 (fairness) – matters raised by complainant not required for fairness – not upheld This headnote does not form part of the decision. Broadcast [1] Tauranga surgeon Ian Breeze was the subject of an item broadcast on Holmes on TV One on 2 December 2003....

Decisions
Lattin and Dijkstra and TV3 Network Services Ltd - 2003-165, 2003-166
2003-165–166

ComplaintFight For Life – charity entertainment including boxing and singing for The Yellow Ribbon Trust – one boxer asked if he had a “big knob” – offensive FindingsStandard 1 and Guideline 1a – contextual matters – majority – no uphold This headnote does not form part of the decision. Summary [1] Australian Mark Geyer was one of the boxers who participated in Fight For Life, a charity entertainment programme involving boxing, comedy, and singing for The Yellow Ribbon Trust, broadcast on TV3 between 7. 30–11. 00pm on 14 August 2003. Before his fight, Mr Geyer was asked whether he had a “big knob”. [2] Jean Lattin and Eardley Dijkstra each complained to TV3 Network Services Ltd, the broadcaster, that the question was offensive and improper. [3] In response, TV3 explained that the question was part of a live broadcast and unscripted and, given the time of the broadcast (10....

Decisions
Rodley and Television New Zealand Ltd - 2002-182
2002-182

ComplaintSix Feet Under – male sex scene – sodomy – breach of good taste and decency FindingsStandard 1 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] Six Feet Under is a series about a family of undertakers, and is described by the broadcaster as "black comedy". An episode broadcast on 23 July 2002 at 9. 35pm on TV One included a scene of two males having sex. [2] N N Rodley complained to Television New Zealand Ltd, the broadcaster, that the scene was too graphic, and that he had "never seen two males copulating on TV. " [3] In declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s response, Mr Rodley referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Dickinson and The Radio Works New Zealand Ltd - 2001-047
2001-047

ComplaintRadio Pacific – question posed by talkback host – "what is wrong with a father having sex with his daughter anyway? " – breach of good taste – upheld by Radio Pacific – verbal warning given to host – action insufficientFindingsInsufficient action – upholdOrder Letter of apology to be sent to complainantThis headnote does not form part of the decision. SummaryThe host of a Radio Pacific talkback session, broadcast at 3. 00am on 27 December 2000, made the comment on air to a caller, "what is wrong with a father having sex with his daughter anyway? " The topic of incest had arisen in the conversation. Wendy Dickinson complained to the broadcaster, The Radio Works New Zealand Ltd, that the talkback host’s comments were "abhorrent", and should not have been made on radio....

Decisions
Schwabe and Television New Zealand Ltd - 2001-133
2001-133

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in standard G2; Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits – bordering on gratuitous; comment – children in studio audience – unsatisfactory as programme classified AO This headnote does not form part of the decision. Summary [1] An episode of Strassman broadcast on TV2 at 9. 30pm on 26 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. [2] Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. [3] In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint....

Decisions
Vavasour and TV3 Network Services Ltd - 2000-051
2000-051

Complaint3 News – child participants – mother’s consent – children of gang member sought by police – privacy – good taste – fairness – upheld by broadcaster FindingsAction taken by broadcaster sufficient This headnote does not form part of the decision. Summary Two pre-school children were shown in news items broadcast on 3 News at 6. 00pm and 10. 30pm on 25 January 2000. They were described as the children of a member of the "Screwdriver Gang" who was being sought by police in connection with armed robberies in Auckland. Kris Vavasour complained to TV3 Network Services Ltd that the privacy of the two young children had been breached. She also complained that it was a breach of the good taste standard and unfair to show footage of the children in a way which publicly identified them....

Decisions
Ngapo & Tolungamaka and Television New Zealand Ltd - 2018-099 (13 March 2019)
2018-099

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about episodes of Shortland Street, which followed the ongoing storyline of a threesome between a married couple and their nanny. The Authority acknowledged that some viewers might find this storyline distasteful and that some scenes and references might have raised questions for children. However, the Authority found that various contextual factors, including audience expectations of the long-running television drama and a warning for sexual material, prepared audiences for the likely content and minimised the potential for undue harm. The sexual material and references contained in these episodes were relatively inexplicit, with no nudity or sexual activity beyond kissing shown. Finally, the fictional sexual activity took place between consenting adults and no illegal or seriously antisocial activity was portrayed during the programme....

Decisions
Moselen and Television New Zealand Ltd - 2020-058 (16 December 2020)
2020-058

The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...

Decisions
Keam and Television New Zealand Ltd - 2017-090 (15 December 2017)
2017-090

Summary [This summary does not form part of the decision. ]During the 1 News Vote 17 Leaders Debate, moderator Mike Hosking questioned Bill English about a damaged fuel pipeline in Auckland that caused disruption to flight services, using the phrase ‘for God’s sake’. The Authority did not uphold a complaint that Mr Hosking’s use of this phrase was blasphemous and offensive. The Authority has consistently found that variations of ‘God’, ‘Christ’ and ‘Jesus Christ’ are commonly used as exclamations and in this case, Mr Hosking used the phrase to express his own, and voters’, frustration at the Government’s management of the fuel crisis. In these circumstances, the Authority found that the alleged harm did not outweigh the important right to freedom of expression, particularly in the lead up to a general election....

Decisions
Parsons and Television New Zealand Ltd - 2007-008
2007-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....

Decisions
McArthur and Television New Zealand Ltd - 2007-117
2007-117

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained footage of bare breasts and women in their underwear – allegedly in breach of good taste and decency, fairness, programme information and children’s interests standards. Findings Standard 1 (good taste and decency) – images of semi-naked women were not sexualised or salacious – contextual factors – not upheld Standard 6 (fairness) – item conveyed a positive message – item did not denigrate women – not upheld Standard 8 (programme information) – programme did not use subliminal perception – not upheld Standard 9 (children’s interests) – programme classified PGR – broadcaster sufficiently considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of How to Look Good Naked, broadcast on TV One at 7....

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
Francis and Television New Zealand Ltd - 2004-068
2004-068

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Spooks – language – “fuck you” – allegedly offensive – warning requiredFindings Standard 1 (good taste and decency) and Guidelines 1a and 1b – context – warning not necessary – not upheld This headnote does not form part of the decision. Broadcast [1] Spooks is a BBC drama series built around the activities of a fictional counter-terrorism unit attached to MI5. MI5 is the government agency responsible for internal security. In an episode beginning at 9. 30pm broadcast on TV One on 24 February 2004, one character said to another “fuck you”. Complaint [2] Ken Francis complained to Television New Zealand Ltd, the broadcaster, that such language was offensive and the programme should have been preceded with a warning. Standards [3] TVNZ assessed the complaint under Standard 1 and Guidelines 1a and 1b of the Free-to-Air Television Code of Broadcasting Practice....

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