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Decisions
Burton and TV3 Network Services Ltd - 1997-021
1997-021

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-021 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PEGGY BURTON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Tily and Discovery NZ Ltd - 2022-047 (2 August 2022)
2022-047

The Authority has not upheld a complaint that it was inappropriate to broadcast images of spiders due to viewers potentially having arachnophobia. The Authority found the images were unlikely to cause widespread undue offence, and the introduction to the item gave viewers who did not want to see spiders the opportunity to switch off. The programme information and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Programme Information, Discrimination and Denigration....

Decisions
Tanner and MediaWorks Radio Ltd - 2015-085 (28 January 2016)
2015-085

Summary[This summary does not form part of the decision. ]During Paul Henry on Radio Live the presenters said ‘bloody’ and ‘bugger’ several times. The Authority did not uphold a complaint that this language was unacceptable. These terms constituted low-level coarse language which would not have offended a significant number of listeners in the context of the broadcast. The language was within audience expectations of the presenters, the programme and the radio station. Not Upheld: Good Taste and DecencyIntroduction[1] During Paul Henry on Radio Live the presenters said ‘bloody’ and ‘bugger’ several times. [2] Dr John Tanner complained that this language was unacceptable. [3] As Dr Tanner did not nominate a specific standard in his complaint, MediaWorks assessed the complaint under what it considered to be the most relevant standard....

Decisions
McKay and TVWorks Ltd - 2012-125
2012-125

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Decisions
Watkins and The RadioWorks Ltd - 2000-182–191
2000-182–191

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings (1) 5 August broadcast – no uphold(2) 6 August broadcast – no uphold (3) 7 August broadcast – no uphold (4) 10 August broadcast – reference to wanking unsuitable for children – Principle 7b – uphold (5) 11 August broadcast – discussion with child character about pornography – unsuitable for children – Principle 7b – uphold(6) 21 August broadcast – gratuitous use of "fuck" – Principle 1 – uphold – Principle 7b – unsuitable for children – uphold; discussion about plasticine penis – no uphold; mocking of homosexuals – Principle 1 – uphold;…...

Decisions
Parker and Television New Zealand Ltd - 2007-105
2007-105

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that two sex scenes in Nip/Tuck were too explicit for free-to-air television and breached standards of good taste and decency. One of the scenes included a threesome involving one of the lead characters. The viewer also complained about the use of offensive language during another scene in which a "phone sex artist" discussed throat surgery with her doctor. The Broadcaster’s ResponseTVNZ argued that the scenes were acceptable in the context of an AO-rated programme screening at 9. 30pm with a warning for adult sexual material. The broadcaster said the sex scenes were important to the development of the storyline, did not contain any explicit nudity, and were not pornographic. The Authority’s DecisionAs well as the contextual factors noted above (the programme's AO classification, the warning about sexual content, the 9....

Decisions
Findlay and TVWorks Ltd - 2008-063
2008-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Underbelly – programme about mafia-type gangs in Melbourne – included coarse language, nudity, drugs and violence – 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 episode of Underbelly was broadcast on TV3 at 9. 30pm on Sunday 13 April 2008. The programme was a drama based on the true story of Melbourne’s infamous gangland killings and events which occurred between 1995 and 2004. [2] The programme contained frequent use of coarse language including the words “fuck”, “cocksucker”, “prick”, “arsehole” and “pussy-whipped”. It also included a scene in which a man killed two other men by shooting them with a pistol....

Decisions
Paranjape and Television New Zealand Ltd - 2009-067
2009-067

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – report on two National MPs and whether their business links in India were in conflict with their public roles in New Zealand – included footage of street scenes in India – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – footage did not contain any material which threatened standards of good taste and decency – not upheld This headnote does not form part of the decision. Broadcast [1] A One News item, broadcast on TV One at 6pm on 30 March 2009, reported that two National MPs were facing questions about whether their business links in India were in conflict with their public roles in New Zealand....

Decisions
Hardie and The Radio Network Ltd - 2009-151
2009-151

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Easy Mix news – report stated that Christchurch man had pleaded guilty to murdering his wife and neighbour and to having sexual intercourse with his victims’ bodies after strangling them – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the case were widely reported – standard does not apply to certain groups of people or individuals – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news report was broadcast on Easy Mix radio station at 2pm on Monday 9 November 2009. The news reader said: In this update, the Christchurch man who’s admitted to killing two women and burying them under his house will be sentenced at the end of the month....

Decisions
Barclay and Radio New Zealand Ltd - 2019-003 (20 May 2019)
2019-003

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one. ’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally....

Decisions
Torrey & Mayell and Television New Zealand Ltd - 2019-102 (7 May 2020)
2019-102

A 1 News item reported on the confessions of a man identified as America’s most prolific serial killer, Samuel Little. The Authority did not uphold complaints that the inclusion of a statement by the man breached the good taste and decency, children’s interests and violence standards. The Authority determined that the content was justified by context and in the public interest. The Authority acknowledged the high value in news and current affairs reporting and noted that the introduction to the item (which included reference to a ‘chilling’ police interview) was adequate 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....

Decisions
McInroe and Television New Zealand Ltd - 2020-128 (9 March 2021)
2020-128

The Authority has not upheld a complaint that a news report covering the US Democratic Convention breached standards by referring to then US President Donald Trump as ‘Trump’ or ‘Donald Trump’ rather than with the title ‘President’. The broadcast was fair to Mr Trump, considering his position and profile as a politician and public figure. It was not misleading to refer to Mr Trump as ‘Donald Trump’ and the report was unlikely to cause widespread offence. The discrimination and denigration standard did not apply to Mr Trump as an individual. Not Upheld: Fairness, Accuracy, Good Taste and Decency, Discrimination and Denigration...

Decisions
Serfontein and Discovery NZ Ltd - 2022-039 (21 June 2022)
2022-039

The Authority has not upheld a complaint alleging footage during a Newshub Live at 6pm item showing a rugby league player throwing up on the side of the field during a match breached the good taste and decency standard. Taking into account the context of the broadcast, the Authority found the footage was unlikely to cause widespread undue offence. Not Upheld: Good Taste and Decency...

Decisions
Parlane and New Zealand Media and Entertainment - 2016-007 (14 April 2016)
2016-007

Summary[This summary does not form part of the decision. ]An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle. The Authority did not uphold a complaint alleging that the item was distasteful. Taking into account contextual factors such as the adult target audience of Coast FM and that the item was a brief and straightforward report, the broadcast did not threaten current norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] An item on Coast FM News reported that a medical document had been found suggesting there was ‘some truth in the old fable’ about Adolf Hitler having only one testicle....

Decisions
Malskaitis and TVWorks Ltd - 2011-039
2011-039

Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....

Decisions
Mathewson and Television New Zealand Ltd - 2012-128
2012-128

Complaint under section 8(1C) of the Broadcasting Act 1989Close Up – reported on man who faced losing two of his fingers if he chose to continue smoking cigarettes – presenter jokingly asked man if he wanted a cigarette – presenter’s comments allegedly in breach of standards relating to good taste and decency, fairness and responsible programming FindingsStandard 1 (good taste and decency), Standard 6 (fairness), and Standard 8 (responsible programming) – presenter’s offer of a cigarette was hypothetical and intended to highlight the man’s triumph in giving up smoking – not intended to “taunt” the man – man was a willing participant and took the comments with good humour – comments would not have offended or distressed most viewers – man treated fairly – broadcast not socially irresponsible – not upheld This headnote does not form part of the decision....

Decisions
Smits and Radio Pacific Ltd - 1992-064
1992-064

Download a PDF of Decision No. 1992-064:Smits and Radio Pacific Ltd - 1992-064 PDF281. 51 KB...

Decisions
Trunk Property Ltd and MediaWorks TV Ltd - 2015-025
2015-025

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Decisions
Bell & Wolters and NZME Radio Ltd - 2021-036 (21 July 2021)
2021-036

The Authority has not upheld two complaints about Mike Hosking’s statement on Mike Hosking Breakfast that the Duchess of Sussex was a ‘shallow, self-absorbed, attention-seeking, woke bandwagon-riding hussy’. The Authority found it was not likely to cause widespread, undue offence in the context. Although the discrimination and denigration standard applied, as the word ‘hussy’ may refer to and reflect upon women as a section of society, the comments did not meet the threshold justifying regulatory intervention. Not upheld: Good taste and decency, discrimination and denigration...

Decisions
Dolan and Television New Zealand Ltd - 2001-096
2001-096

ComplaintAmerica’s Funniest Home Videos – home video of girl with frogs in underwear – bad taste – breach of standards relating to protection of children FindingsStandard G2 – no offensive behaviour – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary A home video broadcast during the programme America’s Funniest Home Videos featured a young girl shown removing a number of frogs from her nappy. The programme was broadcast on TV2 at 5. 00pm on 5 May 2001. Tim Dolan complained to the broadcaster, Television New Zealand Ltd, that the broadcast breached standards relating to good taste and the protection of children. Mr Dolan considered it unlikely that the girl had put the frogs into her own nappy and that she had been coerced into appearing in the video....

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