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Stemson and New Zealand Public Radio Ltd - 1996-105
1996-105

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-105 Dated the 29th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M D STEMSON of Coromandel Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Harang and Television New Zealand Ltd - 2000-047
2000-047

Complaint One News – offensive behaviour – scantily-clad woman – unsuitable for children FindingsStandard G2 – brief footage – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary A charity hair dressing event was the subject of an item on One News broadcast on TV One on 6 February. The item included a brief shot of a woman dancer who was one of the entertainers at the event. Kristian Harang complained to Television New Zealand Ltd that it was offensive to show the scantily-clad woman’s "naked backside" in prime family viewing time. He considered that many children watching would have been led to believe it was normal to be naked in public. In its response, TVNZ pointed out that the woman was not naked but was wearing a thong....

Decisions
Campbell and The RadioWorks Ltd - 2000-076
2000-076

ComplaintRadio Pacific talkback – (1) racist remarks – offensive language; (2) denigrated Maori FindingsNo tape provided – unable to determine complaint on merits Principle 8 – relevantOrderCosts of $250 to the complainant This headnote does not form part of the decision. Summary Talkback host John Banks was reported to have made critical references to the contribution by Maori to the millennium celebrations in New Zealand in a programme broadcast on Radio Pacific on 17 January 2000 between 8. 15–8. 50am. Hohepa Campbell complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the host’s comments were offensive and anti-Maori and incited racial disharmony. As he did not receive a response from The RadioWorks within the statutory time frame, he referred the matter to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Smith and The Radio Network Ltd - 2002-058
2002-058

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Decisions
Blue and Television New Zealand Ltd - 2011-131
2011-131

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on the funeral of prominent New Zealand businessman Allan Hubbard – included footage filmed outside his funeral – allegedly in breach of standards relating to good taste and decency, privacy, fairness and responsible programming FindingsStandard 3 (privacy) – Mrs Hubbard and other people shown in the footage were identifiable but no private facts disclosed and filming was in a public place – those shown were not particularly vulnerable – not upheld Standard 1 (good taste and decency) – filming was non-intrusive and respectful – footage would not have offended or distressed viewers – not upheld Standard 6 (fairness) – Hubbard family treated fairly – not upheld Standard 8 (responsible programming) – footage formed part of an unclassified news programme – item would not have disturbed or alarmed viewers – not upheld This headnote does not form part of the decision.…...

Decisions
Kirby and TV3 Network Services Ltd - 1993-060
1993-060

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Decisions
Lilley and TVWorks Ltd - 2011-078
2011-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – scene implied killing of cat with a razor – character was continuously splattered with blood as he sliced the cat off-screen and cat squealed – character stated, “. . ....

Decisions
McLeod and Television New Zealand Ltd - 2004-087
2004-087

Complaint under section 8(1)(a) of the Broadcasting Act 1989Fence Jumping – promo – documentary about gay men who “came out” when married – broadcast during One News beginning at 6. 00pm – allegedly offensive, inappropriately classified and unsuitable for childrenFindings Standard 1 and Guideline 1a (good taste and decency) – context – not upheld Standard 7 and Guideline 7b (classification) – appropriately classified as G – not upheld Standard 9 (children’s interests) – homosexuality dealt with in straightforward way which was suitable for children – not upheldThis headnote does not form part of the decision. Broadcast [1] A promo for the documentary Fence Jumping was broadcast during One News at about 6. 30pm on Sunday 25 April 2004. The documentary was about men who, while married, realised that they were gay and how such men “came out”. The promo indicated the programme’s content....

Decisions
Schwabe and Television New Zealand Ltd - 2000-056
2000-056

ComplaintOne News – report referred to film "Austin Powers – The Spy Who Shagged Me" – "shagged" – offensive language FindingsStandard G2 – decline to determine Cross ReferenceDecision No: 1999-163 This headnote does not form part of the decision. Summary An item on One News broadcast by TV One between 6. 00–7. 00pm on 12 January 2000 described the development of a new open top sports car by Jaguar. In that context, reference was made to the film "Austin Powers – The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that "shagged" was an offensive, aggressive and macho anti-woman term which was unacceptable for broadcast at a time when children were encouraged to watch television....

Decisions
O'Neil and Television New Zealand Ltd - 2010-124
2010-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989What Now – spoof of talent shows called "Fairytale's Got Talent" – guest judge said to Cinderella who was a contestant, "Next time I'm holding one of my balls, you're invited" – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – child viewers would have understood the comment to be a reference to the Cinderella fairytale – comment did not go beyond the programme's G rating – not upheld This headnote does not form part of the decision. Broadcast [1] During What Now, broadcast on TV2 at 8am on Sunday 15 August 2010, the programme's hosts and two former New Zealand Idol judges, Paul Ellis and Frankie Stevens, participated in a spoof of television talent contests, called "Fairytale's Got Talent". A contestant, Cinderella, performed on the saxophone....

Decisions
Collier and Television New Zealand Ltd - 2000-010
2000-010

SummaryThe film Harley Davidson and the Marlboro Man was broadcast on TV2 on 7 October 1999, beginning at 11. 00pm. It was an action movie in which two men stole mob money to prevent their friend’s bar from being closed down. Laurie Collier complained to Television New Zealand Ltd, the broadcaster, that the language and "gross violence" contained in the film breached broadcasting standards. In particular, he complained about the excessive use of the "f word" and what he called "the blood and guts violence". TVNZ’s informal response emphasised the relevance of context in ascertaining whether the language exceeded community expectations. When Mr Collier sought a review of TVNZ’s decision, it provided a more substantive response, again emphasising contextual factors. It noted that the film began at 11. 00pm, well into adult viewing time, that it was preceded by a warning, and that it was classified as AO....

Decisions
Golden and Television New Zealand Ltd - 2012-115
2012-115

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Decisions
Wortelboer and TV3 Network Services Ltd - 1993-036
1993-036

Download a PDF of Decision No. 1993-036:Wortelboer and TV3 Network Services Ltd - 1993-036 PDF281. 68 KB...

Decisions
McElroy and Television New Zealand Ltd - 1993-101
1993-101

Download a PDF of Decision No. 1993-101:McElroy and Television New Zealand Ltd - 1993-101 PDF468. 14 KB...

Decisions
Coates and Television New Zealand Ltd - 2009-116
2009-116

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...

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
Rae, Schaare and Turley and Television New Zealand Ltd - 2010-007
2010-007

Complaint under section 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported that a man had drowned trying to save two children – showed footage of ambulance officers performing CPR and then apologising to the man’s family because they could not revive him – showed family grieving next to the body – allegedly in breach of good taste and decency and privacy FindingsStandard 3 (privacy) – standard does not apply to deceased persons – item included prolonged and close-up footage of grieving family members – offensive intrusion into highly vulnerable and distressing moment – privacy of family members breached – upheld by majority Standard 1 (good taste and decency) – unclassified news programme aimed at adults – not upheld No Order This headnote does not form part of the decision....

Decisions
Faithfull and CanWest RadioWorks Ltd - 2005-015
2005-015

Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....

Decisions
Klaassen and Television New Zealand Ltd - 2004-046
2004-046

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Believe Nothing – comedy – reference to cannibalism and consuming body and blood of Jesus Christ – allegedly offensive – allegedly discriminated against CatholicismFindings Standard 1 (good taste and decency) and Guideline 1a – context – standard not threatened – not upheld Standard 6 (fairness) and Guideline 6g (discrimination) – context and satirical series – no discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Believe Nothing is a satirical series lampooning aspects of British and Western culture, constructed around the character of Adonis Cnut played by comedian Rick Mayall. The episode broadcast on TV One at 10. 40pm on 11 January 2004 used Hannibal Lechter imagery and involved references to cannibalism and church practices. Complaint [2] Bert Klaassen complained formally to Television New Zealand Ltd, the broadcaster, about aspects of the programme....

Decisions
Cheyne and Television New Zealand Ltd - 2007-116
2007-116

Complaint under section 8(1)(a) of the Broadcasting Act 1989How to Look Good Naked – episode contained images of bare breasts and buttocks, and brief frontal shots of two naked women – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – images of naked women not sexualised or intended to titillate – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 7 (programme classification) – programme was appropriately classified PGR – 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. 30pm on 31 August 2007, contained video footage of a number of women featuring bare breasts, buttocks and two brief full frontal shots of naked women....

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