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Calvert and Triangle Television Ltd - 2003-047
2003-047

Complaint Issues 101 – gay movie – screened during gay television festival at 8. 30pm – scenes depicting oral and anal sex – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – depiction prolonged and graphic – offensive – majority upholdStandard 9 and Guidelines 9b and 9c – offensive scene broadcast before 9pm on Saturday – unsuitable for children – unanimous uphold OrderBroadcast of Statement This headnote does not form part of the decision. Summary [1] Issues 101 was a film broadcast by Triangle Television Ltd at 8. 30pm on Saturday 1 March 2003. The film which was preceded by a warning, and classified AO, formed part of a gay television festival and included scenes depicting oral and anal sex....

Decisions
Beattie and Television New Zealand Ltd - 2003-046
2003-046

ComplaintThe Assignment – film – sexual behaviour and nudity – offensive – excessive violence – unacceptable at 8. 30pm FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guidelines 9a, 9b, 9c – 8. 40pm on Saturday – violent scene screened soon after the watershed – warnings by themselves may not be sufficient – insufficient discretion exercised – upholdStandard 10 and Guideline 10a – violence not gratuitous given factual basis – no uphold No Order This headnote does not form part of the decision. Summary [1] The film The Assignment was screened on TV2 at 8. 30pm on Saturday 19 October 2002. Based on the life of the notorious terrorist Carlos (The Jackal), the film’s story-line involved a CIA scheme to persuade Carlos’s allies to suspect his motives and to assassinate him....

Decisions
Lowe and Television New Zealand Ltd - 2003-040
2003-040

ComplaintPromo for Always Greener – bare buttocks masked by a "smiley face" – indecent – harmful to children FindingsStandard 1 and Guideline 1a – masking device not offensive – no uphold Standard 9 and Guideline 9a – not harmful to child viewers – no uphold This headnote does not form part of the decision Summary [1] A promo for Always Greener was broadcast on TV One at various times on 2 February 2003. A "smiley face" was used to cover the bare buttocks of a male character. [2] John Lowe complained to Television New Zealand Ltd, the broadcaster, that masking the human form in this manner was offensive and harmful to children. [3] In response, TVNZ said the "smiley face" was attached so that the promo could be shown at any time. It declined to uphold the complaint that the masking breached broadcasting standards....

Decisions
Clarke and Radio New Zealand Ltd - 2003-043
2003-043

ComplaintBea Arthur on Broadway – Concert FM – joke about a taxi driver and his fantasy about oral sex with a nun – offensive FindingsPrinciple 1 Guideline 1a – context – no uphold his headnote does not form part of the decision. Summary [1] Bea Arthur on Broadway: Just Between Friends featured in the Music Alive programme broadcast on Concert FM between 8. 00–9. 10pm on Friday 24 January 2003. During the programme, actress Bea Arthur told a joke about a nun who hired a taxi, and the taxi driver who told her that he had a fantasy about having oral sex with a nun. [2] Paul Clarke complained to Radio New Zealand Ltd, the broadcaster, that the story was offensive and not the sort of material expected on Concert FM. [3] In response, RNZ apologised to Mr Clarke....

Decisions
Sharp and The RadioWorks Ltd - 2003-044
2003-044

ComplaintThe Racing Show – comment that caller should "stick his head up his arse" – offensive language FindingsPrinciple 1 and Guideline 1a – offensive remark – breach – uphold No Order This headnote does not form part of the decision. Summary [1] The Racing Show was broadcast on Radio Pacific on Friday 27 December 2002. During an on-air discussion between the host and a caller at 4. 30pm the caller alleged that the host had favoured a personal friend when he had selected the winners of the "$50 caller bets". A disagreement developed, and in response to the allegation, the host said to the caller "oh, go and stick your head up your arse". [2] M D Sharp complained to The RadioWorks Ltd, the broadcaster, that the comment was objectionable and obscene....

Decisions
Penrice and Television New Zealand Ltd - 2003-035
2003-035

ComplaintOne News – item concerning Prime Minister’s announcement not to attend at Waitangi for services – included archival footage of Prime Minister upset at previous Waitangi Day service – tasteless – unfair FindingsStandard 1 – historical significance – contextual relevance – no uphold Standard 6 – not unfair to Prime Minister – no uphold This headnote does not form part of the decision Summary [1] An item on One News broadcast on TV One at 6. 00pm on 3 February 2003 concerned the Prime Minister’s announcement that she would not attend services at Waitangi on Waitangi Day. The item included archival footage of the Prime Minister crying at a previous Waitangi Day celebration. [2] Mr Penrice complained to Television New Zealand Ltd, the broadcaster, that the item should not have included this historical footage of the Prime Minister....

Decisions
Cone and Radio New Zealand Ltd - 2003-038
2003-038

ComplaintMorning Report – audio of a woman giving birth – preceded item about maternity services – gratuitous, distressing and socially irresponsible FindingsPrinciple 1 and Guideline 1a; Principle 5 and Guideline 5c & Principle 7 and Guideline 7d – not socially irresponsible – not gratuitous – no warning necessary – no uphold This headnote does not form part of the decision Summary [1] An item on Morning Report which discussed the lack of maternity services in Queenstown was broadcast on National Radio on Monday 13 January 2003. The item was introduced with a brief sound effect of a woman giving birth. [2] James Cone complained to Radio New Zealand Ltd, the broadcaster, that the audio was gratuitous, distressing and socially irresponsible. [3] In response, RNZ said that the audio was neither socially irresponsible, nor was it intended to cause alarm....

Decisions
Harang and Television New Zealand Ltd - 2003-033
2003-033

ComplaintHot Property – amateur male strip to raise money for club house – 5. 30pm – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 – not likely to upset or disturb children – no uphold This headnote does not form part of the decision Summary [1] Hot Property is an Australian series about real estate sales. A sequence in which members of a men’s soccer club performed an amateur striptease to raise money for a clubhouse was included in the episode broadcast on TV One at about 5. 30pm on 31 December 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that it was offensive to screen a male strip sequence at 5. 50pm, in which naked backsides were shown clearly, without a warning....

Decisions
Peat and RadioWorks Ltd - 2003-027
2003-027

Complaint Radio Hauraki breakfast programme – Matthew Ridge had AAA credit rating – "Arrogant Angry Arsehole" – derogatory and offensive FindingsPrinciple 1 – context – no uphold Principle 5 – referred to named person – unfair – uphold No Order This headnote does not form part of the decision Summary [1] Former international rugby league player and current television host, Matthew Ridge, was referred to during the breakfast programme broadcast on Radio Hauraki on 26 November 2002. In view of the news report that Mr Ridge was again facing driving related charges, the hosts said that he had a new credit rating, AAA, for "Arrogant Angry Arsehole". [2] Stephen Peat complained to The RadioWorks Ltd, the broadcaster, that the comment was derogatory and the language was offensive....

Decisions
Baylis and Television New Zealand Ltd - 2003-023
2003-023

Complaint American Beauty – film - numerous sexual references – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 and Guideline 9c – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] The film American Beauty was screened on TV2 at 8. 30pm on Sunday 10 November 2002. The film is about a bored middle-aged man who becomes "love-struck" with one of his daughter’s friends. His fantasies lead him to turn his life upside down. [2] Murray Baylis complained to Television New Zealand Ltd, the broadcaster, that the sexual references and sexual messages in the film would be offensive to many New Zealanders, especially to people aged 12 – 16 years....

Decisions
Maney and Triangle Television Ltd - 2003-020
2003-020

Complaint Jagad Guru Speaks – spiritual programme – discussion regarding transubstantiation – reference to priest getting drunk on wine – offensive – unfair FindingsStandard 1 – majority – contextual matters – no uphold – minority – offensive Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Jagad Guru Speaks, a spiritual programme, was broadcast by Triangle Television between approximately 8. 30–9. 00am on 21 November 2002. The concept of transubstantiation was discussed, and when referring to the role of the priest the presenter made the comment that the priest got "drunk on the wine in the back room". [2] Bernard Maney complained to Triangle Television Ltd, the broadcaster, that the comment was offensive and insulting to priests and Christians....

Decisions
Fox and Television New Zealand Ltd - 2003-021
2003-021

Complaint An Audience with the King – offensive language – broadcaster failed to consider children’s viewing interests FindingsStandard 1 – majority – contextual matters – no uphold Standard 9 – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] An Audience with the King recorded the performance of stand-up comedian Mike King before a live audience. The programme was broadcast on TV2 at 9. 30pm on Friday 11 October 2002. [2] Graham Fox complained to Television New Zealand Ltd, the broadcaster, that the programme was offensive, and that it was irresponsible to have broadcast such material at a time when children were likely to be watching television. [3] In response, TVNZ said that the programme in context did not breach current norms of good taste and decency, and that it had considered the viewing interests of children....

Decisions
Kelcher and Prime Television New Zealand Ltd - 2003-018, 2003-019
2003-018–019

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Decisions
Hulst and Radio New Zealand Ltd - 2003-024
2003-024

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

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
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
McGrath and Television New Zealand Ltd - 2003-015
2003-015

ComplaintBreakfast – reference to song "Loyal" – presenter said viewers who disliked that song were "stuffed" – vulgar – offensive language FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The presenter used the phrase "If you don’t like that song, then you’re stuffed" when referring to the song "Loyal" played after a magazine item on the Louis Vuitton Cup for yachting. The item was included in the programme, Breakfast, broadcast on TV One between 7. 00–9. 00am on 19 November 2002. [2] Dr McGrath complained to Television New Zealand Ltd, the broadcaster, that the expression was vulgar and unacceptable in a news programme....

Decisions
Grenfell and Radio New Zealand Ltd - 2003-009
2003-009

ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....

Decisions
Malcolm and RadioWorks Ltd - 2003-007, 2003-008
2003-007–008

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

Decisions
Durward and Television New Zealand Ltd - 2003-001
2003-001

Complaint Mo Show – interview with makers of and participants in a pornographic film – offensive – unsuitable for children FindingsStandard 1 – gratuitous sexual activities – uphold Standard 9 – not children’s normally accepted viewing time – no uphold No Order This headnote does not form part of the decision Summary [1] The making of a pornographic film near Los Angeles was shown in a segment of the Mo Show broadcast on TV2 at 10. 00pm on Tuesday 3 September 2002. The Mo Show is targeted at a young adult audience and features two New Zealand comedians presenting events they encounter in a number of countries, focusing on popular music and film. [2] Lois Durward complained to Television New Zealand Ltd, the broadcaster, that the segment about pornographic film-making near Los Angeles was offensive and unsuitable for younger viewers....