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Decisions
Lowe and TV3 Network Services Ltd - 1998-074
1998-074

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-074 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
McKane and Television New Zealand Ltd - 2020-118 (9 March 2021)
2020-118

The Authority has not upheld a complaint that the use of exclamations including ‘oh my God’, ‘holy crap’ and ‘bloody’ in an episode of House Rules, broadcast at 7. 30pm, breached the good taste and decency standard. In this context, the language used would not have caused audiences undue offence or harm and it was not beyond what viewers would reasonably expect from the programme. Not Upheld: Good Taste and Decency...

Decisions
Poll and Discovery NZ Ltd - 2020-175 (28 April 2021)
2020-175

The Authority has not upheld a complaint that language used in Million Dollar Listing LA breached the good taste and decency and children’s interests standards. The programme was rated G and broadcast at 2. 20pm on a Sunday. In the context, and given most of the words were censored and did not appear until the final five minutes of the 55-minute programme, overall it was unlikely to likely to cause widespread undue offence or distress, or undermine widely shared community standards. It was also unlikely to alarm or distress any children who were watching. The audible words did not go beyond what viewers would reasonably expect from the programme. Not Upheld: Good Taste and Decency, Children’s Interests...

Decisions
Stewart and Discovery NZ Ltd - 2021-062 (6 September 2021)
2021-062

The Authority has declined to determine a complaint about the introduction to a news item on New Zealand Rugby which used the terms ‘blasted’ and ‘bombshell’ immediately after an item reporting on violence in Gaza. The Authority considered that the complaint raised issues which were editorial decisions not properly addressed by broadcasting standards, so should not be determined by the Authority. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act)...

Decisions
Francis and Television New Zealand Ltd - 2021-114 (27 October 2021)
2021-114

The Authority has declined to determine a complaint, under the good taste and decency and children’s interests standards, about an episode of Seven Sharp. The clip complained about was a joke that did not contain any profane or sexually explicit material. The Authority declined to determine the complaint on the basis it was trivial and did not warrant consideration. Declined to Determine: Good Taste and Decency and Children’s Interests (section 11(a) of the Broadcasting Act 1989 – trivial)...

Decisions
Baker and 4 Others and TVWorks Ltd - 2007-129
2007-129

Complaints under section 8 of the Broadcasting Act 1989Californication – programme contained swear words, discussions of sexual themes, sex scenes (including one involving violence) and implied teenage drug use – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language was legitimate for a challenging drama – sex scenes and dialogue concerning sexual themes were integral to the storyline – teenage drug use was implied – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Californication was broadcast on TV3 at 9. 30pm on 8 November 2007. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Hank was suffering from writer’s block and was struggling to raise his 12-year-old daughter, while still holding strong feelings for his ex-girlfriend, Karen, the mother of his daughter....

Decisions
Livingstone and Television New Zealand Ltd - 2008-007
2008-007

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item discussed the assault on convicted murderer William Bell by fellow prison inmates – presenter made a statement regarding the assault – allegedly in breach of good taste and decency, law and order and fairness Findings Standard 1 (good taste and decency) – contextual factors – host’s statement was sarcastic – made clear to viewers that neither host supported violence against prisoners – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – people referred to were treated fairly – not upheld This headnote does not form part of the decision....

Decisions
Maharey and Television New Zealand Limited - 2021-040 (21 July 2021)
2021-040

The Authority has not upheld a complaint a Sunday feature about sexually explicit social media sites breached the good taste and decency and children’s interests standards. In the context, particularly noting the public interest value of the feature, audience expectations, and nature of the programme, the Authority considered the broadcast was unlikely to cause widespread undue offence, or undermine widely shared community standards. The Authority found the content did not go beyond what the audience could reasonably expect of the programme, and the introduction was sufficient to signpost the type of content to be expected. Not Upheld: Good Taste and Decency and Children’s Interests...

Decisions
O’Halloran and Television New Zealand Ltd - 2021-063 (15 September 2021)
2021-063

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Decisions
Pepping and TVWorks Ltd - 2009-014
2009-014

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – two items broadcast one after the other – first item reported on the re-opening of the euthanasia debate in the United Kingdom following the screening of a television documentary which showed a terminally ill man taking a lethal dose of drugs in Switzerland – second item reported on a voluntary euthanasia campaigner who had the words "DO NOT RESUSCITATE" tattooed on her chest – both items allegedly in breach of good taste and decency, law and order and children’s interests standards FindingsItem on assisted suicide Standard 1 (good taste and decency) – report was tasteful – did not endorse either position – contextual factors – not upheld Standard 2 (law and order) – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 9 (children’s interests) – item preceded by warning –…...

Decisions
McArthur and CanWest TVWorks Ltd - 2005-111
2005-111

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, privacy, balance, accuracy, fairness and programme informationFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed about an identifiable person – not upheld Standard 4 (balance) – not a “news, current affairs or factual programme” – not upheld Standard 5 (accuracy) – not a “news, current affairs or factual programme” – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 8 (programme information) – not applicable – not upheldThis headnote does not form part of the decision. Broadcast [1] C4 broadcast an episode of Popetown at 9....

Decisions
J and The Radioworks Ltd - 1999-024, 1999-025
1999-024–025

SummaryA radio station announcer, claiming he was doing a survey on STDs, telephoned a woman and asked a number of personal and intimate questions. The call was broadcast live on The Edge on 30 November 1998 at about 4. 00pm. J, the woman who received the call, had identified herself using her first name and employer’s name. She complained to the station that the call was a serious invasion of her privacy as she was never told that the caller was from a radio station, or that it was being broadcast live. J said the comments ranged from being personal to obscene, and cited some examples. When the matter was referred to the station initially, J received an apology both from the station manager and the announcer....

Decisions
Palmer and The Radio Network Ltd - 2007-054
2007-054

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Hauraki – hosts on breakfast show referred to Helen Clark donating a testicle – allegedly in breach of good taste and decency and social responsibility. Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) – item light-hearted and satirical in nature – broadcaster was mindful of children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] At 8. 30am on 11 May 2007, Radio Hauraki broadcast a segment in its breakfast show hosted by the "Morning Pirates", Willy De Wit, Mark Perry and Dean Butler. One of the hosts described a story about a woman in the UK who had recently donated her kidney to her employer, who was in need of a transplant....

Decisions
Casey and The Radio Network Ltd - 2003-053
2003-053

ComplaintRadio Sport – talkback discussion about New Zealand cricket team’s performance at the World Cup – caller suggested host was overly critical of the team – host’s response – abusive – unfair – sexist FindingsPrinciple 1 – subsumed Principle 5 – sports talkback is robust – no uphold Principle 7, Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] The New Zealand cricket team’s performance at the World Cup was discussed on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 15 March 2003 hosted by Doug Golightly. One woman caller suggested to the host that he was overly critical of the team. The host advised the caller to return to domestic duties....

Decisions
Ringrose and TVWorks Ltd - 2011-096
2011-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – contained three brief shots of a girl with what appeared to be blood or dirt on her face – allegedly in breach of standards relating to good taste and decency, responsible programming and children’s interests FindingsStandard 8 (responsible programming) – promo correctly rated PGR – images were fleeting and inexplicit – acceptable for child viewers under adult supervision – not upheld Standard 9 (children’s interests) – images were fleeting and inexplicit – broadcast during an unclassified news programme – would not have alarmed or distressed children – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Bones was broadcast on TV3 at approximately 6....

Decisions
Pahl and The Radio Network Ltd - 2002-087
2002-087

ComplaintNewstalk ZB – talkback – reference to named Judge "jerking off at work" – bad taste – unbalanced – anti-male FindingsPrinciple 1 – robust environment – no uphold Principle 5 – reference to named Judge unfair – majority – uphold Principle 7 and Guideline 7a – neither men nor judges denigrated – no uphold No Order This headnote does not form part of the decision. Summary [1] A High Court Judge who had viewed pornography on the Internet while at work was the subject of a talkback discussion on Newstalk ZB on 19 February 2002 at around 10. 00pm. During the broadcast, the host made a reference to the Judge "jerking off at work". [2] Dennis Pahl complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the reference was anti-male, defamatory, in poor taste and showed a "demonstrable lack of balance" in the show....

Decisions
Harang and Television New Zealand Ltd - 2001-010
2001-010

Complaint60 Minutes – sex tourist trade in Thailand – breasts exposed – offensive behaviour – unsuitable for children FindingsStandard G2 – not unsuitable in context – no uphold Standard G12 – warning sufficed to comply – no uphold This headnote does not form part of the decision. Summary A 60 Minutes item broadcast on TV One on 12 November 2000 beginning at 7. 30pm examined the exploitation of young women in the sex industry in Thailand. It examined the attitudes of a group of Australian men who went to Thailand for sex holidays. Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that a scene where a young woman exposed her breasts was offensive and inappropriate for broadcast at a time when children were likely to be watching television. He also complained about some night club scenes where women were seen "gyrating"....

Decisions
Birkinshaw and Television New Zealand Ltd - 2013-043
2013-043

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – during interview with Kiwi actor, presenter commented “I was about as popular as a wet fart in a wedding dress” – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – comment was a brief, throwaway remark used to convey the meaning the presenter was unpopular – upholding complaint would be unreasonable limit on right to freedom of expression – not upheld This headnote does not form part of the decision. Introduction [1] During Seven Sharp, a New Zealand current affairs and entertainment programme, the presenters interviewed a Kiwi actor. One of the presenters stated: I’ve actually got to make a confession right here and right now [laughter from actor]… what a bang-up geezer [name] is, because I did an interview with [name] about two weeks ago....

Decisions
Cannell and The RadioWorks Ltd - 2000-007
2000-007

SummaryAccording to the complainant, a Radio Pacific talkback host referred to a caller as a "stupid old cow" at around 10. 35pm on 26 September 1999. The complainant reported that, later the same evening at around 11. 45pm, the same host talked about a Coronation Street episode and said a male character was "knocking off" two female characters. The complainant also reported that the host frequently used the expression "My God". Lillian Cannell complained to Radio Pacific, now managed by The RadioWorks Ltd, the broadcaster, that the language used by the host was offensive, and that his use of "blasphemy" was also quite unacceptable. The broadcaster responded that the language used by the host was strong in nature, but was in "the slang category" and did not contravene broadcasting standards....

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