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Decisions
Cullen and Television New Zealand Ltd - 2004-142
2004-142

Complaint under section 8(1)(a) of the Broadcasting Act 1989Lead item on One News – investigative report into alleged pornographer in Gisborne – allegedly in breach of good taste and decency FindingsStandard 1 (Good taste and decency) – item was genuinely newsworthy – strong warning given – news by very nature will often deal with distasteful material – content not offensive – images discreet – not upheld This headnote does not form part of the decision. Broadcast [1]The lead item on One News on 1 August 2004 was a report from Television New Zealand’s investigative team concerning an alleged pornographer in Gisborne. The item alleged that the man was involved in procuring under-age girls for sex and the making of pornography, including through the use of stupefying drugs, and that he lured women into pornography by making false promises and statements....

Decisions
The New Zealand Woman and TV3 Network Services Ltd - 2002-018, 2002-019
2002-018–019

Complaint3 News – complainant victim of rape and attempted murder in the United States – alleged offender arrested after 20 years because of DNA evidence – news item showed photo of complainant at time of offence – breach of privacy – community standards not maintained – item caused unnecessary distress – item involved unnecessary intrusion into complainant and family’s grief FindingsPrivacy – complainant not identified – no uphold Standard G2 – images not breach of community standards in context – no uphold Standard G16 – issues better addressed under G17 Standard G17 – intrusion into grief occurred – but valid news item and no unnecessary gratuitous detail This headnote does not form part of the decision Summary [1] The complainant, a New Zealand woman, was the victim of a rape and attempted murder in the United States....

Decisions
Jenkins and Television New Zealand Ltd - 2002-062
2002-062

ComplaintLate Edition – news item – Solicitor General to appeal sentences of two convicted murderers, Dartelle Alder and Colin Bouwer – complainant convinced Mark Burton shown in item – breach of good taste and decency – inaccurate FindingsStandards 1 and 5 – complainant mistaken – Mark Burton not shown in item – no uphold This headnote does not form part of the decision. Summary [1] An item on Late Edition broadcast on TV One at 10. 45pm on 16 January 2002 reported that the Solicitor General was to appeal the sentences of two convicted murderers, Dartelle Alder and Colin Bouwer. The item included footage of the two men. [2] Ron Jenkins complained to Television New Zealand Ltd, the broadcaster, that the item included footage of Mark Burton, who was found not guilty on the grounds of insanity of murdering his mother....

Decisions
Boyce and Television New Zealand Ltd - 1999-205, 1999-206
1999-205–206

SummaryEpisodes 12 and 13 of the series Havoc and Newsboy’s Sell-Out Tour were broadcast on TV2 on consecutive Tuesday evenings on 17 and 24 August 1999 beginning at 10. 00pm. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that what he called gratuitous swearing on the programme, which included the use of the word "fuck", breached the good taste standard. TVNZ responded that in the context of a late evening broadcast and the fact that the programmes were classified as AO, it did not consider that the language used posed a threat to the standard. It also suggested that the approach taken by Mikey Havoc and Jeremy Wells (Newsboy) was by now sufficiently well-established for the language to have come as no surprise to viewers....

Decisions
Sime and TVWorks Ltd - 2009-080
2009-080

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item on MTV music awards – showed actor Sacha Baron Cohen as his character Bruno dressed as an angel and only wearing a harness – Bruno was lowered in front of musician Eminem who was sitting in the crowd – Bruno was suspended upside down so that his buttocks were in the musician’s face – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – unsupervised children unlikely to watch news programmes – item did not contain material that would have disturbed or alarmed child viewers – not upheld This headnote does not form part of the decision....

Decisions
Bishop and Television New Zealand Ltd - 1995-005
1995-005

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 5/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by Dr GRAEME BISHOP of Picton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Schwabe and Radio New Zealand Ltd - 2001-219
2001-219

ComplaintNational Radio – Saturday Morning programme – host referred to rock band as "miserable buggers" – offensive language FindingsSection 4(1)(a) – consideration of context required as specified in Principle 1 Principle 1 – language did not refer to anal intercourse or bestiality – acceptable in context – no upholdThis headnote does not form part of the decision. Summary [1] During the Saturday Morning programme broadcast on National Radio on 28 July 2001, the host described a rock band as the most "miserable buggers" he had ever seen. [2] Paul Schwabe complained to Radio New Zealand Ltd, the broadcaster, that the word "bugger" was contrary to good taste and decency. [3] Declining to uphold the complaint, RNZ noted that the Authority's research showed that almost three-quarters of those interviewed considered the word "bugger" to be acceptable....

Decisions
Hutchings and Television New Zealand Ltd - 1998-156
1998-156

SummaryA promo for an episode in the series The Human Body showed a naked pregnant woman and was broadcast on TV One at about 6. 40pm on 17 September. Ms Hutchings of Palmerston North complained that it was disgusting to use that imagery to sell a programme, particularly in the early evening. She pointed out that viewers who might choose not to watch the programme because they found the images offensive were not given a choice about watching the promo because no prior warning was given. In its response, TVNZ maintained that as the image was not prurient it did not breach the good taste standard. It emphasised that pregnancy was part of the natural process of human life which the series traced from conception, through pregnancy and birth to adolescence, adulthood and finally death....

Decisions
Dickinson and The Radio Network Ltd - 2008-126
2008-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....

Decisions
McArthur and CanWest TVWorks Ltd - 2007-069
2007-069

Complaint under section 8(1)(b) of the Broadcasting Act 1989South Park – picture of a statue of Jesus Christ – voice said “Look at me, I’m Jesus. Would you like me to crap on you Mr Bush?...

Decisions
Flowers and Television New Zealand Ltd - 1994-126
1994-126

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MAVIS FLOWERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Singh and NZME Radio Ltd - 2020-089 (16 December 2020)
2020-089

The Authority has not upheld a complaint about an interview on talkback radio show, Kerre McIvor Mornings, in which host Kerre McIvor criticised a caller for his position on the Government’s COVID-19 response saying ‘For God’s sake, listen to you’, and ‘God you’re pathetic’. The Authority found Ms McIvor’s comments and approach were unlikely to undermine widely shared community standards or to have caused widespread undue offence or distress. Not Upheld: Good Taste and Decency...

Decisions
Markula and Mediaworks Radio Ltd - 2020-144 (31 March 2021)
2020-144

The Authority has not upheld a complaint about an interview between Magic Talk host Ryan Bridges and World Health Organisation Special Envoy Dr David Nabarro. The complainant argued the interview contained inaccurate information about Sweden’s approach to COVID-19 and mask wearing, and inaccurately suggested Dr Nabarro advocated New Zealand adopt Sweden’s approach. The Authority found the relevant statements were comment, analysis or opinion to which the accuracy standard does not apply. It also concluded they were not materially inaccurate or misleading in the context of the interview. The standards of good taste and decency, balance and fairness either did not apply or were not breached. Not Upheld: Accuracy, Good Taste and Decency, Balance, Fairness...

Decisions
North and Television New Zealand Ltd - 1994-028
1994-028

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 28/94 Dated the 9th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GRAEME NORTH of Warkworth Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Nixey and NZME Radio Ltd - 2020-037 (24 August 2020)
2020-037

The Authority has not upheld a complaint that a satirical segment would have been offensive to Christians. The segment was an imagined promo for reality show The Block, set in Jerusalem and featured contestants who shared the names of biblical figures, including Jesus, Mary, Joseph, Thomas and Judas. The promo was broadcast on Good Friday. The Authority did not consider the broadcast’s content would have unduly offended or distressed the general audience, and it did not reach the high threshold necessary for finding it encouraged the denigration of, or discrimination against, Christians as a section of the community. The broadcast did not cause actual or potential harm at a level which justified limiting the right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Stark and Discovery NZ Ltd - 2021-080 (15 September 2021)
2021-080

The Authority has declined to determine a complaint about the use of the phrase ‘Jesus Christ’ by an English football fan expressing excitement during a news item covering England’s win against Denmark in the UEFA European Football Championship semi-finals. The Authority has found on numerous occasions the use of ‘Jesus Christ’ or similar terms as an exclamation does not amount to a breach of standards. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

Decisions
McKinley and Discovery NZ Ltd - 2022-040 (18 May 2022)
2022-040

The Authority has declined to determine a complaint alleging R&R breached the good taste and decency, discrimination and denigration, accuracy and fairness standards. The programme discussed Aotearoa New Zealand’s colonial history. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy, Fairness...

Decisions
Joseph and Television New Zealand Ltd - 2020-129 (9 February 2021)
2020-129

The Authority has not upheld a good taste and decency complaint that the treatment of a clip showing a ‘devastating’ explosion in Lebanon was inappropriate in a segment rounding up ‘all the crazy, messed-up oddities’ of the week. The context and the importance of freedom of expression meant there was no harm justifying regulatory intervention in the circumstances. Not Upheld: Good Taste and Decency; Discrimination and Denigration...

Decisions
Smith and MediaWorks TV Ltd - 2020-016 (14 July 2020)
2020-016

The Authority did not uphold a complaint under the good taste and decency standard about the use of the phrase ‘child pornography’ in a Newshub item reporting on the arrest of Sir Ron Brierley. The complaint was that the item should have instead referred to child sexual exploitation, as ‘pornography’ infers consent and normalises a terrible practice. The Authority acknowledged the complainant’s concerns about the use of appropriate terminology with regard to very serious criminal conduct against children, and noted that what is appropriate terminology is contested internationally among authorities and global agencies. The Authority also consulted the Digital Safety Team at the Department of Internal Affairs (DIA), which deals with issues including countering child sexual exploitation. DIA advised that it does not use the phrase ‘child pornography’ and considers the term ‘child sexual abuse material’ most accurately describes the illegal material involving children....

Decisions
Sandbrook and Mediaworks Radio Ltd - 2017-096 (16 February 2018)
2017-096

Warning: This decision contains language that some readers may find offensive. Summary[This summary does not form part of the decision. ]The song ‘Fire Water Burn’ by the Bloodhound Gang was broadcast on The Rock FM at 5. 45pm on 25 October 2017. The song contained the word ‘motherfucker’, which was partially censored, and also contained lyrics such as, ‘but if I crashed into Uranus I would stick it where the sun don't shine’. The Authority did not uphold a complaint that the song, in its edited format, breached the good taste and decency standard. The Authority acknowledged that the censoring could have been more effective in disguising the word used, and that some of the lyrics may offend listeners....

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