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Lord and Television New Zealand Ltd - 1998-075
1998-075

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-075 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PETER LORD of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Eliott and Mediaworks TV Ltd - 2019-062 (18 November 2019)
2019-062

During an episode of Newshub, political editor Tova O’Brien used the term ‘SNAFU’ in reference to a plane the Prime Minister was supposed to be on breaking down. The Authority did not uphold a complaint that the use of the term ‘SNAFU’ was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of Newshub and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘SNAFU’ did not threaten community norms of good taste and decency, or justify restricting the right to freedom of expression. Not Upheld: Good Taste and Decency...

Decisions
Smits and Television New Zealand Ltd - 1995-097
1995-097

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 97/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Atkins and Television New Zealand Ltd - 2007-066
2007-066

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....

Decisions
Cook and The Radio Network Ltd - 2006-017
2006-017

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport Breakfast Show – host Tony Veitch talking with British correspondent Mike Bovill – good natured exchange – host called correspondent a “wanker” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – tone and other contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] The host of the Radio Sport Breakfast Show (Tony Veitch) called the British correspondent (Mike Bovill) a “wanker” during an exchange about a New Zealand soccer player playing for Blackburn Rovers. The discussion was broadcast at about 6. 45am on Monday 23 January 2006. Complaint [2] David Cook complained to The Radio Network Ltd, the broadcaster, that the use of the word “wanker” was offensive....

Decisions
Martin and CanWest TVWorks Ltd - 2005-091
2005-091

Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – Prince Philip’s birthday – host noted that the Prince had criticised a number of ethnic and social groups over the years – host mentioned the right to freedom of expression – showed a picture of Prince Philip defaced with a moustache and horns, with a speech bubble saying “I’m a dork” – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – innocuous prank – raised no issue of good taste and decency – not upheld Standard 4 (balance) – no controversial issue of public importance – not upheld Standard 6 (fairness) – not unfair to Prince Philip – not upheldThis headnote does not form part of the decision....

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
AKO Ltd and Television New Zealand Ltd - 1994-015
1994-015

SummaryRadio Wha Waho was the name of a light-entertainment series set in a Maori radio station produced by TVNZ and broadcast weekly on Channel Two on Friday evenings starting on 15 October 1993. The directors of AKO Ltd complained to Television New Zealand Ltd that the first four programmes in the series misused the Maori language and invited viewers to laugh at rather than with the Maori characters. As a result, the series had had a negative impact on Maori business and, they argued, should be withdrawn. While acknowledging two language errors which it described as minor, TVNZ said the scripts were re-worked by members of its Maori Department to ensure that the programmes dealt sensitively with Maori humour and were not denigratory. It maintained that the broadcasts did not breach the standards. Dissatisfied with TVNZ's response, the complainants referred their complaint to the Broadcasting Standards Authority under s....

Decisions
Foster and Television New Zealand Ltd - 2001-063
2001-063

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Decisions
Maclean and Television New Zealand Ltd - 2000-028
2000-028

Decision The members of the Authority have viewed a tape of the film complained about and have read the correspondence which is listed in the Appendix. On this occasion, the Authority determines the complaint without a formal hearing. Mulholland Falls, a film about organised crime in Los Angeles, was broadcast on TV2 on 25 October 1999 beginning at 8. 30pm. It followed the adventures of a special police squad which had been set up to destroy gangs. Stuart Maclean complained to TVNZ that the opening sequence, which depicted what he said was the beginning of oral sex, was not of a standard consistent with good taste and decency and was completely unacceptable at 8. 30pm on a channel which purported to be a family channel. TVNZ assessed the complaint under standards G2 and G12 of the Television Code of Broadcasting Practice....

Decisions
Schwabe and Television New Zealand Ltd - 2011-084
2011-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989North – host used the phrase “buggered it” – allegedly in breach of standards of good taste and decency FindingsStandard 1 (good taste and decency) – tenth occasion that the complainant has complained about the word “bugger” – complaint vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During an episode of North, broadcast on TV One at 7pm on Sunday 27 March 2011, the presenter took a boat trip to Kawau Island. Speaking to the boat’s captain about the history of the island, the presenter said, “I’ve never understood Kawau. It’s always seemed to me that [Governor Sir George Grey] buggered it, you know? All sorts of animals and plants. . ....

Decisions
Henderson and TVWorks Ltd - 2011-126
2011-126

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for The Jono Project – contained brief silhouette image of a woman bouncing up and down apparently having sex – allegedly in breach of good taste and decency, responsible programming and children’s interests standards Findings Standard 1 (good taste and decency), Standard 8 (responsible programming), and Standard 9 (children’s interests) – image was fleeting, dark and relatively indistinct – promo did not contain any AO material – promo appropriately classified PGR and screened during Dr Phil – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] At approximately 1. 30pm during Dr Phil, broadcast on TV3 on 22 and 23 September 2011, a promo for The Jono Project was shown, which contained a brief silhouette image of a woman bouncing up and down, apparently having sex....

Decisions
Burton and Television New Zealand Ltd - 2012-041
2012-041

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Two and a Half Men – episode screened at 7. 30pm contained sexual innuendo including references to being “spanked”, “wearing my panties”, and transmitting sexual diseases – showed naked man with his genitals pixellated – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – sexual innuendo was inexplicit and sophisticated so that it would have gone over the heads of younger viewers – nudity pixellated – content consistent with programme’s PGR rating – contextual factors – not upheld Standard 9 (children’s interests) – episode correctly rated PGR – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision.  ...

Decisions
Wilson and Television New Zealand Ltd - 2013-069
2013-069

Summary [This summary does not form part of the decision. ]A One News item reported highlights of the ‘2013 MTV Video Music Awards’ and included footage of a female artist, Miley Cyrus, performing a provocative dance called ‘twerking’ while wearing a nude-coloured PVC bikini. The Authority did not uphold the complaint that the footage was inappropriate for broadcast during the news. The footage, while not to everyone’s taste, was relatively brief in the context of the item, which featured a number of highlights, and gave a flavour of what had occurred without being gratuitous. The inclusion of the footage was relevant in illustrating why the performance had generated worldwide media attention. Overall, the item was acceptable in the context of an unclassified news programme targeted at adults....

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
Djurdjevic and MediaWorks TV Ltd - 2016-004 (15 September 2016)
2016-004

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Decisions
Johnson and Radio New Zealand Ltd - 2018-003 (28 March 2018)
2018-003

Summary[This summary does not form part of the decision. ]An item on Morning Report featured an interview between presenter Kim Hill and a seismologist from GNS Science, following a 4. 3-magnitude earthquake the previous night. At the beginning of the interview, during a discussion of the seismologist’s initial reaction to the earthquake, Ms Hill said, ‘WTF’. The Authority did not uphold a complaint that the use of the term ‘WTF’ in this broadcast was unacceptable and a breach of the good taste and decency standard. The Authority found that, taking into account relevant contextual factors, including the nature of the programme, audience expectations of RNZ and Kim Hill, and the fact that the offensive word implied was not explicitly stated in the broadcast, the use of ‘WTF’ did not threaten community norms of taste and decency, or justify restricting the right to freedom of expression....

Decisions
Ngapo & Tolungamaka and Television New Zealand Ltd - 2018-099 (13 March 2019)
2018-099

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about episodes of Shortland Street, which followed the ongoing storyline of a threesome between a married couple and their nanny. The Authority acknowledged that some viewers might find this storyline distasteful and that some scenes and references might have raised questions for children. However, the Authority found that various contextual factors, including audience expectations of the long-running television drama and a warning for sexual material, prepared audiences for the likely content and minimised the potential for undue harm. The sexual material and references contained in these episodes were relatively inexplicit, with no nudity or sexual activity beyond kissing shown. Finally, the fictional sexual activity took place between consenting adults and no illegal or seriously antisocial activity was portrayed during the programme....

Decisions
O'Neill and Television New Zealand Ltd - 1990-029
1990-029

Download a PDF of Decision No. 1990-029:O'Neill and Television New Zealand Ltd - 1990-029 PDF1. 33 MB...

Decisions
Woods and Television New Zealand Ltd - 2004-058
2004-058

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Bootylicious – PGR promo – broadcast during One News between 6. 00pm and 7. 00pm – crass – objectified women’s bodies – timing of promo unsuitable for childrenFindings Standard 1 (good taste and decency) and Guideline 1a – promo for programme on recent fashion fad – did not threaten current norms of decency and taste – not upheld Standard 7 (appropriate classification) – promo classified “PGR News” – PGR appropriate classification – not upheld Standard 7 (compliance with classification band) and Guideline 7b – One News (although itself unclassified) is in G time-band – PGR promo did not comply with classification band – upheld Standard 9 (children’s interests) – broadcaster considered children’s interests in rating promo PGR – not upheldNo OrderThis headnote does not form part of the decision....

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