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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 80/94 Dated the 19th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D. LOW of Kaeo Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

The Authority has not upheld two complaints that a promo for the ASB Women’s Classic tennis competition was in breach of the good taste and decency and discrimination and denigration standards of the Pay Television Code of Broadcasting Practice. The promo depicted a tennis player’s skirt flying up in a brief action shot of her hitting the ball. While acknowledging the potential effect of repeatedly viewing this clip, the Authority found that ultimately the clip was not likely to undermine current norms of good taste and decency and did not contain the high level of condemnation or malice necessary to find a breach of the discrimination and denigration standard. The broadcaster provided an explanation for the selection of the clip and the Authority was satisfied that the promo would not cause harm at a level justifying regulatory intervention. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Warning: This decision contains language that some readers may find offensive. The Authority has upheld a complaint that the frequent use of ‘fuck’ (and variations) during A Life on the Road breached the good taste and decency standard. The episode featured Brian Johnson of AC/DC talking to Lars Ulrich of Metallica about touring in the early 90s, along with footage from the tours and interviews with Metallica crew and fans. It was broadcast at 12pm with a ‘PGL’ rating (Parental Guidance; language may offend). The Authority found this did not provide sufficient reliable information to signpost the level and frequency of language in the programme and did not give the audience an adequate opportunity to exercise choice and control – meaning they were more likely to be surprised and offended by the content....

The Authority upheld aspects of seven complaints under the privacy and fairness standards, regarding broadcasts by RNZ which included material stolen from the Waikato District Health Board and released by hackers on the dark web. The broadcasts were about a child under the care of Oranga Tamariki, who was effectively ‘living’ in a WDHB hospital because Oranga Tamariki was unable to find them a placement. The Authority found the child was identifiable and their privacy was breached on a segment on Morning Report. While there was a legitimate public interest in the story, this did not extend to all the details included in the item. The Authority also found the Morning Report segment breached the privacy of the child’s family but not of the social worker involved. The fairness standard was also breached as the broadcasts were unfair to the child and their family....

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – priest accidentally removed “Pope’s” head and sewed it back on – allegedly in breach of good taste and decency, unbalanced and unfairFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – balance not required – 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 upheldThis headnote does not form part of the decision. Broadcast [1] An animated comedy series called Popetown centred around Father Nicholas, an idealistic young priest who lives in a fictional Vatican City (called Popetown) with a group of corrupt cardinals and a pogo-stick riding infantile Pope....

ComplaintMediawatch – National Radio – allegedly offensive languageFindings Principle 1 – language not offensive – not upheldThis headnote does not form part of the decision Summary [1] An interview with former broadcaster Ron Sneddon about recent changes in the radio market was broadcast during Mediawatch on National Radio at about 9. 10am on Sunday 28 September 2003. [2] Miss Hadfield complained about “offensive content and swear words” during the interview, in which references were made to: “tits, bums and fart jokes” a radio station called “The Bitch”. [3] In response, RNZ declined to uphold the complaint on the basis that the language was not offensive in the context of the broadcast. [4] Dissatisfied with RNZ’s decision, Miss Hadfield referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority does not uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item about strip club contained brief footage of woman wearing a G-string dancing erotically on a pole – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – footage was very brief and had some relevance to the subject matter – programme was broadcast more than two hours after the Adults Only watershed – majority of viewers would not have been offended in this context – not upheld This headnote does not form part of the decision. Introduction [1] An item on Nightline followed up an earlier report on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

ComplaintRadio Pacific – host is said to have stated that he supported invasion of Iraq and that Iraqis in New Zealand who did not do so should leave – bad taste – encouraged denigration FindingsPrinciple 1 and Guideline 1a, Principle 7 and Guideline 7a – conflict as to content of host’s comments – no tape – decline to determineThis headnote does not form part of the decision. Summary[1] In comments about the invasion of Iraq, the host (Paul Henry) on Radio Pacific is said to have stated that the invasion had the support of Westerners. Moreover, the complainant reported, the host stated that Iraqis in New Zealand who did not support the invasion should leave the country. The comments were said to have been broadcast at about 6. 45am on 11 April 2003....

ComplaintOne News – collapse of floor during wedding celebration in Jerusalem – amateur footage of moment of collapse – gratuitous and sensationalist – breach of good taste and decency FindingsStandard G2 – footage a legitimate part of news item – not especially graphic – no uphold Standard V12 – action taken by broadcaster sufficient – no uphold This headnote does not form part of the decision. Summary An item broadcast on One News at 6pm on 26 May 2001 reported on a civil disaster in Israel, in which the floor of a building in Jerusalem had collapsed during a wedding party, killing 30 people and injuring hundreds more. The item featured amateur video footage from the wedding celebration, including the moment the floor collapsed. J Carapiet complained to Television New Zealand Ltd, the broadcaster, that the broadcast breached standards of good taste and decency....

Summary An exchange on The Rock included a conversation between the announcer and an actor portraying a fictitious Australian character called Darryl Brock, during which Darryl Brock asked the announcer whether a woman announcer had "big tits" and if "she bang[ed] like a shithouse door in the wind". The exchange was broadcast at around 9. 00am on 25 November 1999. K E Broad complained to The RadioWorks Ltd, the broadcaster, that the language used was offensive and totally unacceptable, and that children could have heard it because of the time of the broadcast. The RadioWorks responded that the reference to the woman having "big tits" was "perhaps a little raunchy", but was a slang expression and did not contravene broadcasting standards. As to the second remark, the RadioWorks said that the word "shithouse" was also slang and that this remark did not contravene broadcasting standards either....

Download a PDF of Decision No. 1993-037:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1993-037 PDF364. 67 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Mother – movie contained coarse language and sex scenes – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A movie called The Mother was broadcast during TV One’s Sunday Theatre timeslot at 8. 30pm on Sunday 29 November 2009. The movie contained coarse language including the words “fuck”, “shit” and “cock”, as well as three sex scenes. [2] The first sex scene involved a man and a woman lying next to each other in bed. The man was performing a sex act on the woman, but they were covered up to their shoulders in blankets and no nudity was visible....

Summary The programme Police, broadcast weekly on TV2, depicts aspects of police work, including the apprehension of criminals. Episodes broadcast on 30 April and 14 May 1998 at 8. 00pm included angry exchanges where the word "fuck" and its derivatives were used on several occasions. Mr Werder complained to Television New Zealand Ltd, the broadcaster, that the language was offensive and should not have been broadcast at a time when children were watching television. In his view, the warning preceding the programmes was inadequate and did not absolve the broadcaster of its responsibility to be mindful of children. In its response, TVNZ pointed out that Police was a documentary about actual police work. It was all too common, it noted, that police encountered abusive people who gave vent to their feelings by using foul language....

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

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

Summary A representative of the Airline Pilots’ Association was interviewed on Holmes, broadcast at 7. 00pm on TV One on 2 September 1999, in connection with a strike by Ansett pilots. Mr Geddes complained to Television New Zealand Ltd, the broadcaster, that the interview was biased, unbalanced and actively denigrated pilots involved in the dispute. He said he was appalled at the rudeness of the interviewer and his unprofessional, discourteous behaviour. TVNZ conceded that the interview could be described as "robust" but did not agree that it was rude or biased. The pilots’ representative was given full opportunity to respond on their behalf, it argued. It explained that, as management had declined to appear, balance was achieved by the presenter adopting a "devil’s advocate" position in order to prevent the item from becoming a chronicle of viewpoints from the Pilots’ Association....

ComplaintThe Chimp Channel – animals trained to perform unnatural behaviours – bad taste – bad effect on children – insensitive FindingsStandard G2 – not in bad taste – no uphold Standard G12 – broadcaster apparently mindful of children – no uphold Standard V17 – animals not humiliated or badly treated – no uphold This headnote does not form part of the decision. Summary The Chimp Channel was screened weekly on TV2 at 5. 30pm on Saturdays. It was a comedy series set in a television studio in which most of the actors were animals. Melanie Vivian complained to Television New Zealand Ltd, the broadcaster, that it was contrary to animal welfare for animals to be trained to perform "unnatural behaviours"....

SummaryFollowing talkback host John Banks’ observations about those who supported Winston Peters in the upcoming election, a caller to Radio Pacific was told by him that she was stupid for supporting Mr Peters. The comments were alleged to have been broadcast on the morning of 19 November 1999 between 6. 00–9. 00am. Joyce Rhodes, the caller, complained to The RadioWorks (the broadcaster of Radio Pacific), that the host’s treatment of her deserved a severe reprimand and that he should be fined for his insulting and degrading observations. She also objected to having been cut off without having an opportunity to be heard. In its response, The RadioWorks apologised to Ms Rhodes for having cut her off, and emphasised that it was not its policy to do this to callers. It advised that it had addressed the matter to the programme’s producer....