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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-146 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaint by ROBERT GREEN of Feilding Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryIn an item on Morning Report broadcast on 12 August at 7. 28am, the presenter suggested to an investment advisor, when he was interviewed about the possible sale of the Wellington Airport, that potential buyers would "have to be blind" to think the sale was not a political minefield. Mr Mosen complained to Radio New Zealand Ltd that he, as a blind person, found the comment highly offensive, as it equated blindness with stupidity. He maintained that it was distressing and unhelpful to have ignorant and inaccurate perceptions about blindness reflected by a current affairs presenter. He sought an apology. RNZ defended the use of the phrase which it asserted was used in a colloquial sense and also a metaphorical sense, and maintained that the meaning of the figurative use was perfectly clear....

SummaryA programme in the Documentary New Zealand series entitled "Hell for Leather" was broadcast on TV One on 14 June 1999 at 8. 30pm. It examined the fortunes of a footwear company managed by a prominent Maori businesswoman, as it struggled to avoid closure. Staff and management were seen to be severely stressed by the prospect of the business collapsing. Mr Christensen complained to Television New Zealand Ltd, the broadcaster, about the language used in a sequence where the manager and her staff were engaged in heated discussions regarding the company’s future. In his view, the language was unacceptable for broadcast, and should have been edited out. TVNZ responded that it considered the sequence to be important for contextual reasons as it revealed the extent of the strain the people were under....

Complaint3 News – comment by newsreader – offensive behaviour – mockery of middle-aged women Findings(1) Standard G2 – insufficiently offensive – no uphold (2) Standard G13 – no uphold This headnote does not form part of the decision. Summary A newsreader read an item on 3 News about a group of middle-aged English women who had raised money for charity by posing nude for a calendar, during which he commented "I bet that’s all they raised". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 26 March 2000. Jenny Rockel complained to TV3 Network Services Ltd, the broadcaster, that the newsreader had given the impression that the idea of women’s sexual viability in middle life was laughable. She considered that this was offensive and tasteless. In its response, TV3 said that the remark was unscripted and intended by the newsreader to be amusing....

ComplaintNews item about magazine for divorced people – offensive behaviour – picture of nude couple having sex FindingsStandard G2 – not inappropriate subject matter – momentary image – no uphold Standard G12 – not unsuitable for children – no uphold This headnote does not form part of the decision. Summary Divorced people were providing a new market for entrepreneurs in the magazine industry, according to a news report on One News broadcast on 28 September 2000 at about 6. 20pm. Pages which were shown from a magazine included a picture of an apparently nude couple. Glenyss Barker, secretary of Viewers for Television Excellence (VOTE), complained to Television New Zealand Ltd, the broadcaster, about the picture, which she said showed a nude couple having sex. She said it was inappropriate for broadcast at a time when children would be watching television....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item looked at trial of prison inmate charged with taking a female prison officer hostage and sexually assaulting her – showed Crown prosecutor telling the court that the inmate had shown the officer a note which referred to oral sex and had sniffed a sanitary disposal unit – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item on 3 News, broadcast on TV3 at 6pm on 12 May 2008, reported on the trial of a prison inmate who was facing five charges, including kidnapping and sexual assault, after taking a female prison officer hostage. The reporter stated that he had “barricaded the door and began to talk about sex and was visibly aroused”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported on a court trial in which several people were accused of being involved in the death of a toddler – included details of the abuse suffered by the child – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the abuse were not gratuitous – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Newstalk ZB at 5pm on Tuesday 21 October 2008, reported on the High Court trial of several people in relation to the death of a toddler. The presenter began the report by stating: The Crown has today outlined the horrific abuse Rotorua pre-schooler Nia Glassie went through for months before her death....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – comment from late-night talkback host about people from Christchurch “cuddling their sheep” – allegedly in breach of good taste and decency standard as made reference to bestialityFindings Principle 1 (good taste and decency) – Comment clearly intended to be humorous – no offensive language used – no direct reference to bestiality – comment very mild – not upheldThis headnote does not form part of the decision. Broadcast[1] Shortly after midnight during the Radio Pacific late-night talkback show on 20 December 2004, the host, Miles Davis, stated that he did not intend to take any more calls from Christchurch residents, and that they should simply go to bed and “cuddle up to their sheep”. Complaint[2] Bruce Newburgh complained to Radio Pacific that the comment was in bad taste, as it implied that people from Christchurch practised bestiality....

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....

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....

Complaint Mercury Lane – segment on short film Cow – film shown in full – bestiality – bad taste FindingsStandard G2 – context – no uphold This headnote does not form part of the decision. Summary [1] Mercury Lane was broadcast on TV One at 9. 05pm on 24 November 2001. The programme is a series which looks at various aspects of the arts in New Zealand. One of the segments was about the short film Cow. The film was broadcast in its entirety, and comment from the actors and the writer/director followed. [2] E P Cook complained to Television New Zealand Ltd, the broadcaster, about a scene in Cow in which one of the characters appears to be having sex with a cow. [3] TVNZ did not consider that the scene breached standards relating to good taste and decency, in the context in which it was broadcast....

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(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about recent release of controversial Barbie doll – panellist suggested there was a market in the Muslim world for “terrorist Barbie”, and in response the host suggested “suicide bomber Barbie” – allegedly in breach of good taste and decency, accuracy, discrimination and denigration, and responsible programming standards FindingsStandard 7 (discrimination and denigration) – panellists were offering commentary and opinion in a satirical manner, making the point that the marketers of Barbie dolls were smart to release controversial Barbies – comments did not encourage the denigration of, or discrimination against, Muslims as a section of the community – not upheld Standard 1 (good taste and decency) – comments were light-hearted and intended to be satirical/a joke – most viewers would not have been offended or distressed by the comments taking into account the context – not upheld Standard 8 (responsible…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Country Calendar – showed footage of young woman setting a leg-hold trap and moving behind a tree to kill a possum – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – footage was extremely brief and did not show anything graphic or gruesome as possum was killed off-screen – showed pest control as a normal part of rural life – acceptable in context – not upheld This headnote does not form part of the decision. Introduction [1] Country Calendar, an iconic New Zealand series about people living off the land in rural areas, showed footage of a young woman setting a leg-hold trap before moving behind a tree to kill a possum (the actual killing was not shown). The episode was broadcast on 6 April 2013 at 7pm on TV One....

Download a PDF of Decision No. 1993-096–097:Sharp and Leonard-Taylor and Television New Zealand Ltd - 1993-096, 1993-097987. 7 KB...

Download a PDF of Decision No. 1992-065:Boscott and Radio New Zealand Ltd - 1992-065 PDF191. 79 KB...

Download a PDF of Decision No. 1991-005:Coffey and Television New Zealand Ltd - 1991-005 PDF573. 48 KB...

Summary [This summary does not form part of the decision. ] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters, including cheese ‘made of milk with human toe jam and belly button bacteria’. The Authority did not uphold the complaint that this was offensive and breached standards of good taste and decency. While some viewers would have found the subject matter unpleasant and distasteful, it did not threaten current norms of good taste and decency to an extent which breached the standard. Not Upheld: Good Taste and Decency Introduction [1] An episode of Seven Sharp included a short round-up of things that had recently ‘caught the attention’ of the presenters. Commenting on a picture of a round of cheese, one presenter said: This cheese might look delicious – like a good aged brie perhaps. Wrong....