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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 111/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-078 Decision No: 1996-079 Decision No: 1996-080 Dated the 18th day of July 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by STEPHANIE JOHNSON of Christchurch and MURRAY JOHNSON of Christchurch and JULIA KING of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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...

Summary [This summary does not form part of the decision. ] At the conclusion of an interview with a scientist on The Paul Henry Show, Mr Henry asked her, ‘Did you have sex with Richard Branson? ’ The Authority did not uphold the complaint that the question was inappropriate and discriminated against women. It was a provocative remark that was not unduly surprising given Mr Henry’s well-known style. It was also relevant that the scientist herself was apparently not offended and was aware she might be questioned about Mr Branson. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During The Paul Henry Show, Mr Henry interviewed a scientist, Dr Michelle Dickinson, about her research. At the end of the interview he asked about her recent experience staying with Richard Branson, a well-known businessman....

Summary[This summary does not form part of the decision. ]During a sports news segment on Breakfast, the sports presenter was discussing American golfer Jordan Spieth’s victory at the British Open Championship. At the end of the segment the presenter remarked, ‘Yeah, they don’t have very good humour the British, do they? They probably didn’t get [Mr Spieth’s] speech. ’ A complaint was made that this comment was ‘racist and untrue’. The Authority did not uphold the complaint, finding the comment was not malicious and was unlikely to cause widespread offence, therefore any potential harm caused by the broadcast did not outweigh the broadcaster’s right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy  Introduction[1] During a sports news segment on Breakfast, the sports presenter discussed American golfer Jordan Spieth’s victory at the British Open Championship....

Complaint under section 8(1)(b) of the Broadcasting Act 1989One News – item on man who had been stabbed in the upper thigh by a stingray barb – complainant alleged that man’s testicles were visible as he showed the camera his wound – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – complainant mistaken – man’s testicles not visible – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on 25 October 2007, reported on a fisherman who had been stabbed in the upper thigh by a stingray barb. The item included an interview with the man in hospital, during which his wound was shown to the camera. The man’s underpants were partially visible underneath his gown....

ComplaintOffice Goss – The Edge – caller claimed that a school principal was a lesbian in relationship with another teacher – breach – good taste – privacy – fairness – accuracyFindingsNo tape available – decline to determine – s. 11(b) – warningName of complainant and town of residence deleted to preserve privacyThis headnote does not form part of the decision. Summary[1] To protect the privacy of the persons referred to in this complaint, the Authority makes an order deleting reference to the complainant other than by initials, and deleting reference to the town from which the complaint emanated. [2] The programme Office Goss was broadcast by The Edge. In the programme broadcast between 7. 30–8....

Complaint Jagad Guru Speaks – spiritual programme – discussion regarding transubstantiation – reference to priest getting drunk on wine – offensive – unfair FindingsStandard 1 – majority – contextual matters – no uphold – minority – offensive Standard 6 – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Jagad Guru Speaks, a spiritual programme, was broadcast by Triangle Television between approximately 8. 30–9. 00am on 21 November 2002. The concept of transubstantiation was discussed, and when referring to the role of the priest the presenter made the comment that the priest got "drunk on the wine in the back room". [2] Bernard Maney complained to Triangle Television Ltd, the broadcaster, that the comment was offensive and insulting to priests and Christians....

ComplaintLexus Sunday Theatre: Hound of the Baskervilles – Promo – Jesus Christ – blasphemy FindingsStandard 1 and Guideline 1a – context – no uphold Standard 6 and Guideline 6a – did not encourage denigration – no uphold This headnote does not form part of the decision. Summary [1] "Jesus Christ" was the phrase uttered by a character shown in the promo for The Hound of the Baskervilles. The promo for the Sherlock Holmes drama, to be screened on "Lexus Sunday Theatre", was broadcast on TV One at about 7. 15pm on 31 May 2003. [2] Evan Swale complained to Television New Zealand Ltd, the broadcaster, that use of the phrase "Jesus Christ" was denigratory, and insulting and offensive. [3] In response, TVNZ acknowledged that the use of the phrase in that way could cause offence to devout Christians....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – footage from British reality series Sex Inspectors included a couple engaged in various sexual acts – allegedly in breach of good taste and decency, law and order, privacy, balance, accuracy, fairness, programme classification and programme information standardsFindings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – warning sufficient – not upheld Standards 2–6 and 8 – complaint based on mistake – not relevant – not upheldThis headnote does not form part of the decision. Broadcast [1] At approximately 9. 50pm on 14 December 2004 the presenter of Eating Media Lunch on TV2 introduced a segment which was to feature in the following episode. Brief footage from a British reality series called Sex Inspectors was shown, including a couple engaged in various sexual acts....

ComplaintLast Dance – movie – offensive language – "is she sucking your cock? " – "cock sucking bitch" FindingsStandard G2 – context – AO programme – AO time – warning – no uphold This headnote does not form part of the decision. Summary The movie Last Dance was broadcast on TV3 at 9. 30pm on Thursday, 15 March 2001. Last Dance is a movie about a government official who tries to save a woman on death row from execution. Philip Smits complained to the broadcaster, TV3 Network Services Ltd, that a scene during which one character asks another "is she sucking your cock? " and the woman on death row is referred to as a "cock sucking bitch" contained language which was unacceptable for broadcast....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast– host made comment about Asian drivers slowing down – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comments provocative and borderline but threshold for restriction on freedom of expression not reached – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One at 6. 30am on Wednesday 16 June 2010, the host Paul Henry interviewed a representative from AA Insurance about a recent survey which investigated the top ten frustrations of drivers on New Zealand roads. [2] At the conclusion of the interview, Mr Henry discussed his biggest driving frustration with his co-host Pippa Wetzell, who also talked about what frustrated her while driving....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Groove in the Park – text messages ran across the bottom of screen during broadcast of live music event on Waitangi Day – contained content which the complainant found offensive – allegedly in breach of good taste and decency, contrary to children's interests, denigratory and in breach of promotion of liquor standardFindingsStandard 1 (good taste and decency) – use of expletives in graphic sentences was contrary to the observance of good taste and decency – upheldStandard 6 (fairness) and guideline 6g (denigration) – text messages encouraged denigration of and discrimination against sections of the community based on race – upheldStandard 9 (children’s interests) – broadcast was G-rated and children likely to be watching on a public holiday – content highly unsuitable for children – upheld Standard 11 (liquor) – unable to determine in the absence of a recording – decline…...

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....

Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989Campbell Live – report on Cindy Crawford – item contained photos of her from Playboy magazine in which her breasts were shown – allegedly in breach of good taste and decency, programme classification and children’s interests standards The Authority's DecisionStandard 1 (good taste and decency) – majority – item did not dwell on the pictures in a salacious way – the pictures were tasteful and relevant to the context of the item – contextual factors – not upheld Standard 9 (children’s interests) – majority – photographs were an artful depiction of the female form – no emphasis was placed on Ms Crawford’s breasts – sufficient consideration given to the interests of child viewers – not upheld Standard 7 (programme classification) – news and current affairs programmes are unclassified – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Erin Simpson Show – lyrics of song performed by New Zealand band on the show – allegedly in breach of good taste and decency and accuracy standards FindingsStandard 1 (good taste and decency) – lyrics were oblique – teenagers more likely to be watching than young children – acceptable in G programme – not upheld Standard 5 (accuracy) – not a news, current affairs or factual programme – complainant did not identify any inaccurate statements – not likely to have alarmed viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Erin Simpson Show, a programme aimed at teenagers and containing a mixture of interviews, band performances, and information about the latest games, technology, TV and movies, was broadcast at 4. 30pm on TV2 on Tuesday 5 May....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News and Sports Tonight – words “tough” and “disconnect” allegedly used by presenters – allegedly in breach of good taste and decency, law and order, and privacy Findings Standards 1 (good taste and decency), 2 (law and order) and 3 (privacy) – adequate response from broadcaster – use of the words did not threaten broadcasting standards in any way – not upheld This headnote does not form part of the decision. Broadcast [1] 3 News was broadcast on TV3 at 6pm on Friday 25 September 2009. Sports Tonight was broadcast on TV3 at 11pm on Wednesday 30 September 2009....

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....

SummaryAustralian author Kathy Lette was interviewed on National Radio’s Nine to Noon programme at about 11. 30am on 30 November 1998, and discussed "her fast fire novels about sex and love and cellulite. "Mr Mauger complained to Radio New Zealand Ltd, the broadcaster, that the content of the interview, with its emphasis on sex, was offensive. He emphasised that the subject matter was inappropriate for children as well as for a general audience. In its response, RNZ reported that the language used was in the context of the review of a literary work, and in its view was not gratuitously shocking, tasteless or in contravention of decency. In addition, it noted, the context was expressed by the interviewer in her introduction to the review. RNZ declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Mauger referred the complaint to the Broadcasting Standards Authority under s....