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Decisions
Smits and TV3 Network Services Ltd - 2001-128
2001-128

ComplaintThe Boys Club – film – fuck – offensive FindingsStandard G2 – adult theme – contextual factors – rating – warning – classification – time of screening – no uphold This headnote does not form part of the decision. Summary The Canadian film The Boys Club was broadcast on TV3 on 24 June 2001. It told the story of some teenage boys with a secret hideout who hide a dangerous criminal. Their conversation frequently used the word "fuck" and its derivatives. Phillip Smits complained to TV3 Network Services Ltd, the broadcaster, that the teenage boys as the main characters used offensive language extensively. People of that age, he wrote, should not be allowed to swear. In response, TV3 pointed to programme’s rating (AO), the time of screening (10. 40pm), and the verbal and written warning which preceded the broadcast....

Decisions
Crafts and Milne and TV3 Network Services Ltd - 1996-056, 1996-057
1996-056–057

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-056 Decision No: 1996-057 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by FRANK CRAFTS of Te Puke and G H MILNE of Wainuiomata Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Williamson and Radio New Zealand Ltd - 1996-086
1996-086

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-086 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J B WILLIAMSON of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Swale and Television New Zealand Ltd - 2003-098
2003-098

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....

Decisions
Turley and Television New Zealand Ltd - 2002-155, 2002-156
2002-155–156

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

Decisions
Mowat and Television New Zealand Ltd - 2004-163
2004-163

Complaint under section 8(1)(a) of the Broadcasting Act 1989Celebrity Treasure Island – question posed to contestant concerning “famous lesbian” – complainant alleged use of word in this context was breach of good taste and decency, privacy, fairness and children’s interests FindingsDeclined to determine – section 11(a) Broadcasting Act 1989 – isolated use of word “lesbian” does not raise issue of broadcasting standards – complaint trivial This headnote does not form part of the decision. Broadcast [1] Celebrity Treasure Island is a show in which New Zealand celebrities are “castaways” on a tropical island and vie for prizes for their nominated charities. [2] In an episode screened on 8 August 2004 at 7:30 pm, one of the contests was a quiz based around a “fishy” theme....

Decisions
Watson and Television New Zealand Ltd - 2001-023
2001-023

This decision was successfully appealed in the High Court and sent back to the BSA to rehear: AP 99/01 PDF369. 72 KBComplaintLoud overreaching advertisements in religious programmes broadcast on Christmas Eve – breach of good tasteFindingsG2 – presence and type of advertising not an issue of broadcasting standards – decline to determineThis headnote does not form part of the decision. SummaryThe programmes screened on TV One between 10:15pm and midnight on Christmas Eve included carols, Christmas music and Bible readings. John Watson complained to Television New Zealand Ltd, the broadcaster, that it was offensive for the commercial breaks during these programmes to feature Boxing Day bargains and an exhortation to end prostitution. Questioning whether the complaint raised a matter of broadcasting standards, TVNZ said that it was, by law, a commercial organisation....

Decisions
Boyce and Radio New Zealand Ltd - 1999-084
1999-084

Summary Monica Lewinsky was interviewed by Kim Hill on National Radio on 15 March 1999 just after 9. 00am, following the release of the book which dealt with her relationship with President Clinton. Simon Boyce of Paraparaumu complained to Radio New Zealand Ltd, the broadcaster, that one of the interviewer’s questions was unfortunate and inappropriate. He maintained that the interviewer had a history of asking her guests sexually explicit and intimate questions which were clearly embarrassing. In his view, this interview breached standards R2 and R5 of the Radio Code of Broadcasting Practice. RNZ responded that in the context of an interview with Ms Lewinsky, the language used had not breached the requirement to observe standards of good taste and decency....

Decisions
Barnes and ALT TV Ltd - 2007-029
2007-029

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…...

Decisions
Christini and RadioWorks Ltd - 2009-142
2009-142

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – song called “Fuck You” by Lily Allen was broadcast during the afternoon – the “F” in “fuck” was muted – host explained that the word obscured in the song began with “f” and ended in “u, c, k” – allegedly in breach of good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – “fuck” inadequately censored – use of the expletive during children’s normally accepted listening times unacceptable – host’s spelling out of the word “fuck” irresponsible – upheld Standard 8 (responsible programming) – broadcaster was not sufficiently mindful of the effect the programme content would have on children – upheld No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Fuck You” by singer Lily Allen was broadcast on The Edge at 3....

Decisions
Cross and Television New Zealand Ltd - 2008-059
2008-059

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – scene involved sexual encounter between two characters – allegedly in breach of good taste and decency and children’s interests Findings Standard 9 (children’s interests) – sexual activity was unambiguous – inappropriate for broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 9 No OrderThis headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street, broadcast on TV2 at 7pm on Wednesday 30 April 2008, included a scene in which two male characters, Gerald and Lindsay, were involved in a sexual encounter. Gerald and Lindsay were shown undressing and kissing; Gerald was in his underwear and Lindsay was shirtless, but still wearing his trousers....

Decisions
Leaper and CanWest TVWorks Ltd - 2005-096
2005-096

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency and unfairFindingsStandard 1 (good taste and decency) – contextual factors – 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] C4 broadcast an episode of Popetown at 9. 30pm on 22 June 2005. The series was set in a fictional Vatican City (called Popetown), and was centred around a young priest called Father Nicholas, a group of corrupt cardinals and a child-like Pope character. [2] During the episode on 22 June 2005, Father Nicholas became a wrestling hero after accidentally knocking out pro-wrestler “Ivan the Invincible”....

Decisions
Hadfield and Radio New Zealand Ltd - 2004-023
2004-023

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....

Decisions
Moore and Television New Zealand Ltd - 2003-071
2003-071

ComplaintOne News – item broadcast on Good Friday about modern Stations of the Cross exhibition – included picture of Jesus Christ on the lid of a toilet seat – offensive – unfair to Catholics FindingsStandard 1 and Guideline 1a – report of Christian celebration of Easter - context – no uphold Standard 6 and Guideline 6g – no denigration – no uphold This headnote does not form part of the decision. Summary [1] The modern and unconventional imagery used in a Stations of the Cross exhibition by a Christian Church group was featured in an item broadcast on One News at 6. 00pm on Good Friday. One image showed a picture of Jesus Christ inside the lid of a toilet seat....

Decisions
Nesdale and Television New Zealand Ltd - 2001-112
2001-112

ComplaintStrassman – fuck – offensive language FindingsSection 4(1)(a) – assessment of context required by standard G2 Standard G2 – acceptable in context – no uphold; comment – offensive language in end credits bordered on the gratuitous This headnote does not form part of the decision. Summary An episode of Strassman broadcast on TV2 at 9. 30pm on 5 June 2001 included the word "fuck" as part of the dialogue. Strassman is a comedy series featuring ventriloquist David Strassman. Grant Nesdale complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He argued that television should "upgrade" values, rather than denigrate them. In response, TVNZ contended that the language was not unacceptable in context, and declined to uphold the complaint. It also said that television’s role was to reflect society’s values....

Decisions
Baulch and The RadioWorks Ltd - 2000-014
2000-014

SummaryHost John Banks described parking wardens as "low lifes" in his programme on Radio Pacific broadcast on 26 August 1999 at about 8. 15am. Adele Baulch complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that as a former parking warden she found the comment objectionable. She sought a public apology from Mr Banks to all parking wardens in New Zealand. The broadcaster responded that no malice had been intended by the remark but admitted that the host’s language had been "a little strong". It apologised for distress caused to the complainant, and declined to uphold the complaint. Dissatisfied with The RadioWorks’ decision, Mrs Baulch referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have read the correspondence which is listed in the Appendix....

Decisions
Hooker and Television New Zealand Ltd - 2002-008
2002-008

ComplaintThe Sopranos – scene in which man attacks and kills pregnant woman – offensive – violence against woman and unborn baby – horrific – unjustifiable – gratuitous FindingsStandard G2 – unacceptable material – uphold Standard V1 – scene not essential or justifiable in context of programme – uphold Standard V2 – realistic violence used gratuitously for heightened impact – uphold Standard G8 – subsumed This headnote does not form part of the decision. Summary [1] An episode of The Sopranos was broadcast on TV2 at 9. 30pm on 6 September 2001. The Sopranos is a drama about an American-Italian mafia family living in the eastern United States. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about a scene in which a pregnant woman is beaten and killed, which he considered breached standards relating to good taste and decency, violence and appropriate classification....

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
Halliwell and Television New Zealand Ltd - 1998-076, 1998-077
1998-076–077

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-076 Decision No: 1998-077 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALICE HALLIWELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Gordon and TVWorks Ltd - 2009-139
2009-139

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained segment called “My Kid Could Draw That” – comments made about picture drawn by a child – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) – unnecessary for child to be identified – linked young girl to ribald adult sexual humour – exploitative – upheld Standard 9 (children’s interests) – programme broadcast outside of children’s normally accepted viewing times – not upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme 7 Days was broadcast on TV3 at 10pm on Friday 25 September 2009. The programme involved the host questioning two three-person teams of comedians about various events which had been reported in the media during the week....

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