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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-183 Decision No: 1996-184 Decision No: 1996-185 Dated the 17th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by BOB ATKINSON of Nelson and EVAN DAVIES of Hamilton and MARIA DOVE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-042 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by P M MACCALLUM of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-167 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRIS SORRELL of Darfield Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Paul France declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – afternoon host made comments about Green Party MP Keith Locke – allegedly in breach of good taste and decency, and fairness standards Findings Standard 6 (fairness) – viewers would have realised comments were host’s and callers’ interpretation of Mr Locke’s stance – public figures are open to criticism – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 This headnote does not form part of the decision. Broadcast [1] During Newstalk ZB’s afternoon show, broadcast between 1pm and 4pm on 5 January 2009, the host started a discussion about Green Party MP Keith Locke, saying: Keith Locke’s another one. He’s an apologist for terrorism....

SummaryAn episode of The Lakes broadcast on TV One on 26 May 1999 beginning at 9. 05pm contained a scene depicting a violent gang rape. Ms Wightman of Wellington, Mr Turley of Nelson and Ms Buchanan of Christchurch each complained to Television New Zealand Ltd, the broadcaster, about the episode. Ms Wightman contended that it was unacceptable to show sexual violence on public television, particularly when no warning was given prior to the programme that it would contain rape scenes. Mr Turley’s complaint focused not just on the rape scene, which he deemed unacceptable, but also on what he called the gratuitously offensive language used, and the programme’s focus on depraved and offensive sexual activity. Ms Buchanan objected to the fact that in the course of a single programme the content included murder, a gang rape and the prospect of fornication between a parishioner and a priest....

ComplaintThe Sopranos – offensive language – fuck – suck your dick FindingsStandard G2 – AO – warning – language appropriate to characters – no uphold This headnote does not form part of the decision. Summary An episode of The Sopranos was broadcast on TV2 on 18 May beginning at 9. 30pm. The Sopranos is an award-winning series from the United States which focused on a mob family's involvement with organised crime. J Lex Lawrence complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. He noted that he had been watching another channel and when he switched to TV2 he heard, in the space of about three minutes, the f word being used "at least 12 times". TVNZ said it could understand how a viewer unfamiliar with the series could easily be offended by the content. However, it noted, the programme had been broadcast at 9....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-035 Decision No: 1998-036 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DEPARTMENT OF CONSERVATION (Wanganui Conservancy) and W F CARLIN of Wanganui Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

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....

This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item parodied “naked” news programmes – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – sequence unnecessarily lengthy – gratuitously explicit – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Eating Media Lunch is a series that lampoons aspects of the media both in New Zealand and overseas. The use of semi-naked news presenters in some countries was featured in the item broadcast on TV2 starting at 10. 00pm on Tuesday 15 November 2005. [2] The item presented the “Fuck News” which was said to originate in France. The item showed two partly dressed presenters who seemed to be having sexual intercourse while reading the news....

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-038 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D THOMPSON of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary A promo for the Billy T Awards was shown during This is Your Life which featured Michael Jones on 29 October 1997 beginning at 8. 30pm. The promo referred to masturbation. Mr Hay of Auckland complained to Television New Zealand Ltd, the broadcaster, that it was inappropriate to include the promo during the broadcast of a programme about a well known sportsman which would be watched by a large number of young people. He said he found it offensive and crude. TVNZ responded that it unhesitatingly agreed with Mr Hay that the promo was inappropriately placed. It explained that it was an error of judgement which had been acknowledged by the department responsible for making and scheduling of programme trailers. It apologised for causing offence. Dissatisfied with the action taken by TVNZ, My Hay referred the complaint to the Broadcasting Standards Authority under s....

ComplaintCourage Under Fire – film – blasphemy – offensive language – "Jesus fucking Christ"FindingsStandard G2 – context – AO classification and time of broadcast – warning – no uphold This headnote does not form part of the decision. Summary The film Courage Under Fire was broadcast on TV3 on 21 May 2000 beginning at 8. 30pm. During a combat scene in the film, one of the characters was heard to say "Jesus fucking Christ". Brian Burlace complained to TV3 Network Services Ltd, the broadcaster, that the language used was blasphemous and offensive. TV3 explained that the programme was rated AO and had been preceded by a warning about its language. It also observed that the film had been edited to remove much of its coarse language....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Graeme Hill Show – included commentary from well-known atheist Pat Condell – Mr Condell made negative statements about religion and those who hold religious beliefs – allegedly in breach of good taste and decency, controversial issues and denigration and discrimination standards Findings Standard 1 (good taste and decency) – contextual factors – Bill of Rights Act – not upheld Standard 7 (discrimination and denigration) – comments lacked the necessary invective to reach the threshold for encouraging denigration – not upheld Standard 4 (controversial issues – viewpoints) – segment was an opinion piece – did not discuss a controversial issue of public importance – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Graeme Hill Show was broadcast on Radio Live at approximately 12. 55pm on Saturday 5 September 2009....