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Summary [This summary does not form part of the decision. ]An item on Campbell Live included brief footage of a person starting a lawn mower without the rear grass flap on. The Authority declined to determine the complaint that this breached standards of law and order, on the basis it was frivolous and trivial. The footage was extremely brief and part of a light-hearted story in an unclassified current affairs programme targeted at adults, so it could not be said to have encouraged or condoned criminal activity. Declined to Determine: Law and OrderIntroduction[1] The final episode of Campbell Live for 2013 contained a round-up of stories from the year, including very brief footage of a person starting a lawn mower without the rear grass flap on. The programme was broadcast on 20 December 2013 on TV3....

Summary [This summary does not form part of the decision. ] The George Selectah Show included audio from a YouTube parody of an advertisement for ‘Chaffers New Zealand Style Deck Sealant’, making fun of the way New Zealanders pronounce the word ‘deck’ to sound like ‘dick’. The Authority did not uphold the complaint that comments such as ‘every kid in the neighbourhood has been on my dick’ were in bad taste and joked about paedophilia. This was clearly intended to be humorous and did not promote or endorse paedophilia. Most regular listeners of George FM would not have been offended, taking into account the station’s target audience, and that the content was broadcast during school time when children were unlikely to be listening....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...

Summary [This summary does not form part of the decision. ] During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Harry – fictional crime drama series set in South Auckland in which a detective investigated a spate of robberies – allegedly in breach of standards relating to discrimination and denigration, law and order, good taste and decency, violence, and accuracyFindingsStandard 7 (discrimination and denigration) – standard not intended to prevent the broadcast of legitimate drama (guideline 7a) – programme did not encourage the denigration of, or discrimination against, South Pacific people as a section of the community – not upheld Standard 2 (law and order) – depiction of criminal activity in fictional drama did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld Standard 1 (good taste and decency) – sexual content brief and inexplicit – acceptable in the context of AO-rated programme broadcast at 9....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item profiled one man’s experience in a Chinese prison, including his claims about forced prison labour and the exportation of prison products to the West – allegedly in breach of standards relating to good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 4 (controversial issues) – item focused on the experience of one man – did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant’s concerns related to information that was conveyed as the interviewee’s personal opinion and interpretation of events – exempt from standards of accuracy under guideline 5a – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to in the item was treated unfairly – not upheld Standard 7 (discrimination and denigration) – item focused on one man and his…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – showed characters smoking cigarettes and dropping their cigarette butts on the ground – allegedly in breach of good taste and decency, and law and order standards FindingsStandard 1 (good taste and decency) and Standard 2 (law and order) – footage of characters smoking and dropping cigarette butts on the ground would not have offended most viewers and did not encourage viewers to break the law – acceptable in context and relevant to developing storyline – behaviour not portrayed as desirable – well within broadcaster’s right to employ dramatic licence – not upheld This headnote does not form part of the decision. Introduction [1] An episode of Shortland Street showed two characters smoking cigarettes before dropping their cigarette butts on the ground. The programme was broadcast on TV2 at 7pm on 19 April 2013....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video for Lana Del Ray song “Born to Die” contained the lyrics “Let’s go get high” and showed artist smoking – allegedly in breach of law and order standardFindingsStandard 2 (law and order) – lyrics and footage did not glamorise drug use and did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheldThis headnote does not form part of the decision. Introduction [1] A music video for the song “Born to Die” by artist Lana Del Rey contained the lyrics “Let’s go get high” and showed the artist smoking what was alleged by the complainant to be a marijuana cigarette. The music video was broadcast during the programme Blender on C4 at 10. 36am on Friday 8 March....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Lord of the Rings: The Fellowship of the Ring – characters referred to smoking “weed” and “leaf” – allegedly in breach of broadcasting standardsFindingsStandard 2 (law and order) – references to “weed” and “leaf” did not encourage viewers to break the law or otherwise promote or condone criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] During The Lord of the Rings: The Fellowship of the Ring, characters made two brief references to “weed” and “leaf”. Bilbo Baggins the hobbit, and Gandalf the wizard, were shown smoking pipes as Bilbo commented, “Old Toby, the finest weed in the South Farthing. ” Later, Gandalf said to Saruman the wizard, “All these long years [the ring] was in the Shire, under my very nose”....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on death of a man who was shot while out hunting – during visual reconstruction person pointed a firearm at the camera – allegedly in breach of law and order standard FindingsStandard 2 (law and order) – footage of a gun pointed at the camera did not, when taken in context, encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld This headnote does not form part of the decision. Introduction [1] A Close Up item reporting on the sentencing of a man convicted of shooting another man in a hunting accident, included visual reconstructions of people hunting. The reporter referred to previous hunting accidents, and a brief, out-of-focus shot of a gun pointing towards the camera was shown during a visual reconstruction of a hunting trip....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item reported on verdict in Ewen McDonald murder trial – reporter commented, “You could well be thinking, if he’s not guilty, why hasn’t he walked out these doors behind me and spoken to media?...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – guest presenter commented, in relation to web video of children’s television presenter Roger Waters, “suddenly there’s LSD in the water” – allegedly in breach of law and order, responsible programming, and children’s interests standards FindingsStandard 2 (law and order) – presenter’s comment was brief and light-hearted – viewers would not have been encouraged to break the law – children would not have understood the comment – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comment would not have distressed or alarmed viewers – not upheld Standard 9 (children’s interests) – comment was silly and oblique – children would not have appreciated its meaning, and would not have been encouraged to take LSD – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Willie and JT Show – hosts discussed industrial dispute at Ports of Auckland – host Willie Jackson made controversial comments in support of striking workers, for example, “I hope they get aggressive down there at the wharf”, “Go and bust your pickets over some of these scabs”, and, “I am into militant action” – comments allegedly in breach of law and order and responsible programming standards Findings Standard 2 (law and order) – taken in context, the comments amounted to the host’s vehemently expressed opinion – listeners would not have taken the comments seriously – broadcast did not encourage listeners to engage in unlawful activity, taking into account clarifications and retractions – high value protest speech was engaged so upholding the complaint would unjustifiably restrict freedom of expression – not upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 2 This headnote does not…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989TVNZ News and Close Up – four items allegedly in breach of broadcasting standards FindingsAuthority declines to determine complaints on the basis they are frivolous and trivial in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Section 11 of the Broadcasting Act 1989 authorises this Authority to decline to determine a complaint which has been referred to it if it considers: (a) that the complaint is frivolous, vexatious, or trivial; or (b) that, in all the circumstances of the complaint, it should not be determined by the Authority. [2] We see no reason to depart from the ordinary meaning of the words frivolous, vexatious or trivial. We consider that frivolous means not serious or sensible, or even silly....