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This decision was successfully appealed in the High Court: CIV 2011-485-840 PDF137. 27 KB Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – discussed anniversary of massacre at Aramoana – interviewed policeman who was involved – said “fucking” twice – allegedly in breach of good taste and decency, law and order, responsible programming and children’s interests standardsFindingsStandard 1 (good taste and decency) – Authority’s research suggests majority of viewers would consider “fucking” unacceptable before 8....

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…...

SummaryOne Network News, commencing at 6. 00 pm on TV One on Saturday 12 September 1998, broadcast a lengthy item on the findings of the Starr Report, and its effect on the possibility of impeachment proceedings being taken against President Clinton of the United States. Ms Jeune complained to Television New Zealand Limited, the broadcaster, that it was highly offensive for explicit sexual material to be discussed during children’s normal viewing time. The material screened could disturb younger children, or those who were not ready to discuss aspects of sexual behaviour, she maintained. TVNZ responded that the threat of impeachment potentially weakened the President’s leadership, and thus had a worldwide impact. Perjury was the central issue of the impeachment proceedings, and arose from the sexual relationship denied by the President, it continued....

Summary [This summary does not form part of the decision. ]The Authority declined to uphold complaints that three broadcasts showing fishing and hunting were barbaric and cruel. As the Authority has noted in previous decisions on similar complaints from the complainant, killing and preparing animals to eat is a fact of life and her concerns are based primarily on personal lifestyle preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about three episodes of fishing and hunting programmes. In general, her complaints were that fishing and hunting are barbaric and cruel. More specifically, she objected to the practices of catch-and-release fishing, live baiting and boar hunting. [2] The issue is whether the broadcasts breached any of the standards set out in the Free-to-Air Television Code of Broadcasting Practice....

ComplaintHolmes – research findings on third generation contraceptive pill – danger to women of blood clotting – presenter told users to throw their pills away – inaccurate – unbalanced – caused unnecessary panic, alarm FindingsStandard G1 – no inaccuracy – no upholdStandard G6 – key issues isolated – opportunity for response given – majority no upholdStandard G16 – health message presented – focus on individual stories – style of programme – no uphold This headnote does not form part of the decision. Summary The release of research findings detailing the risks to women of taking the third generation contraceptive pill was the topic of a Holmes item broadcast on 16 June between 7. 00-7. 30pm. The presenter suggested that those who were taking several named varieties of the pills should throw them out....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Four promos broadcast prior to 8. 30pm – three for programme Bad Girls – one for quiz show How Normal Are You? – allegedly in breach of standards relating to good taste and decency, programme classification, children’s interests and violenceFindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (programme classification) – Bad Girls – material suitable to be rated PGR – not upheld – How Normal Are You? – material suitable to be rated G – not upheld by majority Standard 9 (children’s interests) – Bad Girls – material appropriate to be rated PGR – not upheld – How Normal Are You?...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 82/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WHANAU SOCIAL SERVICES INC of Flaxmere Broadcaster TE REO IRIRANGI O NGATI KAHUNGUNU INC (Radio Kahungunu) J Potter Chairperson L M Loates R McLeod...

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 1989Nightline – item about strip club contained brief footage of woman wearing a G-string dancing erotically on a pole – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – footage was very brief and had some relevance to the subject matter – programme was broadcast more than two hours after the Adults Only watershed – majority of viewers would not have been offended in this context – not upheld This headnote does not form part of the decision. Introduction [1] An item on Nightline followed up an earlier report on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

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Summary A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal". Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast. 9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience....

Summary[This summary does not form part of the decision. ]An episode of Criminal Minds featured the murder of three restaurant workers during an armed robbery, prompting the FBI’s Behavioural Analysis Unit to re-open a similar cold case that occurred six years earlier. The episode contained violence and drug use. The Authority did not uphold the complaint that the episode breached broadcasting standards relating to responsible programming, children’s interests and law and order. The Authority found that while the episode contained challenging content, it was classified AO and was preceded by an adequate warning. The programme’s classification, pre-broadcast warning and established reputation as a crime drama enabled viewers to make an informed viewing decision. The programme did not contain visual acts of violence, and the drug use was not portrayed in an instructional or encouraging manner and was part of the episode’s narrative context....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-058 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ANN GILLANDERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) Promo for F**k Off I’m Small – use of “F**k Off” in the promo – promo screened during PGR-rated programme – allegedly in breach of good taste and decency and programme classification standards Findings Standard 1 (good taste and decency) – swear word was not said or spelled out – contextual factors – not upheld Standard 7 (programme classification) – promo should have been rated PGR but was appropriately screened during PGR programme – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme F**k Off I’m Small was broadcast on Tuesday 13 November 2007 at 7. 55pm on TV One during Coronation Street. F**k Off I’m Small was advertised as the premiere episode of a documentary series entitled Real Life, which was to screen at 9. 30pm on Wednesday....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter made comments about the nationality of the Governor General – 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 warranted more immediate response from broadcaster but remedial action taken in days following broadcast was reasonable – action taken sufficient – not upheld Standard 4 (controversial issues – viewpoints) – no discussion of a controversial issue of public importance – not upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld This headnote does not form part of the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19897 Days – contained racial comments, coarse language and sexual connotations – allegedly in breach of standards relating to good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – content amounted to legitimate humour/satire referencing current affairs issues – consistent with expectations of New Zealand comedy programme broadcast at 9. 30pm – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified AO and screened at 9. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of 7 Days, a comedy programme in which two teams of comedians reviewed the week’s news stories, was broadcast at 9. 30pm on TV3 on Friday 1 April 2011....

Summary [This summary does not form part of the decision. ]The song 'Anaconda' by Nicki Minaj was broadcast on Humm FM 106. 2, a Hindi radio station, at 3. 30pm on a weekday. The Authority upheld the complaint that the broadcast of the song, which contained swearing and sexually explicit language, at this time of day, on this station, would be unexpected and offensive to most listeners. Upheld: Good Taste and Decency, Responsible ProgrammingNo OrderIntroduction[1] Humm FM 106. 2, a radio station broadcast primarily in Hindi, featured a song (in English) called 'Anaconda' by American rapper Nicki Minaj. It contained swearing and sexually explicit language and was broadcast at about 3. 30pm on a Friday. [2] Jaswin Narayan complained that the song was 'loaded' with 'sexual content and language' that was 'completely inappropriate' for broadcast during the day....

Summary[This summary does not form part of the decision. ]During a discussion on Radio Sport's Crowd Goes Wild Breakfast show about the Black Caps' recent win over Bangladesh, one of the hosts said that anyone who criticised cricketer Martin Guptill could 'take your criticism and ram it up your arse'. The Authority did not uphold the complaint that this comment was irresponsible and inappropriate for broadcast at a time when children were likely to be listening. The language used would not have unduly surprised or offended regular listeners taking into account audience expectations of the hosts' well-known style, and of Radio Sport. The segment was otherwise innocuous and was not targeted at children. Not Upheld: Responsible ProgrammingIntroduction[1] During the Crowd Goes Wild Breakfast show on Radio Sport, the hosts discussed the Black Caps' recent win over Bangladesh....