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ComplaintRadio Pacific talkback – John Banks – critical of Italian team at America’s Cup – greasy Italians – unfair – offensive language – discriminatory – incomplete tape FindingsPrinciple 1 – offensive – uphold Principle 7 – no uphold OrderCosts to the Crown in the sum of $1000 This headnote does not form part of the decision. Summary During his talkback programme broadcast between 6. 00–9. 00am on 23 February 2000 on Radio Pacific, host John Banks referred to an incident which had occurred in the America’s Cup race the previous day when the Italian challenger had experienced a number of mishaps and a crew member suffered a head injury. Among other things, he was said to have described the team as "greasy Italians who should be sunk to the bottom of the Waitemata Harbour....

Complaint Mo Show – interview with makers of and participants in a pornographic film – offensive – unsuitable for children FindingsStandard 1 – gratuitous sexual activities – uphold Standard 9 – not children’s normally accepted viewing time – no uphold No Order This headnote does not form part of the decision Summary [1] The making of a pornographic film near Los Angeles was shown in a segment of the Mo Show broadcast on TV2 at 10. 00pm on Tuesday 3 September 2002. The Mo Show is targeted at a young adult audience and features two New Zealand comedians presenting events they encounter in a number of countries, focusing on popular music and film. [2] Lois Durward complained to Television New Zealand Ltd, the broadcaster, that the segment about pornographic film-making near Los Angeles was offensive and unsuitable for younger viewers....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Book reading: Eggs – story contained mature themes and coarse language – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – artistic work – language and themes acceptable in context – not upheld This headnote does not form part of the decision. Introduction [1] A book reading of Eggs, written by New Zealand author Maxine Alterio, was broadcast on Radio New Zealand National on 6 April 2012 (Good Friday) at 6. 50am. The story was told from the perspective of an “at risk youth” who attended a Polytechnic course where she and her classmates looked after eggs in order to learn parenting skills. The story contained mature themes including references to drug taking and sex, as well as some coarse language, for example, the words “shit”, “piss” and “bastard”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with actress Keisha Castle-Hughes and director Niki Caro about their new film The Vintner’s Luck – references to sex – showed scenes from the film of the main characters passionately kissing and the male character putting his head up the female’s skirt – allegedly in breach of good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – sex scene was gratuitous in a current affairs programme at 7pm – unsuitable for children – upheld – language was vulgar slang unexpected in this type of programme – borderline but not upheld Standard 1 (good taste and decency) – sex scene was not sufficiently discreet for PGR timeslot – upheld – language borderline but acceptable – not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Michael Laws Talkback – host spoke about shooting journalists – allegedly in breach of good taste and decency, law and order, and violence standards Findings Standard 1 (good taste and decency) – specific nature of the comments had clear potential to distress and offend, whether or not they were intended to be taken literally – upheld by majority Standard 2 (law and order) – host was not seriously encouraging listeners to shoot journalists – not upheld No Order This headnote does not form part of the decision. Background [1] Talkback radio is an important part of broadcasting in New Zealand and has been for a long time. Research which we have conducted has shown that about one-third of the adult population in New Zealand listens to talkback radio from time to time. 1 They do so for different reasons....

Download a PDF of Decision No. 1992-084:Atkinson and TV3 Network Services Ltd - 1992-084 PDF309. 13 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 88/95 Decision No: 89 /95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ALVA LANGFORD of Gisborne and ELISABETH GRUIJTERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Download a PDF of Decision No. 1990-012:Wood and Radio New Zealand Ltd - 1990-012 PDF452. 75 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Download a PDF of Decision No. 1993-078:Miller and Television New Zealand Ltd - 1993-078 PDF659. 74 KB...

Summary[This summary does not form part of the decision. ]3 News reported on a gun attack on a Tunisian beach resort, and showed amateur video footage of the event. The footage contained images of people shouting and running around in confusion, and gunshots and bomb blasts could be heard. The footage also showed the gunman lying in the street after he had been shot dead by police. The Authority upheld a complaint that this footage was disturbing and should have been preceded by a warning. While recognizing the high public interest in the story and the footage, viewers were not given a reasonable opportunity to exercise discretion because they were not adequately warned of its nature. The Authority did not make any order....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-019 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D R CAMPBELL of Papamoa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryThe morning broadcast on The Rock on 14 July 1999, included a "joke" about an Indian superette owner and his Pakistani worker. Mr Yousef complained to The RadioWorks, the broadcaster, that the joke was offensive and demeaning. He considered that the joke was both in bad taste and cast a "racial and religious slur". The broadcaster responded that the show was targeted at an audience of males aged between 18-39 years and that its style appealed to large numbers of that group. In the broadcaster’s view, those people were entitled to their own radio station which reflected their values, language and attitudes. The RadioWorks declined to uphold the complaint. Dissatisfied with the broadcaster’s decision, Mr Yousef 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 upholds the complaint....

ComplaintCoca Cola Chart Show – sex club routines – offensive behaviour – unsuitable for children – upheld by broadcaster – uncut version subsequently re-broadcastFindingsAction taken insufficient – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary A music video entitled "Madonna Music" was broadcast on the Coca Cola Chart Show on TV2 on 29 August 2000 at about 11. 30am. It included a night club sequence where women were shown performing night club routines. Deanna Clarke complained to Television New Zealand Ltd, the broadcaster, that the sexually overt content of the video fell short of accepted norms of decency and good taste. Further, as it was screened on a Sunday morning during children’s accepted viewing times, the broadcaster did not demonstrate that it was mindful of the video’s effect on children. TVNZ upheld Ms Clarke’s complaint under both standards....

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

ComplaintChannel Z – "motherfucker" – "fucking cunt" – offensive language FindingsPrinciple 1 – breach of current norms of good taste and decency – uphold OrderCosts of $750 to the Crown This headnote does not form part of the decision. Summary I B Anderson complained to Channel Z, the broadcaster, about the expressions "motherfucker" and "fucking cunt" being broadcast on 30 May 2001 just before 4. 30pm. When the broadcaster did not respond within the statutory 20 working days, Mr Anderson referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. The broadcaster then responded that Channel Z was a niche radio station with an alternative format, and that its audience had a liberal view of language. The broadcaster agreed that the expressions were offensive and would not usually be broadcast....