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An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

SummaryDuring the course of the evening’s broadcast on The Rock on 28 June 1999, reference was made to a computer image of "a Dalmatian shagging a chick" and an All Black’s sexual orientation. The word "fuck" was used on several occasions in a broadcast on The Rock during the evening two weeks earlier – on 14 June 1999 – and a female caller who objected to being called "a dozy bitch" was told to "fuck off" if she did not like it. Mr Bartlett complained to The RadioWorks, the broadcaster, that it had breached the Broadcasting Act by using discriminatory, unfair and indecent language. He cited a number of specific instances which he asked the station to address. The station’s programme director responded that the show was targeted at an audience of males aged between 18–39 years and that its style appealed to them....

Complaint under section 8(1B)(b )(i) of the Broadcasting Act 1989Californication – episode contained language, simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld No Order This note does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody. [2] The episode revolved around the relationship between Hank and his good friend and agent Charlie who had recently separated from his wife and temporarily moved in with Hank....

This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

Summary A promo for the Jo Brand programme included a "stand-up" comedy routine in which the comedian related how her mother warned her not to take sweets from old men. In relating the story, she used the expression "getting his knob out". The promo was broadcast on TV4 on 26 January 1999 at 7. 40pm during a PGR-rated programme. Mr Raffray complained to TV4 Network Ltd, the broadcaster, that the language used resulted in the broadcast of AO content during a PGR time-slot, without any warning, and during a programme which appealed to younger viewers. TV4 responded that the promo had a "hard PGR" rating which, it wrote, meant that it could not screen in programmes aimed at children. Because of the way the joke was told, the colloquial words were obscure enough not to be understood by younger viewers, it added....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – played soundtrack which conveyed the impression that a woman was having sex with a bull – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – soundtrack was gratuitous and prolonged – theme of bestiality would have offended a significant number of listeners – played when children were likely to be listening – upheld No Order This headnote does not form part of the decision. Broadcast [1] At approximately 10. 15am on Sunday 22 October 2006, the presenter of Radio Sport played an audio track containing sounds which conveyed the impression that a woman was having sex with a bull. The soundtrack lasted for 34 seconds, after which the presenter made the following comments: My god is there nothing those people won’t get up to up there....

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – hosts commented on the name “Chris Peacock” – references to an item on KFC menu called “crispy cock” – mock advertisement containing references to oral sex – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – sustained and repetitive sexual references – likely that young people would have been listening – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] At around 7. 55am on 26 October 2004 the hosts of The Morning Madhouse on the radio station The Edge joked about a complaint they had received from a person by the name of Chris Peacock....

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...

ComplaintThe Edge – announcer makes anonymous call to woman – purports to be buying magazines – says has fetish for "shirtless Papua New Guinea women" – threatening and offensive – breach of good taste and decency FindingsPrinciple 1 – sinister – threatening – breach of good taste and decency – uphold OrderBroadcast of summary – costs of $500 to Crown This headnote does not form part of the decision. Summary [1] During a broadcast on The Edge on 17 October 2001 between 9. 30am and 10. 00am, one of the announcers telephoned a woman who was advertising National Geographic magazines, purporting to be a potential buyer. He told the woman he had a fetish for "topless Papua New Guinea women" and requested copies of the magazines carrying such pictures....

Summary On two occasions on 31 July 1998 between 9. 00-9. 30am, a caller to Hot 93FM referred to the winner of an on-air competition as "That bitch E…C…". The caller said she had helped the winner with the answers to the competition, but that the winner had refused to share the prize of a dinner for four. Station staff then made two hoax calls in a similar vein. Ms C, the winner of the competition, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy was breached by the broadcast. She also complained directly to the station that it contravened the requirement for broadcasters to observe standards of good taste and decency. She reported that she had been extremely upset by the calls....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-078 Dated the 23rd day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by T A JOHNSON of Ravensbourne Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covering the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court describing his attack – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – viewers would not have expected the level of explicit detail provided – item required a warning – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 13 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott. The presenters introduced the item by saying: The university tutor who killed his former student and girlfriend has given his version of what happened in her bedroom that day....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about latest season of local drama series Outrageous Fortune – contained clips of sex scenes from the series – allegedly in breach of good taste and decency, responsible programming, and children’s interests standards FindingsStandard 1 (good taste and decency) – inclusion of sex scenes was gratuitous in a news item – warning did not excuse that level of sexual material – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers by including sexual material in a news item broadcast during children’s normally accepted viewing times – upheld Standard 8 (responsible programming) – guidelines relating to promos and advertisements not applicable to news item – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $4,000 costs to the Crown This headnote does not form part of the decision....

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....

Warning: This decision contains language that some readers may find offensive The Authority has upheld a complaint about the classification and scheduling of an episode of SAS Australia which was classified ‘M’ and screened at 7. 30pm. The episode featured aggression, potentially distressing psychological elements and frequent coarse language (more than 35 instances or variations of ‘fuck’). The Authority found this content warranted a higher classification of ‘16’ rather than ‘M’, a stronger warning for frequent language and a later time of broadcast outside of children’s normally accepted viewing times (after 8. 30pm). It therefore upheld the complaint under the good taste and decency and children’s interests standards, as viewers were not given sufficient reliable information to make an informed viewing choice or exercise discretion. Upheld: Good Taste and Decency, Children’s Interests Not Upheld: Violence No order...

SummaryAn episode of British Sex was broadcast on TV3 at 9. 30pm on 28 October 1999. This series was publicised as a programme with a straight talking approach to all things sexual, which featuring "ordinary" people. Daphne Painting complained to TV3 Network Services Ltd, the broadcaster, that the programme was "a polluting intrusion and desecration of [her] home". She complained particularly about footage of a "body caster", who modelled body parts, including genitalia, which she described as "reprehensible in the extreme". She also stated her opinion that the programme’s effect on children would be to "corrupt" them. TV3 responded that British Sex was AO rated, screened an hour after the AO watershed, and was preceded by a written and verbal warning. It did not consider that the "body caster" segment was unacceptable in that context, commenting that the castings were non-sexual, and were neither lewd nor degrading....

Summary[This summary does not form part of the decision. ]Two complaints about Heather du Plessis-Allan’s use of the term ‘leeches’ to describe the Pacific Islands during Wellington Mornings with Heather du Plessis-Allan were upheld, under both the good taste and decency and discrimination and denigration standards. The Authority recognised the important role talkback radio plays in fostering open discourse and debate in society. However, the Authority found Ms du Plessis-Allan’s comments went beyond what is acceptable in a talkback environment, considering the use of language that was inflammatory, devalued the reputation of Pasifika people within New Zealand and had the potential to cause widespread offence and distress....

Summary [This summary does not form part of the decision. ]An item on 3 News which reported on a shooting massacre in a Kenyan Mall included footage of a man trying to hide, and then being shot at point blank range. The newsreader warned that the story contained ‘disturbing images’. The Authority upheld the complaint that this warning was inadequate to prepare viewers for witnessing a horrific execution. While recognising the very high public interest in the story and in the footage, viewers were not given a reasonable opportunity to exercise discretion or make a different viewing choice. The Authority did not make any order, as the decision provides sufficient guidance to broadcasters....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-119 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUZANNE MORTON AND DAVID GORDON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...