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Decisions
Cochran and Radio New Zealand Ltd - 2017-032 (24 July 2017)
2017-032

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on the final stages of a court case in Auckland, known as the ‘Dome Valley’ kidnapping, in which a young woman was kidnapped, beaten, sexually violated and left to die by a group of her former friends. The reporter outlined the events of the kidnapping and the item featured segments of the victim giving evidence (with her voice disguised) via audio-visual link from another room in the closed court. The reporter and the victim outlined her assault and injuries in some detail. No audience advisory was broadcast....

Decisions
Raven and Pirate FM - 1994-089
1994-089

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 89/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JEFFREY RAVEN of Wellington Broadcaster PIRATE FM of Wellington I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Dale and Horizon Pacific Television Ltd - 1997-017
1997-017

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-017 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A J DALE of Wellsford Broadcaster HORIZON PACIFIC TELEVISION LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Binnie and 5 Others and TVWorks Ltd - 2010-097
2010-097

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....

Decisions
Bradstock and Māori Television - 2011-025
2011-025

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hunting Aotearoa – hunter said, “Fuck, wonder if I should shoot the cunt now” in reference to his dog – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – majority of viewers would not have expected that level of language in a hunting programme which did not carry a specific warning for language – research suggests that majority of viewers consider the word “cunt” unacceptable in the context of a reality television programme – upheld No Order This headnote does not form part of the decision. Broadcast [1] An episode of Hunting Aotearoa, a reality television programme about hunters, was broadcast on Māori Television at 9. 30pm on Thursday 24 February 2011. At approximately 9....

Decisions
Blissett and RadioWorks Ltd - 2012-006
2012-006

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....

Decisions
Campbell and Radio New Zealand Ltd -2019-077 (18 February 2020)
2019-077

Warning: This decision contains language that some readers may find offensive. The Authority upheld a complaint that the use of the word ‘fuck’ in an episode of the programme Eating Fried Chicken in the Shower breached the good taste and decency and children’s interests standards. While the Authority recognised the value and nature of the programme, it was not preceded by any offensive language warning which the Authority considered necessary as the language used was outside audience expectations for the programme, and the programme was aired at 7:30pm, at a time when children may be listening. Upheld: Good Taste and Decency, Children’s Interests No Order...

Decisions
EC and The Radioworks Hawkes Bay - 1998-132, 1998-133
1998-132–133

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....

Decisions
Morton and Gordon and TV3 Network Services Ltd - 1997-119
1997-119

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...

Decisions
West and Television New Zealand Ltd - 2010-073
2010-073

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....

Decisions
Guest and CanWest RadioWorks Ltd - 2004-217
2004-217

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....

Decisions
Durward and Television New Zealand Ltd - 2003-001
2003-001

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....

Decisions
Kelcher and Prime Television New Zealand Ltd - 2003-018, 2003-019
2003-018–019

Complaint Maximum Exposure – International Fight Club – clips of violent behaviour – breach of good taste – threatened standards of law and order – racist – inappropriate classification – unsuitable for children – excessive violence – Prime upheld complaint in part – apologised – removed series from broadcast – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld Findings (1) action taken on Standards 2, 7 and 10 – action taken insufficient – uphold(2) Standard 1 – context – upholdStandard 6 – not unfair to South American Indians – no upholdStandard 9 – unsuitable for child viewers – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] Maximum Exposure – International Fight Club was broadcast on Prime at 8. 30pm on Sunday 13 October 2002....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote 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....

Decisions
Mallard and 3 Others and Television New Zealand Ltd - 1994-127–1994-130
1994-127–130

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...

Decisions
Whaanga and Aotearoa National Maori Radio - 1997-016
1997-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-016 Dated the 27th of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PIRIPI WHAANGA of Wellington Broadcaster AOTEAROA NATIONAL MAORI RADIO J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Leitch and The RadioWorks Auckland (Energy Enterprises Ltd) - 1999-051
1999-051

SummarySome highlights from mid-week programmes were played on 91. 9FM Napier on 15 November 1998, a Sunday afternoon. One extract contained the following exchange: "I work for Cunard", to which the reply was "I work fuckin’ ’ard too, but I still can’t afford a car like that! "Mr Leitch complained to the station that the extract was highly offensive. Not only was the extract broadcast live at some time during the week when there might have been an excuse that it "slipped through", he said, but it was repeated as something the broadcaster was proud of. The station responded that Mr Leitch’s comments had been duly noted and acted upon. It offered its apologies for any distress the broadcast might have caused him. Dissatisfied with the decision, Mr Leitch referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Blackburn and TV3 Network Services Ltd - 2001-211
2001-211

ComplaintFilm – Albino Alligator – repeated and overwhelming use of fuck and motherfucker – offensive language FindingsStandard G2 – overwhelming and repetitive use of fuck and motherfucker was gratuitous – uphold No Order This headnote does not form part of the decision. Summary [1] The film Albino Alligator was broadcast on TV4 on 28 June 2001 beginning at 9. 30pm. It was a police drama involving a robbery and a hostage taking. [2] Owen Blackburn complained to TV3 Network Services Ltd, the broadcaster, that the repeated use of the "f" word in the scene when a reporter interviewed a police officer, was unnecessary. [3] In response, TV3 said that film was rated AO, and preceded by a written and verbal warning. Moreover, 56 cuts had been made by TV4’s appraiser because of the language, and screening was prohibited before 9. 30pm....

Decisions
Thomson and Television New Zealand Ltd - 2009-100
2009-100

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....

Decisions
Singh and Radio Virsa - 2017-001 (27 October 2017)
2017-001

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

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