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Robbins and Bright and The Beach 94.6FM - 2004-108, 2004-109, 2004-110, 2004-111
2004-108–111

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

Decisions
Turley and Television New Zealand Ltd - 2002-155, 2002-156
2002-155–156

ComplaintCrimebusters – piss and shit – offensive language – associating faeces with stolen food – sensational – identified alleged thief who soiled himself – unfair –alleged shoplifter had been humiliated by advising that he had soiled himself – Standard 6 and Guideline 6f – upheld by broadcaster Findings(1) Standard 1 – colloquial – context – borderline – no uphold (2) Action taken on Standard 6, Guideline 6f – action taken insufficient – uphold OrderBroadcast of statement This headnote does not form part of the decision. Summary [1] An episode of Crimebusters looked at shoplifting and some security operations to catch shoplifters. One segment dealt with a man in a supermarket caught hiding two cans of ham in his trousers. It was reported that he had soiled himself when questioned by the shop’s security staff, and the evidence was found on the cans when they were recovered....

Decisions
Hooker and Television New Zealand Ltd - 2002-034
2002-034

ComplaintPromo – 60 Minutes – "pissed off" – offensive language – incorrect classification – broadcaster not mindful of the effects of broadcast on children – broadcaster not mindful of explicit material in promo FindingsStandard G2 – context – no uphold Standard G8 – G rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold Standard G24 – not relevant This headnote does not form part of the decision. Summary [1] A promo for 60 Minutes was broadcast on TV One at 6. 50pm on 10 November 2001. The promo was for an item on Dean Barker, New Zealand’s America’s Cup skipper. [2] Michael Hooker complained to Television New Zealand Ltd, the broadcaster, about Mr Barker’s use in the promo of the phrase "pissed off". [3] TVNZ declined to uphold the complaint....

Decisions
Mills and 95bFM - 2001-102
2001-102

ComplaintStudent radio 95bFM – song "XXX" by rap band Atom – failure of station to respond within 20 working days to complaint – language in song breach of good taste and decency – "fuck and shit and suck my motherfucking dick" FindingsPrinciple 1 – broadcaster upheld complaint – action taken sufficient – also appropriate now to apologise to complainant – no uphold This headnote does not form part of the decision. Summary The song XXX by Atom was broadcast on 95bFM at about 1. 00am on 22 September 2000. The song began with a string of expletives, including the words "fuck" and "shit" and the expression "suck my motherfucking dick". These expletives were repeated at various times during the song. Judy Mills complained to the broadcaster, 95bFM, that the use of the expletives breached standards of good taste and decency....

Decisions
Brock and Television New Zealand Ltd - 2008-004
2008-004

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – “channel-surfing” segment – brief shot of “viewer’s” hands masturbating a penis-shaped dildo in front of the television – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – penis was obviously not real – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Eating Media Lunch, broadcast at 10pm on TV2 on 16 November 2007, contained a segment in which a “viewer” channel-surfed through a number of television programmes, some fabricated. The segment was constructed from the viewer’s point of view, so that the audience could see only the viewer’s hands. On three occasions, the viewer changed the channel to TV3, which was screening the breakfast show Sunrise. Each time, the viewer’s hands were shown doing something in the foreground....

Decisions
Porter and Television New Zealand Ltd - 2004-025
2004-025

ComplaintHow’s Life? – one panellist said to have encouraged people aged 13–14 years to have sex and to ignore parents and the law – complaint that comments offensive and unfair to children. Findings Panellist said questioners were responsible in seeking advice – did not encourage lawbreaking – suggested seeking parental advice – other panellists said that questioners should not have sex Standard 1 – not upheld Standard 2 – not upheld Standard 9 – not upheldThis headnote does not form part of the decision Summary [1] How’s Life? , which was broadcast each weekday on TV One at 5. 30pm and repeated at 9. 00 the following morning, featured a panel of local celebrities who answered questions about human relationships submitted by viewers. The programme broadcast at 9. 00am on 29 September 2003 considered a question from two young teenagers who asked whether they should have sex....

Decisions
Licari and Television New Zealand Ltd - 2006-091
2006-091

Complaint under section 8(1)(a) of the Broadcasting Act 1989Breakfast – one host made anti-Australian and anti-French remarks – allegedly in breach of good taste and decency and denigratory to the French. FindingsStandard 1 (good taste and decency) – denigration of French was essence of complaint – subsumed under Standard 6Standard 6 and guideline 6g (denigration) – high threshold for denigration not met – not upheldThis headnote does not form part of the decision. Broadcast [1] Breakfast is a news and magazine programme broadcast each weekday on TV One between 7. 00–9. 00am. On 17 July 2006, the hosts were involved in a light-hearted discussion about the marketing of New Zealand and lower-priced Chilean wine in some stores in Australia, when one of the hosts asked viewers: “Don’t you just hate Australians? ” He said that he did so, and added: “It used to be the French”....

Decisions
Duncan and CanWest TVWorks Ltd - 2005-106
2005-106

Complaint under section 8(1)(a) of the Broadcasting Act 198960 Minutes – footage of teenagers committing animal cruelty offences – images of hedgehogs and ducks subjected to cruelty – allegedly in breach of good taste and decency, and children’s interestsFindingsStandard 1 – good taste and decency – contextual factors – not upheld Standard 9 – children’s interests – contextual factors, particularly warnings, were sufficient – not upheldThis headnote does not form part of the decision. Broadcast [1] TV3 broadcast an item on 25 July 2005 at 7. 30pm entitled “God’s Creatures”, as part of the 60 Minutes current affairs programme. The item covered the recent arrest of two people in Huntly for animal cruelty. The item also dealt with the suggested link between animal cruelty and subsequent violent offences against people. [2] The item reported that the teenagers had set fire to cages which had trapped two feral cats....

Decisions
Steel and The Radio Network Ltd - 2006-008
2006-008

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – talkback programme – caller criticised the Kiwi rugby league team – host responded “get your head out of your arse”Findings Principle 1 (good taste and decency) – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast [1] On Saturday 7 January 2006, at approximately 11. 35am, the host of a sports talkback programme responded to a caller’s criticism of the Kiwi rugby league team by commenting “get your head out of your arse”. Complaint [2] Mr Steel complained about the use of the phrase “get your head out of your arse”. Principles [3] TRN assessed the complaint under Principle 1 of the Radio Code of Broadcasting Practice, which provides: Principle 1 In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the observance of good taste and decency....

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
Edwards and Television New Zealand Ltd - 2014-109
2014-109

Summary [This summary does not form part of the decision]A ONE News item showed security footage of a violent attack on a liquor store worker by four men to assist police in identifying and apprehending the attackers. Two explicit warnings were given prior to the footage. The Authority did not uphold the complaint that the violence shown was gratuitous. It was an important news story aimed at identifying and catching the attackers and was accompanied by clear warnings from the broadcaster. Not Upheld: Good Taste and Decency, Violence, Responsible ProgrammingIntroduction[1] A ONE News item showed a violent attack on a liquor store worker by four men. The security footage showed the store worker being punched, kicked and dragged across the store, having a bottle of spirits smashed over his head and being kicked in the head as he lay on the ground....

Decisions
Moffat and Television New Zealand Ltd - 2014-161
2014-161

Summary[This summary does not form part of the decision. ]At the end of an episode of Seven Sharp, presenter Mike Hosking read out a letter from a disgruntled viewer about comments he had made during an earlier episode about music group One Direction. The letter contained numerous expletives which were 'beeped' out during the broadcast. The Authority did not uphold a complaint that the 'disgusting' language was contrary to good taste and decency and children's interests. Beeping is a commonly employed broadcasting technique to mask potentially offensive language. While most viewers would have discerned what the words were, in the context of an unclassified current affairs programme targeted at adults, which is known for being humorous and at times provocative, the segment did not threaten standards....

Decisions
Harrison and MediaWorks Radio Ltd - 2019-024 (18 July 2019)
2019-024

The Authority has not upheld a complaint that a segment of Dom, Meg and Randell breached the good taste and decency and children’s interests standards. The Authority found that, while comments made on the show may have been distasteful to some, the broadcaster’s right to freedom of expression includes the right to broadcast such material provided this does not cause undue harm. The Authority found that, given the well-established nature of the programme, the station and their target audience, listeners and particularly those with children in their care had sufficient information to make an informed decision about what they listened to. The Authority noted that the standards do not prohibit inexplicit sexual references or sexual innuendo during children’s normally accepted listening times, and it was likely that many of the references during this segment would have gone over the heads of child listeners....

Decisions
Jelavich and MediaWorks TV Ltd - 2015-081 (28 January 2016)
2015-081

Summary[This summary does not form part of the decision. ]The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. The Authority did not uphold a complaint about this language. As the film was classified Adults Only, was preceded by a comprehensive warning and broadcast at 8. 30pm, the Authority found the broadcaster clearly informed viewers about the nature of the film and adequately considered the interests of children. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] The Heat, a comedy/action film about a mismatched FBI agent and police officer working together to take down a drug lord, contained frequent coarse language. [2] Rolfe Jelavich complained about the ‘frequent foul language’ broadcast at a time when children could be watching....

Decisions
McDonald and New Zealand Media and Entertainment - 2016-050 (22 August 2016)
2016-050

Summary[This summary does not form part of the decision. ]An item during a Newstalk ZB news bulletin featured an interview with Crusaders coach Todd Blackadder. The newsreader introduced the item by saying, ‘Crusaders coach Todd Blackadder believes their loss to the Highlanders is the kick up the backside they need. . . ’ The Authority did not uphold a complaint that the phrase ‘kick up the backside’ was rude, alluded to indecent assault and sexual abuse, and offended ‘community standards’. A ‘kick up the backside’ is a common, colloquial expression in New Zealand, meaning an unwelcome event or action that unexpectedly motivates or inspires. The expression would be well-known to listeners, who would not associate it with indecent or sexual assault. Therefore its use in this context did not threaten standards of good taste and decency....

Decisions
Lowe and Television New Zealand Ltd - 2003-040
2003-040

ComplaintPromo for Always Greener – bare buttocks masked by a "smiley face" – indecent – harmful to children FindingsStandard 1 and Guideline 1a – masking device not offensive – no uphold Standard 9 and Guideline 9a – not harmful to child viewers – no uphold This headnote does not form part of the decision Summary [1] A promo for Always Greener was broadcast on TV One at various times on 2 February 2003. A "smiley face" was used to cover the bare buttocks of a male character. [2] John Lowe complained to Television New Zealand Ltd, the broadcaster, that masking the human form in this manner was offensive and harmful to children. [3] In response, TVNZ said the "smiley face" was attached so that the promo could be shown at any time. It declined to uphold the complaint that the masking breached broadcasting standards....

Decisions
Simmons and 5 Others and CanWest RadioWorks Ltd - 2004-193
2004-193

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Decisions
Hind and TVWorks Ltd - 2010-040
2010-040

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nestle New Zealand’s Hottest Home Baker – baking competition – contestant exclaimed, “Oh my ring went into the cream! ” – host replied, “Usually it’s the other way round” – allegedly in breach of good taste and decency and responsible programming FindingsStandard 1 (good taste and decency) – comment was fleeting and unclear – programme broadcast in AO time – not upheld Standard 8 (responsible programming) – rest of the material was acceptable in a G programme – comment would have gone over the heads of child viewers – correctly rated G – screened outside of children’s viewing times – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Nestle New Zealand’s Hottest Home Baker was broadcast on TV3 at 8. 30pm on Thursday 25 February 2010....

Decisions
Chapman and The Radio Network Ltd - 2007-076
2007-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Decisions
Smith and Television New Zealand Ltd - 2007-142
2007-142

Complaint under section 8(1)(a) of the Broadcasting Act 1989Facelift – item featured a skit in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – skit clearly satirical – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme Facelift, broadcast on TV One at 10. 10pm on 10 September 2007, featured a skit of the Campbell Live show in which an actor pretending to be a TV presenter interviewed “Ray”, the stingray that killed prominent Australian Steve Irwin. During the skit, the actor playing the stingray discussed how he had not meant to kill Mr Irwin, and coughed up a piece of khaki clothing (Mr Irwin’s regular attire)....

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