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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-021 Decision No: 1998-022 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by E of Napier Broadcaster GRAHAM J BARCLAY T/A SOUNDWAVE FM of Napier S R Maling Chairperson L M Loates R McLeod J Withers...
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....
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....
Dated: 6 July 2010 Decision No: 2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...
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....
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. 1990-012:Wood and Radio New Zealand Ltd - 1990-012 PDF452. 75 KB...
Summary[This summary does not form part of the decision. ]Kaho Naa… Pyaar Hai (Say… You’re in Love), a Bollywood romantic thriller film, was broadcast on free-to-air television channel APNA TV between 3pm and 6pm. The film featured action scenes containing violence. The Authority upheld a complaint that the film breached a number of broadcasting standards. The film was broadcast unclassified and with an incorrect programme description, which meant audiences were unable to make an informed viewing choice and were unable to regulate their own, and their children’s, viewing behaviour. The film’s inclusion of violent imagery such as beatings, shoot-outs, murder and dead bodies, and the visual depiction of these acts occurring onscreen, warranted an AO classification and later time of broadcast on free-to-air television....
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....
Download a PDF of Decision No. 1993-084:Sharp and Television New Zealand Ltd - 1993-084 PDF500. 47 KB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 98/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C B of New Plymouth Broadcaster ENERGY ENTERPRISES LIMITED of New Plymouth I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-084 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ELIZABETH PATON-SIMPSON of Auckland Broadcaster TV3 NETWORK SERVICES 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....
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....
ComplaintRadio Pacific – question posed by talkback host – "what is wrong with a father having sex with his daughter anyway? " – breach of good taste – upheld by Radio Pacific – verbal warning given to host – action insufficientFindingsInsufficient action – upholdOrder Letter of apology to be sent to complainantThis headnote does not form part of the decision. SummaryThe host of a Radio Pacific talkback session, broadcast at 3. 00am on 27 December 2000, made the comment on air to a caller, "what is wrong with a father having sex with his daughter anyway? " The topic of incest had arisen in the conversation. Wendy Dickinson complained to the broadcaster, The Radio Works New Zealand Ltd, that the talkback host’s comments were "abhorrent", and should not have been made on radio....
Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back of the Y – programme contained substantial amount of coarse language and staged violence – mocked religion – skit in which a character playing Jesus Christ was beaten up by another playing Santa Claus – skit called ‘Pooman and Wees’ in which the character Pooman threw imitation faeces at his enemies and showed his bottom and genitals from behind – scene where woman was sprayed with imitation faeces and licked some off her hands – character Wees tried to clean the faeces off her by spraying her with imitation urine, but sprayed himself instead – skit called ‘Smoodiver’ in which the male character was shown apparently masturbating – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – episode contained material and themes that were in bad taste – cumulative effect of material – contextual factors favouring…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved an Alzheimer’s sufferer who enlisted the help of his son to capture, torture and kill young blonde women – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standards FindingsStandard 8 (responsible programming) – violence was graphic and deeply disturbing – amounted to stronger material which warranted AO 9. 30pm classification – upheld Standard 10 (violence) – programme should have been broadcast later – warning was not adequate – broadcaster did not exercise adequate care and discretion when dealing with the issue of violence – upheld Standard 1 (good taste and decency) – programme material warranted higher classification – warning was inadequate – level of violence and menacing themes were more extreme than in other 8....
Summary The Department of Conservation’s (DOC) management programme which involved the shooting of thar (mountain goats), was addressed during the John Banks Breakfast Show, broadcast on Radio Pacific between 6. 00–9. 00am on 10 August 1999. The host of the programme expressed his strong displeasure at DOC’s actions. He referred to DOC staff using phrases such as "filthy low life", and "filthy perverts", and expressed a wish that their helicopter would suffer a power failure. The Department of Conservation complained to Radio Pacific Ltd that the language used in the broadcast failed to maintain standards of decency and good taste, and that the host did not refer to the thar management process which it had developed. Declining to uphold the complaint, Radio Pacific argued that the strong language used was appropriate on a station which valued the power of free speech....
Download a PDF of Decision No. 1993-051:Pownall and Television New Zealand Ltd - 1993-051 PDF483. 04 KB...