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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 34/94 Decision No: 35/94 Dated the 2nd day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JOHN EARNSHAW of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989My Wife and Kids – adult character made references to sex life – allegedly in breach of good taste and decency and children’s interests Findings Standard 1 (good taste and decency) and Standard 9 (children’s interests) – programme contained oblique and light-hearted sexual innuendo – mild sexual banter would have gone over the heads of younger viewers – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of My Wife and Kids was broadcast on TV2 at 5. 30pm on Wednesday 11 February 2009. At the beginning of the programme, a family were shown sitting around their kitchen table eating when the mother announced that she wanted to open her own restaurant. The children left the room and the mother and father were left sitting at the table....
Warning: This decision contains language that some readers may find offensive. The Authority has not upheld a complaint that use of the phrase ‘thank fucking Christ’ in an interview segment during the Aotearoa Music Awards breached the good taste and decency standard. In the context, particularly noting the timing of the broadcast, pre-broadcast warnings and public interest in the relevant segment, the Authority considered the programme unlikely to cause widespread undue offence, or distress, or to undermine widely shared community standards. Not Upheld: Good Taste and Decency...
ComplaintThe Book Group – drama – male sex scene – offensive FindingsStandard 1 and Guideline 1a – context – no uphold This headnote does not form part of the decision. Summary [1] The Book Group is a series about a group of people who regularly meet to discuss books, and is described by the broadcaster as a “quirky and unpredictable drama”. An episode broadcast on 24 September 2003 at 10. 05pm on TV One included a scene of two men having sex. [2] Michael Beedell complained to Television New Zealand Ltd, the broadcaster, that the scene was offensive and “inappropriate for public viewing”. [3] Declining to uphold the complaint, TVNZ said in context the scene did not breach current norms of good taste and decency. [4] Dissatisfied with TVNZ’s decision, Mr Beedell referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....
Complaint under s. 8(1)(a) of the Broadcasting Act 1989Fear Factor – reality programme in which contestants take part in repellent or frightening activities – contestants were required to tread in a vat containing live earthworms and were required to drink worm “juice” – allegedly offensive and not in interests of childrenFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheld Standard 9 (children’s interests) and Guideline 9e – earthworms not animals under Guideline 9e – S1930 rating imposed by broadcaster indicated that children’s interests were acknowledged – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Fear Factor was screened at 7. 30pm on TV2 on 2 March 2004. The broadcaster described Fear Factor as a “reality” programme in which the contestants are challenged to take part in repellent and frightening activities....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Meaty – footage of Akon’s concert in Trinidad – Akon filmed simulating sexual intercourse on stage with a 14-year-old girl – allegedly in breach of law and order, accuracy, fairness, children’s interests and violence standards Findings Standard 2 (law and order) – item did not promote, condone or glamorise criminal activity – not upheld Standard 5 (accuracy) – accuracy standard did not apply – not upheld Standard 6 (fairness) – no specific individual identified by the complainant – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers – item lacked an appropriate warning – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on Meaty, broadcast on C4 at 8....
An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....
ComplaintMost Wanted – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Without Me, Kiss Kiss and In the Middle and, according to Ms Swenson, Love Don’t Cost a Thing, were broadcast on TV3 and TV4 at various times on various dates between 17 and 21 July 2002. [2] Tina Swenson complained to TV3 Network Services Ltd and TV4 Network Ltd, the broadcasters, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....
This decision has been amended to remove the name of the complainant. Complaint under section 8(1)(a) of the Broadcasting Act 1989Sunday – item on financial management and an adult products business – complainant participated in item on the condition that she would not be identifiable – exterior shots of her home were broadcast – allegedly in breach of good taste and decency, privacy, and fairness FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 3 (privacy) – no private facts disclosed – not upheld Standard 6 (fairness) – complainant identified despite agreement of anonymity – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] TVNZ broadcast an item called “Dollars and Sense” in Sunday on 27 November 2005 at 7. 30pm, and re-screened it on 4 December at 10am....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – song called “Fuck You” by Lily Allen was broadcast during the afternoon – the “F” in “fuck” was muted – host explained that the word obscured in the song began with “f” and ended in “u, c, k” – allegedly in breach of good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – “fuck” inadequately censored – use of the expletive during children’s normally accepted listening times unacceptable – host’s spelling out of the word “fuck” irresponsible – upheld Standard 8 (responsible programming) – broadcaster was not sufficiently mindful of the effect the programme content would have on children – upheld No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Fuck You” by singer Lily Allen was broadcast on The Edge at 3....
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....
ComplaintSomething for the Weekend – fiancee asked to identify her fiance’s penis from those of four other men – exposing penises – offensive behaviour FindingsStandard G2 – context – adult comedy and penises partly dressed – no uphold This headnote does not form part of the decision. Summary [1] Something for the Weekend was a British studio-based entertainment series broadcast on TV3 at 9. 30pm each Saturday evening. It used fun and unusual games to look at love, sex and relationships. In a segment in the programme broadcast on 7 July 2001, Leanne, a contestant was asked to identify her fiance from a group of five men. Each man was concealed in a large filing cabinet and the penis was the only part of each man’s body that Leanne saw. Each penis had been "dressed" to represent a famous detective character....
Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – host’s comments – men who use moisturiser do not necessarily “take it up the bum” – host’s “arse” so firm he could open a twist top stubby with his “butt cheeks” – various other comments – alleged breach of good taste and decencyFindings Principle 1 (good taste and decency) – comments crass and vulgar but did not reach threshold in context – not upheldThis headnote does not form part of the decision. Broadcast[1] Just before 6. 30am on 16 April 2004, one of the hosts of The Morning Madhouse on radio station The Edge asked listeners to telephone with the answer to the following question: “13% of men secretly do what? ”[2] The first caller suggested that they “shave their balls” and that “females don’t mind getting ‘down there’ and licking”....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item parodied “naked” news programmes – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – sequence unnecessarily lengthy – gratuitously explicit – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Eating Media Lunch is a series that lampoons aspects of the media both in New Zealand and overseas. The use of semi-naked news presenters in some countries was featured in the item broadcast on TV2 starting at 10. 00pm on Tuesday 15 November 2005. [2] The item presented the “Fuck News” which was said to originate in France. The item showed two partly dressed presenters who seemed to be having sexual intercourse while reading the news....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Morning Report – news item reported investigation into allegations of inappropriate sexual behaviour by police officers – said woman claimed that serving police officers would arrive while on duty, use handcuffs and batons on her and that she was often strangled to the point of blacking out – allegedly in breach of good taste and decency and inappropriate for child listeners Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) and guideline 7b (child listeners) – contextual factors – broadcaster was mindful of child listeners – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Radio New Zealand National’s Morning Report programme, broadcast at approximately 7....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Danny Watson – discussion about the Catholic Church’s excommunication of the mother and doctor of a nine-year-old girl in Brazil who had been raped, become pregnant, and had an abortion – the view of one of the people who rang in support of the Church’s actions was later criticised by other callers – a number of callers rang in criticising the Church’s actions – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 6 (fairness) – complainant and Catholic Church treated fairly – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 Standard 7 (discrimination and denigration) – criticisms of the Catholic Church lacked necessary invective for a breach of the standard – robust nature of talkback – not upheld This headnote does not form part of the…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – caller offered to donate money to fundraiser if hosts performed 20 “burpee” exercises – one host offered instead to “go and give 20 girls herpes” – allegedly in breach of good taste and decencyFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast[1] On The Edge radio station on the morning of Friday 16 December 2005, the hosts of The Morning Madhouse show were asking listeners to donate money for their Jingle Bail campaign. Jingle Bail is an annual fundraiser by The Edge which raises money to send a number of deserving children and their caregivers on holiday. [2] At approximately 6....
SummaryA segment on consumer rights relating to boundary fences was included in Target broadcast on TV3 on 29 August 1999 beginning at 7. 00pm. A brief shot of a man’s buttocks was seen in a skit performed by two actors. Dawn Shelford, on behalf of Preserving Communication Standards Trust Inc, complained that she and the members of her group found this segment objectionable. She said they did not consider it appropriate for this segment to have been included in a consumer rights programme as it was "a kind of titillation based on public indecency". TV3 responded that the 7-second view of the actor’s bare bottom was in its view acceptable in the context. It did not agree that the scene was objectionable and exceeded community standards of decency. It declined to uphold the complaint. For the reasons given below, the Authority declines to determine the complaint....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997- Dated the th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D L HURNDELL of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...