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Download a PDF of Decision No. 1992-090:Toomer and TV3 Network Services Ltd - 1992-090 PDF243. 66 KB...

Warning: This decision contains language that some readers may find offensive The Authority has not upheld a complaint that a segment on 95bFM breached the good taste and decency standard. The segment included a broadcaster publicity notice, about the broadcasting standards complaints process, followed by a list of swear words, ‘fuck-knuckles, cock and piss, balls’. The complainant acknowledged this was intended to be ‘irreverently humorous’, but said it ‘conjured unpleasant images of a sexual nature’ in breach of the good taste and decency standard. The Authority found, in the context, and particularly in light of 95bFM’s target and intended audience and its expectations of the radio station, the segment was unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

Summary [This summary does not form part of the decision. ] During Talkback with Karyn Hay and Andrew Fagan, the host Mr Fagan made comments about a regular caller, the complainant, who went by the name of ‘Alex’. He said ‘back in 17-something… I’d meet him on the beach as the sun came up and I’d potentially kill him or let him kill me in a duel’. The Authority did not uphold the complaint that the host had made a ‘veiled death threat’ against the complainant. It was clear the host was not making a serious death threat, but was using provocative, metaphorical language to express his strong views about the complainant. Not Upheld: Law and Order, Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Karyn Hay and Andrew Fagan, Mr Fagan made comments about a regular caller who went by the name of ‘Alex’....

ComplaintMercury Lane – promo – reference to pubic hair – broadcast during Son of God on Good Friday at 10. 30am – offensive – unsuitable for children FindingsStandard 1 – spoken not visual reference – context – no uphold Standard 9 – children not unfamiliar with nudity – no uphold This headnote does not form part of the decision. Summary [1] A question to an artist about the public reaction to the portrayal of pubic hair was included in a promo for Mercury Lane, a programme about the arts. The promo was broadcast at about 10. 30am on Good Friday during the screening of the documentary Son of God, which reported the results of a scientific examination into issues raised about Jesus Christ. [2] Carole Bennett complained that the broadcast of the promo, during family viewing time, was disgusting....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – Mystery and the Mouth – talkback discussion about former All Black captain – caller abused – allegedly offensive, unbalanced and unfairFindings Principle 1 (good taste and decency) – context – borderline – not upheld Principle 4 (balance) – style and manner of comment complained about, not substance – not upheld Principle 5 (fairness) – host’s response unprofessional given other options available – nevertheless responded to provocation – not upheldThis headnote does not form part of the decision. Broadcast [1] Mystery and the Mouth is the name of the talkback programme broadcast on Radio Sport between 10am to 12 noon on Sunday mornings. The programme hosts are John Morrison – “Mystery”, and Miles Davis – “The Mouth”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Futurama – animated cartoon series – contained sexual references – allegedly in breach of good taste and decency and children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered the interests of child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy cartoon Futurama was broadcast on C4 at 7pm on Wednesday 27 May 2009. The show revolved around the main character Fry, who was cryogenically frozen in 1999 and then thawed 1,000 years later. The episode began with a flashback to New York in 1999 and showed Fry delivering a pizza to the local television station, which was showing a fictional programme called Single Female Lawyer....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – item discussed the assault on convicted murderer William Bell by fellow prison inmates – presenter made a statement regarding the assault – allegedly in breach of good taste and decency, law and order and fairness Findings Standard 1 (good taste and decency) – contextual factors – host’s statement was sarcastic – made clear to viewers that neither host supported violence against prisoners – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 6 (fairness) – people referred to were treated fairly – not upheld This headnote does not form part of the decision....

ComplaintWhat Now? – children’s programme – skit – revolved around farting – breach of good taste and decency – broadcaster not mindful of the effect on children FindingsStandard 1 – contextual matters – no uphold Standard 9 – skit would appeal to children – no uphold This headnote does not form part of the decision. Summary [1] What Now? , a children’s programme, broadcast on TV2 at 7. 30am on 21 April 2002, featured a parody of a well-known television commercial. The parody revolved around "farting". [2] P M McGrath complained to Television New Zealand Ltd, the broadcaster, that the item was disgusting, and not appropriate viewing material for children. [3] Declining to uphold the complaint, TVNZ said it was the policy of What Now? to encourage children to be relaxed about bodily functions and that the programme’s child development experts endorsed this approach....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 3 News – report on a terrorist threat in America in run-up to Presidential election – presenter joked that the country was facing a nightmare other than the prospect of George W Bush being re-elected – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – comment clearly a joke – no breach of good taste and decency – not upheld This headnote does not form part of the decision. Broadcast [1] A 3 News item broadcast on 13 July 2004 on TV3 at 6pm reported on a terrorist threat in America in the run-up to the Presidential election. The presenter (John Campbell) said: The United States is suddenly confronting the prospect of a nightmare – no, not George W [Bush] being re-elected – but the election itself having to be cancelled....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem? ’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community....

Summary[This summary does not form part of the decision. ]A regular comedy skit on Radio Sport show The Sauce involved a host impersonating All Blacks coach Steve Hansen and giving ‘top tips’ on various topics. In the segment complained about, the host, mimicking Mr Hansen, addressed the topic of ‘sackings’, stating: ‘. . . Simply whip your scrot [scrotum] out and just rest it casually on their thigh, buttocks or forehead. ’ The Authority did not uphold a complaint that the segment made light of, and condoned, sexual assault. The Authority found that, in the context of the skit, which was a regular comedy skit broadcast weekly on The Sauce, the segment did not make light of, or encourage listeners to laugh about, sexual assault....

The Authority has not upheld a complaint about an interview on Newshub Nation, featuring electrical engineer and Pike River Mine researcher, Richard Healey. Mr Healey commented on his claims of ‘new crucial evidence’ the miners could have survived the explosions and of the existence of a pipeline which could be used to recover more evidence. The complaint alleged Mr Healey’s claims were speculative and unsupported by evidence, were not challenged by the host and caused emotional harm to the victims’ families. The Authority acknowledged the sensitivity of the matters discussed, which also carried a high degree of public interest. It found the broadcast clearly presented Mr Healey’s claims as one theory and from a particular perspective. The wide range of information and coverage available over a long period of time since the original events reduced any risk of viewers being misled or significantly misinformed....

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Summary[This summary does not form part of the decision. ]A promo for Jono and Ben showed a parody of the Biblical event the Last Supper, in which the 'disciples' complained that 'Jesus' brought bread to dinner when 'Simon' and 'Paul' were 'gluten-free'. The Authority did not uphold a complaint that the promo was offensive to Christians. Light-hearted satire of religious figures is a legitimate exercise of the right to freedom of expression. This particular skit was not malicious and did not threaten norms of good taste and decency. Not Upheld: Good Taste and DecencyIntroduction[1] A promo for Jono and Ben showed a parody of the Biblical event the Last Supper, in which the 'disciples' complained that 'Jesus' brought bread to dinner when 'Simon' and 'Paul' were 'gluten-free'. [2] Lois Durward complained that the promo was offensive to Christians, especially as it was shown during the week before Easter....

Complaint under section 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported that a man had drowned trying to save two children – showed footage of ambulance officers performing CPR and then apologising to the man’s family because they could not revive him – showed family grieving next to the body – allegedly in breach of good taste and decency and privacy FindingsStandard 3 (privacy) – standard does not apply to deceased persons – item included prolonged and close-up footage of grieving family members – offensive intrusion into highly vulnerable and distressing moment – privacy of family members breached – upheld by majority Standard 1 (good taste and decency) – unclassified news programme aimed at adults – not upheld No Order This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made statements regarding the death of convicted murderer Antonie Dixon – allegedly in breach of good taste and decency and fairness standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 6 (fairness) – Mr Dixon’s family did not take part in the item and were not referred to – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Breakfast, broadcast on TV One at 8. 42am on Thursday 5 February 2009, the programme’s presenters reported that convicted murderer Antonie Dixon had died in jail. The following exchange took place between the presenters: Host 1: Now in news just to hand, we can confirm that Antonie Dixon is the prisoner who has died at Paremoremo Prison....

SummaryA special Assignment programme broadcast on TV One on 31 May 1998 at 6. 30pm focused on the trial of Malcolm Rewa, accused and found guilty of a large number of sexual attacks on women. It replaced the advertised Our World programme. Mrs Mitchell complained to Television New Zealand Ltd, the broadcaster, about the time of the broadcast, which she said breached standards of good taste and decency, and the fact that it replaced a programme watched unsupervised by many children. She noted that no warning had been given about the change to the schedule, but even if it had, she observed, many families would not have been aware of the warning. In its response, TVNZ noted that Rewa’s trial, which had concluded the previous day, had elicited a great deal of public interest....

SummaryA news item broadcast by National Radio at 6. 00pm on 5 November 1998 concerned an appeal against life imprisonment by one of Britain’s "Moors" murderers, Myra Hindley. In his letter of complaint to the broadcaster, Radio New Zealand Ltd, Mr Butler wrote that the item appeared to have been selected for broadcast because of its prurient nature and, as the murders were committed 30 years ago in England, he contended that they were no longer of any interest to New Zealanders. He expressed particular concern about what he believed to be gratuitous detail about the murders at the conclusion of the item. The concluding statement, he reported, had included the words "they tortured some of their victims and recorded their screams". RNZ advised that it did not consider Mr Butler’s letter of complaint to be a formal one....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 96/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L ALBERT B SHEARMAN of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...