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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-066 Decision No: 1997-067 Dated the 22nd day of May 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MAURICE HOY of Auckland and K J WERDER of Waitoa Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-120 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RACHEL MEDUSA of Dunedin Broadcaster RADIO ONE 91 FM Dunedin S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-011 Dated the 12th day of February 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by YVONNE LENNON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintEating Media Lunch – satirised television series Target which uses hidden cameras to watch workmen in a private house – workers behaved in crude and coarse manner which the complainants regarded as offensive FindingsStandard 1 – majority – satirical context – not upheld – minority – overstepped boundaries despite satire – upheld This headnote does not form part of the decision Summary [1] The Target series was satirised during Eating Media Lunch broadcast on TV2 at 9. 30pm on 25 November 2003. Target often uses hidden cameras to portray the sometimes offensive behaviour of workmen who believe they are alone in a private home. Eating Media Lunch is a series which sets out to satirise and parody aspects of the media. The behaviour suggested in the Target parody included telephone sex, drug use, masturbation, defecation and urination....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 20/94 Dated the 28th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C M KEMPSON of Waikanae Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Summary [This summary does not form part of the decision. ]A participant on 'The Panel' during Afternoons with Jim Mora made comments about men wolf whistling at women, such as 'bring back the wolf whistle', 'a whistle is not harassment', 'a lot of women are the ones that haven't been whistled at, that have got a problem with it' and 'we are the peacocks, you guys are the ones that look at us'. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist's comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards....

Summary[This summary does not form part of the decision. ]During Jeremy Wells' 'Like Mike' skit on the Hauraki Breakfast show, in which he parodied radio and television presenter Mike Hosking, Mr Wells made various comments about Māori people and Stewart Islanders. The Authority did not uphold a complaint that the comments were racist, offensive and degraded Māori and Stewart Islanders. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of the programme and the radio station. As satire, the item did not encourage discrimination against, or denigration of, Māori or Stewart Islanders and this form of speech is a legitimate and important exercise of the right to freedom of expression....

The Authority has upheld a complaint about a broadcast of The DailyMail TV, finding that footage broadcast during the programme was inappropriate for the PGR classification and time of broadcast, and required an audience advisory for disturbing content. The programme was broadcast at 3. 30pm on a weekday, and featured partially censored footage of an American stabbing victim in the moments before she died. While the woman’s injuries were blurred, her distressed facial expression and blood splatters on the floor were visible. A second story featured censored footage of two 19-year-old women who claimed they had been drugged, filmed inside a bar naked and allegedly performing sex acts. The Authority found that this content went beyond what could be expected from a PGR-classified programme broadcast during children’s normally accepted viewing times and that the programme should have been classified AO – Adults Only....

The Authority has not upheld a complaint about a segment of Newshub Nation which discussed the National Party’s top Members of Parliament (MPs) under then leader Todd Muller. In the segment, reporter Tova O’Brien asked ‘Why is it that all of these women do the mahi and then this dude gets the treat? ’ The question referred to Mr Muller being rewarded as leader over his top three female MPs, Hon Nikki Kaye, Hon Amy Adams and Hon Judith Collins. The complaint was that reference to Mr Muller as ‘that dude’ was in bad taste, unbalanced, unfair and sexist. The Authority found the comment was unlikely to cause widespread undue offence or distress as contemplated under the good taste and decency standard. The fairness standard was not breached as the comment would not have left the audience with an unduly negative impression of Mr Muller....

ComplaintOne News – report referred to film "Austin Powers – The Spy Who Shagged Me" – "shagged" – offensive language FindingsStandard G2 – decline to determine Cross ReferenceDecision No: 1999-163 This headnote does not form part of the decision. Summary An item on One News broadcast by TV One between 6. 00–7. 00pm on 12 January 2000 described the development of a new open top sports car by Jaguar. In that context, reference was made to the film "Austin Powers – The Spy Who Shagged Me". Mr Schwabe complained to Television New Zealand Ltd, the broadcaster, that "shagged" was an offensive, aggressive and macho anti-woman term which was unacceptable for broadcast at a time when children were encouraged to watch television....

Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Asset Sales Advertisement – used the word “damn” – allegedly in breach of good taste and decency standardFindingsStandard E1 (election programmes subject to other Codes) – Standard 1 (good taste and decency – “damn” is very low-level language and would not have offended most viewers – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Introduction[1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on 14 November 2011 at approximately 10pm. The advertisement contained the following voiceover: If you think power prices are high now, wait until we don’t own a damn thing....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 3 News – reported on the Government’s asset sales policy – included excerpts from interviews with opposition MPs, including Hone Harawira who said “bullshit” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency), and Standard 9 (children’s interests) – the word “bullshit” was used by an MP to express his opinion on a controversial political issue – the comment provided information about a political response to the issue as well as providing insight into the characteristics of a political figure, and was therefore of high value in terms of freedom of expression – comment would not have surprised or distressed most viewers in the context of a political story screened during an unclassified news programme targeted at adults – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of…...

Download a PDF of Decision No. 1992-066:...

Download a PDF of Decision No. 1991-024:New Zealand Aids Foundation and Radio New Zealand Ltd - 1991-024 PDF711. 93 KB...

Download a PDF of Decision No. 1993-038:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1993-038 PDF377. 55 KB...

Complaint20/20 – "A Position of Power" – Dr Morgan Fahey – allegations by female patients of sexual and professional misconduct – unbalanced – unfair – breach of privacy Findings(1) Standard G1 – allegations not inaccurate – no uphold (2) Standard G4 – not unfair to broadcast allegations without proof of guilt – not unfair to use hidden camera footage – high public interest – reasonable belief that no other way to obtain information – no uphold(3) Standard G6 – reasonable opportunity given for comment – statement broadcast – no uphold (4) Standards G2, G3, G5, G7, G12, G14, G15, G16, G18, G19, G20 and V16 – no uphold (5) Privacy – Privacy Principles (i) and (iii) relevant – Privacy Principle (vi) – public interest defence – no uphold Cross-References 2000-106–107, 1992-094, 1996-130–132 This headnote does not form part of the decision....

ComplaintStrassman – ventriloquist – offensive language – fuck – wank – blasphemyFindingsStandard G2 – AO – warning – context relevant – no uphold Cross ReferenceDecision No: 2000-137 This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 18 July 2000 used the word "fuck" and its derivatives when in conversation with his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the language was offensive. In particular he said he was offended by the use of the word "fuck", which he said was a macho term which unashamedly denigrated women and instilled an "antisocial and dangerous attitude towards women". As he had received no response from TVNZ, he referred the complaint to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

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....

Complaint An Audience with the King – offensive language – broadcaster failed to consider children’s viewing interests FindingsStandard 1 – majority – contextual matters – no uphold Standard 9 – broadcaster was mindful of children – no uphold This headnote does not form part of the decision. Summary [1] An Audience with the King recorded the performance of stand-up comedian Mike King before a live audience. The programme was broadcast on TV2 at 9. 30pm on Friday 11 October 2002. [2] Graham Fox complained to Television New Zealand Ltd, the broadcaster, that the programme was offensive, and that it was irresponsible to have broadcast such material at a time when children were likely to be watching television. [3] In response, TVNZ said that the programme in context did not breach current norms of good taste and decency, and that it had considered the viewing interests of children....