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Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Barclay and Radio New Zealand Ltd - 2019-003 (20 May 2019)
2019-003

The Authority has not upheld a complaint that an interviewee’s language, broadcast during an item on Morning Report on 10 December 2018, was violent and inappropriate. The item reported on the declining memberships of sports clubs in New Zealand and featured an interview with the Club Captain of a tennis club. The interviewee commented that the tennis courts were so empty ‘you could… fire a machine gun and hit no one. ’ The Authority noted that the right to freedom of expression allows individuals to express themselves in their own words, provided this does not cause undue harm. In this case, the comment made by the interviewee was brief, was not overly graphic or targeted at a particular individual or group, and was not intended to be taken literally....

Decisions
RK and Television New Zealand Ltd - 2018-025 (24 August 2018)
2018-025

Summary[This summary does not form part of the decision. ] An item on 1 News reported on an alleged ‘mistake’ by the Ministry of Foreign Affairs and Trade (MFAT), which the reporter, Andrea Vance, said ‘cost the taxpayer a quarter of a million dollars’. The item referred to MFAT’s action in waiving the diplomatic immunity of an MFAT employee – the complainant – to allow child custody and matrimonial proceedings to be heard in an overseas court. According to Ms Vance, MFAT’s actions were disputed by the complainant’s ex-partner, resulting in MFAT issuing an apology and payment of ‘legal bills’ to both the complainant and the complainant’s ex-partner. The Authority upheld aspects of a complaint from the MFAT employee that the item was inaccurate, unbalanced and unfair....

Decisions
Darcy and SKY Network Television Ltd - 1995-083
1995-083

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 83/95 Dated the 17th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L J DARCY of Timaru Broadcaster SKY NETWORK TELEVISION LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Benson & Far North Cable TV Ltd and Doubtless Bay Family Radio - 2006-054
2006-054

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Decisions
McElroy and SKY Network Television Ltd - 2012-132
2012-132

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shameless – programme contained sex scenes, swearing and violence – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld complaint under content classification, warning and filtering standard FindingsAction Taken: Standard P1 (content classification, warning and filtering) – action taken by the broadcaster was sufficient – not upheld Standard P2 (good taste and decency) – incorrect classification and inadequate warning label meant that viewers were not sufficiently informed of the programme’s likely content – viewers were therefore denied the opportunity to make a different viewing choice and were more likely to be offended – upheld Standard P3 (children’s interests) – broadcaster sufficiently protected child viewers from unsuitable content by classifying the programme 16 – not upheld No OrderThis headnote does not form part of the decision....

Decisions
Godinet and SKY Network Television Ltd - 2015-021
2015-021

Summary[This summary does not form part of the decision. ]The E! channel featured an 'Entertainment Special' entitled The Real 50 Shades of Grey about couples who engage in BDSM (Bondage/ Discipline/ Dominance/ Submission/ Sadism/ Masochism). The Authority did not uphold a complaint that the programme encouraged sexual violence and normalised BDSM practice. The content was discussed only in fairly innocuous terms and no explicitly sexual or violent material was shown. However, the Authority upheld the complaint that the programme should have included warning labels for sexual and other potentially offensive content, as the subject matter had the potential to offend viewers. Upheld: Content Classification, Warning and FilteringNot Upheld: Good Taste and Decency, ViolenceNo OrderIntroduction[1] The E! channel featured an 'Entertainment Special' on The Real 50 Shades of Grey. Couples who engaged in BDSM (Bondage/ Discipline/ Dominance/ Submission/ Sadism/ Masochism) and experts on the subject were interviewed....

Decisions
Mayall and SKY Network Television Ltd - 2008-092
2008-092

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Shot at Love II with Tila Tequila – reality dating show where a bisexual woman dated 15 men and 15 women – allegedly in breach of children’s standard and classification and warning standardFindings Standard P1 (Content classification, warning and filtering) – programme borderline 16 but appropriately classified M – did not require S warning label – not upheldStandard P3 (Children) – not targeted at children or screened adjacent to content aimed at children – not upheldThis headnote does not form part of the decision. Broadcast[1] A Shot at Love II with Tila Tequila was the second series of a reality television dating game show starring bisexual American internet celebrity Tila Tequila....

Decisions
Walls and SKY Network Television Ltd - 2010-139
2010-139

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sex and the City – fictional series about professional women living in New York City – scene broadcast at 8. 25pm showed woman walking in on her boyfriend performing oral sex on another woman – allegedly in breach of good taste and decency and children’s interests standardsFindingsStandard P2 (good taste and decency) – contextual factors – not upheldStandard P1 (content classification, warning and filtering) – programme rated “16” and had warning label for content that may offend – parental lock set to M would have blocked viewing without a pin number – not upheldStandard P3 (children) – broadcaster sufficiently protected child viewers from unsuitable content – not upheldThis headnote does not form part of the decision. Broadcast[1] An episode of Sex and the City was broadcast on Comedy Central at 8pm on Saturday 28 August 2010....

Decisions
Livesey and TelstraClear Ltd - 2007-092
2007-092

Complaint under section 8(1)(a) of the Broadcasting Act 19899 Songs – film included explicit scenes of unsimulated sexual intercourse, oral sex, masturbation and ejaculation – broadcast at 8. 30pm on Rialto Channel – allegedly in breach of content classification and warning standard, and good taste and decency Findings Standard P1 (content classification, warning and filtering) – 18 S classification was inadequate to advise viewers about the explicit sexual content – should have included a visual and verbal warning prior to the broadcast – upheld Standard P2 (good taste and decency) – lack of warning and audience expectations of Rialto Channel – upheld No Order This headnote does not form part of the decision. Broadcast [1] At 8. 30pm on Saturday 7 July 2007, a movie entitled 9 Songs was broadcast on Rialto Channel. The channel was available to both SKY Television and TelstraClear subscribers....

Decisions
Guzzo and TelstraClear Ltd - 2002-116
2002-116

ComplaintThe Happy Hooker Goes to Hollywood – film screened on MGM Channel at 7. 30pm on TelstraClear – nudity and sexual content – inappropriate timing – TelstraClear upheld complaint as breach of good taste and decency – apologised – future screening rescheduled to 4. 25am – dissatisfied with action taken FindingsScreenings of films in future by TelstraClear will comply with Standard Subscription Code rather than Advanced Code – action taken sufficient This headnote does not form part of the decision. Summary [1] The film The Happy Hooker Goes to Hollywood was screened on the MGM Channel at 7. 30pm on 28 March 2002. The MGM Channel is available to subscribers of both Sky and TelstraClear....

Decisions
Grieve and Television New Zealand Ltd - 2014-007
2014-007

Summary [This summary does not form part of the decision. ]A ONE News item reported on the most recent report of the IPCC and summarised some of the report’s findings, including predictions of more frequent storms and droughts. The Authority did not uphold the complaint that the summary was inaccurate, as the broadcaster provided information demonstrating a sufficient basis for the statements made. Not Upheld: Accuracy, Responsible ProgrammingIntroduction[1] A ONE News item reported on the most recent report (AR5 Report) released by the Intergovernmental Panel on Climate Change (IPCC). The item was introduced:Rising sea levels, more extinct species and possible food shortages. That’s the grim prediction by a global gathering of top scientists who say, for the first time, we are responsible for climate change. And as [reporter’s name] reports, New Zealand’s set to feel the heat too....

Decisions
Brock and Television New Zealand Ltd - 2015-077 (28 January 2016)
2015-077

Summary[This summary does not form part of the decision. ]An episode of Shortland Street showed the death of a 14-year-old character, Pixie. Pixie had apparently been undergoing chemotherapy and was hospitalised for pneumonia. At the end of the episode, Pixie’s condition rapidly deteriorated and she died. The Authority did not uphold a complaint that the item should have been preceded by a warning because children could have been disturbed and upset by the content. Shortland Street is rated PGR and frequently features adult themes. While the fictional depiction of a child’s death was potentially upsetting, it was not outside audience expectations and parents had an opportunity to exercise discretion. Not Upheld: Responsible Programming, Children’s InterestsIntroduction[1] An episode of Shortland Street showed the death of 14-year-old character Pixie. Pixie had apparently been undergoing chemotherapy and had contracted pneumonia....

Decisions
Malcolm and Radio New Zealand Ltd - 2016-018 (27 June 2016)
2016-018

Summary[This summary does not form part of the decision. ]In its Morning Report programme RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. The Authority declined to determine a complaint about this scheduling change, finding it raised matters of editorial discretion and personal preference rather than broadcasting standards. Declined to Determine: Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] In its Morning Report programme, RNZ replaced the Pacific and Te Manu Korihi bulletins with ‘feature or lead stories’, including those with a Māori focus. [2] John Malcolm complained that this change ‘discriminate[d] against those of us in provincial [New Zealand] who need to be abreast of Māori and rural issues’, because rural New Zealanders listen to the radio at a much earlier time of day and will not necessarily be able to listen to the full Morning Report programme....

Decisions
Ringrose and TVWorks Ltd - 2011-096
2011-096

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bones promo – contained three brief shots of a girl with what appeared to be blood or dirt on her face – allegedly in breach of standards relating to good taste and decency, responsible programming and children’s interests FindingsStandard 8 (responsible programming) – promo correctly rated PGR – images were fleeting and inexplicit – acceptable for child viewers under adult supervision – not upheld Standard 9 (children’s interests) – images were fleeting and inexplicit – broadcast during an unclassified news programme – would not have alarmed or distressed children – broadcaster sufficiently considered the interests of child viewers – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for Bones was broadcast on TV3 at approximately 6....

Decisions
Hynes and TVWorks Ltd - 2011-155
2011-155

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paddle Pop Begins – children’s cartoon – main character’s name was the same as a brand of iceblock – allegedly in breach of responsible programming and children’s interests standards Findings Standard 8 (responsible programming) – accept that Streets logo and name of character amounted to branding or marketing – however programme was clearly a children’s cartoon rather than an “advertisement” for the purposes of guideline 8d – not upheld Standard 9 (children’s interests) – programme would not have alarmed or disturbed child viewers – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Introduction [1] An episode of the children’s cartoon Paddle Pop Begins was broadcast on TV3 at 8. 25am on 13 October 2011....

Decisions
Malone & Sadd and Television New Zealand Ltd - 2014-155
2014-155

Summary[This summary does not form part of the decision. ]An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship match, in which he was kicked and punched repeatedly in the head. The Authority declined to uphold two complaints that the footage was excessively violent because the level of physicality was not unexpected and acceptable in the context of a sport news story covering a fight. Not Upheld: Good Taste and Decency, Responsible Programming, Children's Interests, ViolenceIntroduction[1] An item on ONE News and a later ONE News update showed a highly-ranked New Zealand mixed martial artist's loss in an Ultimate Fighting Championship (UFC) match, in which he was kicked and punched repeatedly in the head until the referee stopped the fight....

Decisions
Weich and MediaWorks Radio Ltd - 2016-023 (22 August 2016)
2016-023

Summary[This summary does not form part of the decision. ]The Rock Morning Rumble included a stunt featuring the Prime Minister, in which he was invited to enter a cage installed in the studio and ‘pick up the soap’. Upon the Prime Minister doing so, the host quoted a recognised rape scene from the film Deliverance, saying, ‘You’ve got a pretty little mouth Prime Minister’. The Authority upheld a complaint that the stunt amounted to a deliberate reference to prison rape that had the effect of trivialising sexual violence and specifically prison rape. While the segment was allegedly intended to be humorous, which is an important aspect of the exercise of free speech, the stunt overstepped the boundaries of legitimate humour and was offensive....

Decisions
Fischer and Television New Zealand Ltd - 1995-106
1995-106

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Lord and Radio New Zealand Ltd - 1999-023
1999-023

SummaryA segment on National Radio’s Nine to Noon which featured a review of a book entitled "Four to Score" was broadcast on 1 October 1998. The broadcast had included the host of the programme referring to a character in the book whose surname was "Kuntz". Mr Lord complained to Radio New Zealand Ltd, the broadcaster, that the character’s surname was pronounced by the host in a manner which was deliberately offensive and demonstrated a reckless disregard for the sensibilities of her audience. In his view, the host should have used the softer Germanic pronunciation instead of what he described as the most distasteful pronunciation possible. RNZ advised that as the word was used once only in the context of a literary review, it had not been used gratuitously....

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