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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 75/94 Dated the 1st day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A. VOOGT of Hamilton Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-083 Dated the 26th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KATHRINE COLES of Greytown Broadcaster RADIO PACIFIC LIMITED L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-004 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KRISTIAN HARANG of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

ComplaintIce As – skit about eating St Bernard dogs – offensive behaviourFindingsStandard G2 – context – no uphold This headnote does not form part of the decision. Summary A skit satirising media comment by the MP for Tauranga, Winston Peters, about an alleged trade in New Zealand bred St Bernard dogs for consumption in Asia, was featured at intervals during an episode of Ice As. The programme was broadcast on TV3 at 7. 30pm on 20 May 2000. Charmaine Kendrick complained to TV3 Network Services Ltd, the broadcaster, that the skit was "ill informed and in appalling taste". She also considered that the item’s Tauranga focus was offensive, as she was a St Bernard breeder in that area....

ComplaintInside New Zealand: "Piercing – The Hole Story" – documentary – pierced genitalia displayed – offensive – inappropriate for children FindingsStandard G2 – piercing for body suspension – images beyond community standards – uphold; piercing of genitalia – majority – matter of fact – minority – gratuitous – no uphold; other aspects – context – no uphold Standard G12 – body suspension segment at start of programme – waterfall after 8. 30pm – uphold No Order This headnote does not form part of the decision. Summary [1] "Piercing – The Hole Story" was the title of a documentary broadcast on the Inside New Zealand series on TV3 at 8. 30pm on 1 August 2001. It examined the practice of piercing navels and tongues among youth, and showed some more unusual piercings, including genital piercing and suspending by hooks through the flesh....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Blender – music video included segments of a toddler being frightened by people dressed up as monsters – child shown crying and distressed – allegedly in breach of good taste and decency, children’s interests and violence standards FindingsStandard 1 (good taste and decency) – video unrealistic – contextual factors – not upheld Standard 9 (children’s interests) – music video broadcast at 11. 33pm – standard does not apply – not upheld Standard 10 (violence) – video did not contain any scenes of violence – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of the music video programme Blender, broadcast on C4 at 11. 30pm on 8 June 2009, a video for a song called “Kids” by the band MGMT was played....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Eating Media Lunch – message “Kill Yourself Now” flashed on the screen for a split second – allegedly in breach of good taste and decency, law and order, programme information and children’s interests Findings Standard 1 (good taste and decency) – contextual factors – 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 8 (programme information) – action taken by the broadcaster sufficient – not upheld Standard 9 (children’s interests) – standard not applicable – not upheld (This headnote does not form part of the decision. ) Broadcast [1] During an episode of Eating Media Lunch, broadcast on TV2 at 10pm on 2 November 2007, the message “Kill Yourself Now” was displayed on the screen just before the programme’s opening credits....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Sport – played soundtrack which conveyed the impression that a woman was having sex with a bull – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – soundtrack was gratuitous and prolonged – theme of bestiality would have offended a significant number of listeners – played when children were likely to be listening – upheld No Order This headnote does not form part of the decision. Broadcast [1] At approximately 10. 15am on Sunday 22 October 2006, the presenter of Radio Sport played an audio track containing sounds which conveyed the impression that a woman was having sex with a bull. The soundtrack lasted for 34 seconds, after which the presenter made the following comments: My god is there nothing those people won’t get up to up there....

ComplaintNewstalk ZB – offensive language – socially irresponsible – racist – cocky nigger FindingsPrinciple 1 – majority finding that broadcast breached good taste – uphold Principle 7 – broadcast did not encourage denigration of/discrimination against Africans/African-Americans – no uphold OrderNo penalty This headnote does not form part of the decision. Summary Newstalk ZB’s morning talkback show on 15 September 2000 included an item about a press conference with boxing legend Muhammad Ali, held at the Olympic Games in Sydney the previous day. During the item, the host used the words "cocky nigger" when referring to Muhammad Ali at the time of his gold medal win at the Rome Olympics in 1960. Jason Ake, Lewis Scott and Mrs A Reeves complained to The Radio Network Limited, the broadcaster, that the words "cocky nigger" breached standards of good taste and decency, and were derogatory and socially irresponsible....

Complaint under section 8(1C) of the Broadcasting Act 1989The Morning Fix – host described his experience of receiving a speeding ticket – said that if he had slowed down, “I probably would have held up traffic and frustrated people” and, “I hope the $120 goes towards some good boot polish and moustache trimmer” – allegedly in breach of standards relating to good taste and decency and law and order FindingsStandard 2 (law and order) – host relaying personal story – comments intended to be comedic – did not encourage listeners to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] During The Morning Fix, broadcast on More FM from 5....

Download a PDF of Decision No. 1993-006:Bertram and Television New Zealand Ltd - 1993-006 PDF223. 26 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 89/94 Dated the 29th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JEFFREY RAVEN of Wellington Broadcaster PIRATE FM of Wellington I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

ComplaintStrassman – ventriloquist – offensive language – fucking FindingsStandard G2 – AO – warning – context relevant – freedom of expression – limitations must be justifiable – no uphold This headnote does not form part of the decision. Summary A ventriloquist in Strassman, broadcast on TV2 at 9. 30pm on 4 July 2000 used the phrase "I wish you had a fucking brain" when he spoke to one of his puppet characters. Paul Schwabe complained to Television New Zealand Ltd, the broadcaster, that the broadcast of "gratuitous offensive language" contravened the Broadcasting Act's requirement for broadcasters to maintain standards consistent with good taste and decency. TVNZ responded that Strassman was an adult comedy programme broadcast at 9. 30pm which carried an AO certificate and was preceded by a warning advising that it contained strong language. In that context, it did not consider that the language breached standard G2....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-021 Dated the 6th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PEGGY BURTON of Wellington Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-137 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WILLIAM J WYBER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – discussion about oil prices – guest referred to “thieving Arab bastards” – allegedly in breach of good taste and decency and denigrated ArabsFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld Principle 7 and Guideline 7a (denigration) – did not amount to blackening or hate speech – not upheldThis headnote does not form part of the decision. Broadcast [1] During a light-hearted exchange about what he regarded as the exorbitant cost of filling the petrol tank in his car, a guest on Radio Sport used the phrase “thieving Arab bastards”. The comment was broadcast at about 8. 30am on 31 March 2006. Complaint [2] Jack Sturt complained to The Radio Network Ltd, the broadcaster, that the use of the phrase was inexcusable....