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Earnshaw and Television New Zealand Ltd - 1994-034, 1994-035
1994-034–035

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...

Decisions
Beban and NZME Radio Ltd - 2019-063 (22 January 2020)
2019-063

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

Decisions
Edwards and TV3 Network Services Ltd - 1993-052
1993-052

Download a PDF of Decision No. 1993-052:Edwards and TV3 Network Services Ltd - 1993-052 PDF263. 01 KB...

Decisions
Perrett and MediaWorks TV Ltd - 2015-092 (1 March 2016)
2015-092

Summary[This summary does not form part of the decision. ]During the course of a panel discussion on Paul Henry about cruise ships, the participants briefly talked about penis enlargement. The Authority did not uphold a complaint that this discussion was ‘vulgar’ and inappropriate for a time when children could be watching television. Paul Henry is aimed at adult viewers and the conversation, which was brief and inexplicit, did not go beyond audience expectations of the programme and its presenters. Not Upheld: Good Taste and Decency, Children’s InterestsIntroduction[1] During the course of a panel discussion on Paul Henry about cruise ships the participants briefly talked about penis enlargement. [2] Jasmine Perrett complained that this discussion was ‘vulgar’ and inappropriate for television, especially at a time when children could be watching....

Decisions
de Hart, Cameron and Cotter and TV3 Network Services Ltd - 2000-108–113
2000-108–113

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....

Decisions
Stockwell and Television New Zealand Ltd - 2009-078
2009-078

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989A Man Apart – movie about two American drug enforcement officers fighting an ongoing drug war on the California/Mexico border – contained violent scenes including shootings, car explosions and beatings – allegedly in breach of good taste and decency, law and order, programme classification, children’s interests and violence standards FindingsStandard 7 (programme classification) – majority of Authority considered the movie’s classification to be borderline but correct – not upheld Standard 9 (children’s interests) – broadcaster failed to adequately consider the interests of child viewers by broadcasting the movie at 8. 30pm on a Saturday – upheld Standard 10 (violence) – broadcaster failed to exercise sufficient care and discretion when dealing with the issue of violence by broadcasting the movie at 8....

Decisions
Townsend and Television New Zealand Ltd - 2002-094
2002-094

ComplaintOne News – car accident in which complainant’s son killed – reference to speed and alcohol – driver had not been drinking – poor taste – inaccurate – unfair – discriminatory FindingsStandard G1 – expression of opinion – no uphold Standards G2 and G13 – comments acceptable and did not encourage denigration – no uphold Standard G4 – a number of implications – implication about alcohol involvement no stronger than others – no uphold This headnote does not form part of the decision. Summary [1] A news item about road safety following 15 road deaths in five days over the Christmas holiday period, focused on one of the more recent deaths. A couple whose truck had been struck by a car which was airborne after striking the kerb, and in which one young man was killed, spoke about being extremely angry on seeing beer in the car....

Decisions
Buckingham and Television New Zealand Ltd - 2002-185
2002-185

ComplaintShortland Street – episodes about a child of drug dealer in coma having taken a capsule of cannabis oil – drug dealer said she gave child small amounts of cannabis oil to calm him as he was ADHD – offensive – encouraged illegal behaviour – inaccurate – unbalanced FindingsStandard 1 and Guideline 1a and Standard 2 – use of cannabis oil to treat ADHD child shown as unacceptable and irresponsible – no uphold Standards 4 and 5 – do not apply to fictional programmes – no uphold This headnote does not form part of the decision. Summary [1] The treatment of a child "Max", who had taken a capsule of cannabis oil was a story line in an episode of Shortland Street broadcast on TV2 at 7. 00pm on 17 July 2002....

Decisions
Irwin and Television New Zealand Ltd - 2010-087
2010-087

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Masterchef NZ – three teams shown taking part in cooking competition – all teams used fresh crayfish as an ingredient – live crayfish shown accidentally being dropped onto the floor –one contestant placed three live crayfish into boiling water – allegedly in breach of good taste and decency, responsible programming, children’s interests and violence standardsClose Up – item on how to kill a crayfish correctly – interviewed the Masterchef NZ judge and contestant who boiled the crayfish – using a live crayfish the chef showed viewers how to kill it humanely – allegedly in breach of good taste and decency, responsible programming, children’s interests, and violence standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 8 (responsible programming) – Masterchef NZ correctly classified G – Close Up was an unclassified news and current affairs programme – neither programme required…...

Decisions
Bancilhon and Television New Zealand Ltd - 2007-085
2007-085

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – report on Paris Hilton going to jail – presenter made comments about Ms Hilton and threw a box of tissues over her shoulder – allegedly in breach of good taste and decency, law and order, balance, fairness, children’s interests and violence Findings Standard 1 (good taste and decency) – presenter acted in a light-heated and off-the-cuff manner – not upheld Standard 2 (law and order) – item did not encourage viewers to break the law – not upheld Standard 4 (balance) – item did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – presenter expressed her own opinion in a light-hearted way – not upheld Standard 9 (children’s interests) – item would not have disturbed child viewers – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of…...

Decisions
Pauling and Television New Zealand Ltd - 2009-122
2009-122

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Island Wars promo – broadcast during America’s Funniest Home Videos – contestant said “ready to kick some New Zealand arse” – 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) – tone was playful and light-hearted – G rating appropriate – broadcaster adequately considered children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the programme Island Wars, in which contestants from New Zealand and Australia competed against each other in a variety of challenges, was broadcast during America’s Funniest Home Videos between 4. 30pm and 5pm on Saturday 1 August 2009....

Decisions
Mitchell and Wolf and The Radio Network Ltd - 2004-113, 2004-114
2004-113–114

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Decisions
E and Soundwave FM - 1998-021, 1998-022
1998-021–022

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-021 Decision No: 1998-022 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by E of Napier Broadcaster GRAHAM J BARCLAY T/A SOUNDWAVE FM of Napier S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hooker and TV3 Network Services Ltd - 2002-030
2002-030

ComplaintManhattan on the Beach – sexual/adult themes – incorrect classification – broadcaster not mindful of the programme’s effect on children FindingsStandard G2 – context – no uphold Standard G8 – PGR rating correct – no uphold Standard G12 – correct classification and time of broadcast – no uphold This headnote does not form part of the decision. Summary [1] The final episode of Manhattan on the Beach was broadcast on TV3 at 8. 00pm on 18 September 2001. Manhattan on the Beach was a fly-on-the-wall documentary series which followed New Yorkers on holiday in the Hamptons – a resort location in up-state New York. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the programme contained sexual themes and a "simulated sex act" which were outside accepted norms of good taste and decency....

Decisions
Foster and Television New Zealand Ltd - 2001-063
2001-063

ComplaintHolmes – panel discussion on Australian Rugby League’s punishment of John Hopoate who had assaulted other players on the field – humorous approach – breach of good taste and decency – inappropriate for children FindingsStandard G2 – context – topical and newsworthy issue – humour balanced by serious debate – no uphold Standard G12 – current affairs programme – child viewers unlikely to have been watching alone – no uphold This headnote does not form part of the decision. Summary An item broadcast on Holmes on TV One at 7pm on 29 March 2001, focussed on Australian Rugby League’s decision to suspend John Hopoate for twelve weeks. Mr Hopoate had been found guilty of conduct contrary to the true spirit of rugby league for inserting his finger into the backsides of three players during a rugby league match....

Decisions
Francis and Television New Zealand Ltd - 2011-123
2011-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Nothing Trivial – broadcast during One News – characters used the terms “balls”, “arse” and “bastard” – allegedly in breach of good taste and decency and children’s interests standards Findings Standard 1 (good taste and decency) – language of a low level – One News aimed at adult audience – contextual factors – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests by broadcasting the promo during One News – not upheld This headnote does not form part of the decision. Introduction [1] A promo for Nothing Trivial, a drama following the personal lives of members of a pub quiz team, was broadcast on TV One between 6pm and 7pm on Wednesday 24 August 2011, during One News which was unclassified....

Decisions
Noble and Radio New Zealand Ltd - 1992-027
1992-027

Download a PDF of Decision No. 1992-027:Noble and Radio New Zealand Ltd - 1992-027 PDF163. 37 KB...

Decisions
Millward and Television New Zealand Ltd - 2021-163 (2 March 2022)
2021-163

An item on 1 News reported on the National Party leadership battle between Simon Bridges MP and Christopher Luxon MP. In describing both contenders, the reporter referred to Bridges as an ‘absolute political mongrel’. The complainant stated this reference breached various standards including the good taste and decency, and fairness standards as it was inappropriate to describe the Minister as a mongrel. The Authority did not uphold the complaint, finding the term had a separate, complimentary, meaning which was clearly intended in this context. The discrimination and denigration, balance, and accuracy standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Daczo and Television New Zealand Ltd - 1995-021
1995-021

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 21/95 Dated the 12th day of April 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOANNE DACZO of Pirongia Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Harang and Television New Zealand Ltd - 2003-033
2003-033

ComplaintHot Property – amateur male strip to raise money for club house – 5. 30pm – offensive – unsuitable for children FindingsStandard 1 and Guideline 1a – context – no uphold Standard 9 – not likely to upset or disturb children – no uphold This headnote does not form part of the decision Summary [1] Hot Property is an Australian series about real estate sales. A sequence in which members of a men’s soccer club performed an amateur striptease to raise money for a clubhouse was included in the episode broadcast on TV One at about 5. 30pm on 31 December 2002. [2] Kristian Harang complained to Television New Zealand Ltd, the broadcaster, that it was offensive to screen a male strip sequence at 5. 50pm, in which naked backsides were shown clearly, without a warning....

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