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Decisions
Harrison and Television New Zealand Ltd - 2008-065
2008-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Two and a Half Men promo – language of characters – allegedly in breach of good taste and decency, programme classification and children’s interests standards Findings Standard 1 (good taste and decency) – humour was self-deprecating and in tone of pantomime or slapstick comedy – contextual factors – not upheld Standard 7 (programme classification) – promo acceptable during PGR programme – correctly classified – not upheld Standard 9 (children’s interests) – content of promo did not warrant an AO restriction – not likely to have alarmed or disturbed child viewers – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the comedy programme Two and a Half Men was broadcast on TV2 at approximately 7. 53pm on Sunday 4 May 2008 during an episode of Ugly Betty (PGR)....

Decisions
Wolf and Television New Zealand Ltd - 2007-043
2007-043

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Unauthorised History of New Zealand – presenter commented that “the white settlers were intent on fucking over the natives” in New Zealand – pretended to urinate on a public sculpture – allegedly in breach of good taste and decency, law and order and balance standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheldStandard 2 (law and order) – no realistic portrayal of anti-social behaviour – not upheldStandard 4 (balance) – programme was not a news, current affairs or factual programme – standard did not apply – not upheld This headnote does not form part of the decision. Broadcast [1] The Unauthorised History of New Zealand was a satirical series lampooning certain trends and incidents in New Zealand history....

Decisions
Callman and Radio New Zealand Ltd - 2006-002
2006-002

Complaint under section 8(1)(a) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about restrictions on the behaviour of people acting as Father Christmas – presenter said she “scared the bejesus out of a number of kids” acting as “Mrs Claus” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] On Thursday 8 December 2005, a panel discussion was held between 4 and 5pm on National Radio, during Afternoons with Jim Mora, about the strict rules surrounding acceptable conduct for people acting as Father Christmas. A member of the panel said she had once acted as “Mrs Claus” and had unintentionally “scared the bejesus out of a number of kids”....

Decisions
Pollard and Television New Zealand Ltd - 2005-079
2005-079

Complaint under section 8(1)(a) of the Broadcasting Act 1989Border Patrol – footage of hedgehogs and ducks to which explosives had been attached – footage of wall splattered with blood and feathers – allegedly offensive and unsuitable for childrenFindingsStandard 1 (good taste and decency) – context – not upheld Standard 9 (children’s interests) – restrained images – not upheldThis headnote does not form part of the decision. Broadcast [1] A disc containing images of extreme cruelty to animals was among hundreds of discs seized by a Customs Officer. The seizure was dealt with in an episode of Border Patrol and the item included footage of hedgehogs and ducks which had been tied up and had explosives attached to them. It also included footage of walls splattered with blood and feathers. The episode of Border Patrol was broadcast on TV One at 7. 30pm on 23 May 2005....

Decisions
Hooker and TV3 Network Services Ltd - 2002-035
2002-035

Complaint Titus – "whore" – "ho" – offensive language – 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] An episode of Titus was broadcast on TV3 at 8. 00pm on 22 October 2001. Titus is an American situation comedy series. [2] Michael Hooker complained to TV3 Network Services Ltd, the broadcaster, that the use of the word "whore" in the programme breached standards relating to good taste and decency. He also considered that the broadcast had been incorrectly classified and that TV3 had not been mindful of the programme’s effect on children. [3] TV3 declined to uphold the complaint....

Decisions
Swenson and TV3 Network Services Ltd and TV4 Network Ltd - 2002-163, 2002-164, 2002-165
2002-163–165

ComplaintMost Wanted – music videos – sexual themes offensive – inappropriate classification – unsuitable for children FindingsStandard 1 – contextual matters – no uphold Standard 7, Guideline 7a – appropriate classification – no uphold Standard 9, Guidelines 9a and 9d – no disturbing material – no uphold; Guidelines 9c and 9i – irrelevant – decline to determine This headnote does not form part of the decision. Summary [1] Music videos Without Me, Kiss Kiss and In the Middle and, according to Ms Swenson, Love Don’t Cost a Thing, were broadcast on TV3 and TV4 at various times on various dates between 17 and 21 July 2002. [2] Tina Swenson complained to TV3 Network Services Ltd and TV4 Network Ltd, the broadcasters, that the music videos were sexually explicit, inappropriately classified and unsuitable for children....

Decisions
O’Halloran and Television New Zealand Ltd - 2021-063 (15 September 2021)
2021-063

The Authority has declined to determine a complaint about the joking and flirtatious interactions between two males on a Breakfast programme segment. The Authority considered the complaint related to matters of personal preference and was not an appropriate use of its time and resources. Declined to Determine: Good Taste and Decency (section 11(b) of the Broadcasting Act 1989)...

Decisions
Avery and NZME Radio Ltd - 2018-076 (16 January 2019)
2018-076

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

Decisions
Parlane & Wilson and Mediaworks Radio Ltd - 2015-009
2015-009

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. ]Talkback radio host Sean Plunket reacted to author Eleanor Catton's comments at a literary festival in India, which were negative about the New Zealand government. He was highly critical of Ms Catton, saying that she was a 'traitor' and an 'ungrateful hua' among other things. The Authority did not uphold complaints that Mr Plunket's comments breached broadcasting standards. The nature of Ms Catton's remarks was such that it was reasonable for them to attract some strong views in response. The host's comments were within the bounds of audience expectations of talkback radio and within the right to freedom of expression....

Decisions
Ngapo & Tolungamaka and Television New Zealand Ltd - 2018-099 (13 March 2019)
2018-099

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about episodes of Shortland Street, which followed the ongoing storyline of a threesome between a married couple and their nanny. The Authority acknowledged that some viewers might find this storyline distasteful and that some scenes and references might have raised questions for children. However, the Authority found that various contextual factors, including audience expectations of the long-running television drama and a warning for sexual material, prepared audiences for the likely content and minimised the potential for undue harm. The sexual material and references contained in these episodes were relatively inexplicit, with no nudity or sexual activity beyond kissing shown. Finally, the fictional sexual activity took place between consenting adults and no illegal or seriously antisocial activity was portrayed during the programme....

Decisions
Solomon and Television New Zealand Ltd - 2014-036
2014-036

Summary [This summary does not form part of the decision. ]A Seven Sharp item looked at tourism in the Chatham Islands, including its fishing and hunting opportunities. During an interview with a tourism expert, one of the programme’s hosts commented, ‘I’d rather shoot myself, to be honest, than go and do that in the Chatham Islands. ’ The Authority did not uphold the complaint that the comment was offensive and denigrated the Chatham Islands. The tourism expert immediately countered the comment with positive statements about visiting the Chatham Islands, and the host later clarified what he had meant by the comment. Not Upheld: Good Taste and Decency, Law and Order, Fairness, Discrimination and DenigrationIntroduction[1] A Seven Sharp item looked at tourism in the Chatham Islands....

Decisions
Buchanan and Sky Network Television Ltd - 2021-106 (17 November 2021)
2021-106

During the coverage of the 2020 Tokyo Olympics, host Goran Paladin provided pre- and post-match comments for the boxing match between David Nyika and Uladzislau Smiahlikau. The Authority did not uphold a complaint alleging the broadcast breached the good taste and decency standard due to the host mispronouncing and mocking Uladzislau Smiahlikau’s name. The Authority was satisfied the comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. Not Upheld: Good Taste and Decency...

Decisions
Harter and Discovery NZ Limited - 2021-049 (6 September 2021)
2021-049

The Authority declined to determine a complaint about a promo of The Project as the complainant is responsible for identifying the programme the subject of his complaint1 and his complaint did not appear to relate to the identified broadcast content. Declined to determine: Good Taste and Decency, Children’s Interests, Discrimination and Denigration...

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
Smits and SKY Network Television Ltd - 1995-011
1995-011

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 11/95 Dated the 6th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster SKY NETWORK TELEVISION LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Cheer and SKY Network Television Ltd - 2001-064
2001-064

ComplaintSky Digital Juice Channel 21 – music video – "My Favourite Game" by The Cardigans – lead member driving dangerously while singing – encouraging young people to drive dangerouslyFindingsStandard S2 – content not unsuitable for broadcast in context – no upholdStandard S5 – no disrespect shown for principles of law – no upholdThis headnote does not form part of the decision. SummaryThe music video "My Favourite Game" by The Cardigans, was broadcast on the Sky Digital Juice Channel 21 on 9 April 2001 at 10. 50pm. The video depicts the lead singer driving a convertible car along a desert highway. The singer places a rock on the accelerator to keep the pedal down, and is seen at various stages using her feet to turn the steering wheel. Her driving causes other car drivers to crash their cars on the highway....

Decisions
Hoskin and SKY Network Television Ltd - 2003-136
2003-136

ComplaintSky Television Rugby Channel – All Black vs. Springboks match – replay of opening try – commentator said “Well, so slick, so smooth, almost a Brazilian…Ronaldo-ish” – offensiveFindingsStandard S2 – throwaway line – not offensive to majority of viewers – no uphold This headnote does not form part of the decision. Summary[1] A rugby match between New Zealand and South Africa was broadcast live on Sky Television Rugby Channel at approximately 7. 30pm on 9 August 2003. The commentator, Murray Mexted, said, during the replay of the All Blacks opening try: “Well so slick, so smooth almost a Brazilian … Ronaldo-ish”. [2] Kristin Hoskin complained to Sky Network Television Ltd, the broadcaster, that the comment was offensive. [3] When the broadcaster failed to respond to her formal complaint, Ms Hoskin referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Perkins and SKY Network Television Ltd - 2011-103
2011-103

Complaint under section 8(1C) of the Broadcasting Act 1989Kalgoorlie Cops – included footage of barmaids wearing lingerie and skimpy outfits as well as a topless barmaid using her bare breasts to entertain patrons – allegedly in breach of standards relating to good taste and decencyFindingsStandard P2 (good taste and decency) – content intended to be light-hearted and humorous – channel and programme targeted at adults – episode classified “M” and preceded by a clear warning for nudity and mature themes – filtering technology available on SKY – contextual factors – not upheldThis headnote does not form part of the decision. Broadcast[1] An episode of the reality TV series Kalgoorlie Cops was broadcast on the Crime and Investigation Channel at 2pm on Monday 20 June 2011. The narrator introduced the programme as follows: This is Kalgoorlie, sitting on the edge of Australia’s biggest gold mine....

Decisions
Smits and SKY Network Television Services Ltd - 1994-062
1994-062

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 62/94 Dated the 15th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster SKY NETWORK TELEVISION SERVICES LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Edwards and SKY Network Television Ltd - 2004-092, 2004-093
2004-092–093

Complaint under section 8(1)(a) of the Broadcasting Act 1989The 5th Wheel – two broadcasts – overt sexual content and nudity – allegedly bad taste – allegedly inadequately classified – allegedly unacceptable themes for childrenFindings Standard S2 (good taste and decency) – context – complaint about 6. 30pm broadcast upheldStandard S2 (good taste and decency) – context – complaint about 1. 20pm broadcast not upheldStandard S20 (children) – complaint about 6. 30pm broadcast – unacceptable for broadcast during children’s normally accepted viewing times – upheldStandard S20 (children) – complaint about 1. 20pm broadcast not upheldOrder Section 16(4) – $1,500 costs to the CrownThis headnote does not form part of the decision. Broadcast[1] An episode of The 5th Wheel, an American dating show which featured overt sexual content, was broadcast on Sky1 at 6. 30pm on 9 February 2004 and repeated on 10 February 2004 at 1. 20pm....

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