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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-001 Dated the 23rd day January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryLindsay Perigo in "The Politically Incorrect Show" broadcast on Radio Pacific on 10 May 1998 between 10. 00–10. 20am stated that he was shocked to have been told that a named lecturer at the University of Auckland had forbidden her graduate economics class to invite Sir Roger Douglas or anyone from the Business Roundtable to speak to the class. The University of Auckland, through the Office of the Vice Chancellor, complained to Radio Pacific Ltd, the broadcaster, that the remarks breached the good taste standard, were inaccurate, unfair and taken out of context. Radio Pacific responded first by noting that the show was unashamedly subjective, and promoted libertarian ideas....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-039 Dated the 17th day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R F ALLAN of Dunedin Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1)(b) of the Broadcasting Act 1989Pacific Coast FM – interview with Coromandel resident Bill Muir discussing local politics in Whitianga – during the item Mr Muir made a number of critical statements alleging serious misconduct by members of the local district council and community board – allegedly in breach of good taste and decency, balance, accuracy, fairness and social responsibility standards Findings Principle 5 (fairness) – item named people who were accused of unsubstantiated illegal activity – host did not challenge Mr Muir when he made the allegations – Mr Muir’s statements went beyond acceptable comment on political activity – unfair – upheld Principle 4 (balance) – item discussed a controversial issue of public importance – broadcaster failed to make reasonable efforts to obtain other significant perspectives – upheld Principle 6 (accuracy) – not within the Authority’s jurisdiction to determine allegations of criminal behaviour – decline to determine under section…...

Summary An episode of Hollywood Sex, a two-part series dealing with the sex industry in Hollywood, was broadcast on TV2 on 2 September 1999 beginning at 9. 30pm. Rosemary McElroy, on behalf of Women Against Pornography, complained to Television New Zealand Ltd, the broadcaster, that in spite of the warning preceding the programme, the average adult viewer would not have expected what she described as the degree of "pornographic" content which it contained. She contended that the programme breached accepted norms of good taste and decency, and cited several examples of what she considered to be objectionable material. TVNZ noted that various aspects of the sex industry had been depicted, and that the emphasis had been on the curious and grotesque. While the nature of the sexual activity discussed had been indicated, there had been no scenes of sexual intercourse or any full frontal nudity, it observed....

Complaint under section 8(1C) of the Broadcasting Act 1989One News – item on duck hunting – hunter pointed a rifle at the camera – allegedly in breach of good taste and decency, law and order and violence Findings Standard 2 (law and order) – hunter’s action was intended to be humorous and light-hearted – did not encourage viewers to break the law or promote, condone or glamorise criminal activity – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 2 Standard 10 (violence) – subsumed into consideration of Standard 2 This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at approximately 6....

Complaint under section 8(1)(a) of the Broadcasting Act 1989One News – item reporting that Michael Jackson’s appearance at the World Music Awards had disappointed both critics and fans – allegedly in breach of good taste and decency, unbalanced, inaccurate and unfair Findings Standard 1 (good taste and decency) – item did not include material which breached good taste and decency norms – not upheld Standard 4 (balance) – not a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to Michael Jackson – not upheld This headnote does not form part of the decision. Broadcast [1] Michael Jackson’s appearance at the World Music Awards in London was covered in an item broadcast on One News on TV One on 17 November 2006 beginning at 6. 00pm....

The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....

ComplaintReel Life: The Truth about Lesbian Sex – documentary examining lesbian sex – indecent – offensive FindingsStandard 1 and Guideline 1a – context – majority – no upholdThis headnote does not form part of the decision. Summary [1] Reel Life: The Truth about Lesbian Sex was a documentary broadcast on TV One at 9. 30pm on Wednesday 2 July 2003. The programme examined lesbian sex, focussing on lesbian relationships. [2] Mr Harang complained to Television New Zealand Ltd, the broadcaster, that the item showed scenes of a sexual nature which breached the standard of good taste and decency. [3] Mr Tod’s complaint to TVNZ maintained that the demonstration of sexual aids, combined with the explicit instruction on the performance of several sexual acts, was appalling and indecent. Mr Tod also stated that the programme inappropriately encouraged lesbian sex as an exciting and viable alternative to heterosexual sex....

ComplaintPromo for Pepsi Chart – man shown sitting on lavatory – behaving as if constipated – offensive behaviour FindingsStandard G2 – contextual matters – no uphold This headnote does not form part of the decision. Summary [1] A promo for Pepsi Chart showed a man sitting on a lavatory and reading a magazine. He was behaving as if he were constipated. It was broadcast on TV4 during the evening of 11 November 2001. [2] Tony Drackett-Case complained to TV4 Network Ltd, the broadcaster, that the promo was offensive. [3] In response, TV4 maintained that while it might be outside the expectations of "mainstream" audiences, it was not inappropriate on a niche channel aimed at young adults. It declined to uphold the complaint. [4] Dissatisfied with TV4’s decision Mr Drackett-Case referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

An appeal against this decision was dismissed in the High Court: AP90-SW02 PDF980. 81 KBComplaintScream – movie – breach of good taste – glamorised criminal activity – inappropriately classified AO – broadcaster not mindful of effect on child viewers – broadcaster did not exercise care and discretion regarding violenceFindings(1) Standard 9, Guideline 9b – gruesome and horrific violence – scene at 8. 45pm – uphold Standard 9, Guidelines 9a, 9c, 9e and 9f – subsumed(2) Standard 1 – no uphold(3) Standard 2 – no uphold(4) Standard 7, Guideline 7a – no uphold(5) Standard 10, Guidelines 10a, 10b and 10f – horror film – included elements of parody – violence highly unrealistic – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Scream is a teen horror movie which parodies the horror movie genre. The movie was broadcast on TV3 at 8. 30pm on 18 January 2002....

ComplaintThe Heat – announcer named manager and referred to staff of Classic Hits abusively and as fuckwits – broadcaster upheld complaint – written apology insufficient. FindingsAction taken insufficient OrderBroadcast of apology This headnote does not form part of the decision. Summary Between 5. 30–6. 00pm on Saturday 30 June 2001, an announcer on The Heat named the manager of Classic Hits 99FM in Timaru and referred abusively to him, and to his staff. They were described on air as "fuckwits" and listeners were invited to phone Classic Hits and tell them what they thought of them. Garey Hanifin, Manager of Classic Hits 99FM in Timaru, complained to The Heat that the comments amounted to a "gross breach" of broadcasting standards. The Heat upheld the complaint. It accepted that the remarks were unfair and uncalled for, and apologised by letter....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host made remarks about his dislike for campervans and the people who use them – allegedly in breach of good taste and decency, accuracy and fairness standards Findings Standard 1 (good taste and decency) – comments intended to be humorous – contextual factors – not upheld Standard 5 (accuracy) – host's comments were personal opinion not points of fact – not upheld Standard 6 (fairness) – complainant did not identify any individual or organisation taking part or referred to in the programme – campervan owners not a section of the community to which guideline 6g applies – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Complaint under section 8(1)(b) of the Broadcasting Act 1989Radio Active – impromptu rap segment – complaint that rap was derogatory towards women and contained excessive swearing – allegedly in breach of good taste and decency FindingsRecording of broadcast not available – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] During the "Freestyle" section of the Wednesday Night Jam, a hip hop radio show broadcast on Radio Active on 29 November 2006, aspiring young rappers were invited to perform impromptu rap between 10. 45pm and 11pm. Complaint [2] Andrew Wood made a formal complaint to Radio Active 89FM, the broadcaster, under Principle 1 of the Radio Code....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 The ComplaintA viewer complained that the host of Breakfast had been "complicit in facilitating and allowing disparaging and racist remarks" to be made about Māori during an interview with child advocate Christine Rankin about the high rate of child abuse in New Zealand. The complainant said the host's "grossly offensive" questions had created the impression that only Māori abuse and kill their children, breaching standards of good taste and decency, balance and accuracy. The Broadcaster's ResponseTVNZ said Ms Rankin’s comments were not intended to disparage Māori but to call "for action on child abuse among Māori who are significantly over-represented in child abuse statistics". She had clearly stated that it was not just Māori who were abusing their children. The broadcaster said the host's questions had forced Ms Rankin to balance her comments....

Complaint under section section 8(1B)(b)(i)Eating Media Lunch – host introduced the episode by saying “Good evening, kia ora, fuck your mother” – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] Eating Media Lunch was a series broadcast on TV2 that lampooned aspects of the media both in New Zealand and overseas. The host introduced the episode broadcast at 10pm on Friday 2 November 2007 with the following words: Good evening, kia ora, fuck your mother. [2] The episode was preceded by a verbal and visual warning which said: This programme is rated Adults Only. It contains language and sexual material that may offend some people. Complaint [3] Martin Taylor made a formal complaint about the introduction to Television New Zealand Ltd, the broadcaster....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comment included a statement that the Green Party was the party of square dancers – complainant objected to square dancers being associated with the Green Party – allegedly in breach of good taste and decency and denigrated square dancersFindingsPrinciple 1 (good taste and decency) – standard not relevant to complaint – not upheld Principle 7 and guideline 7a (denigration) – square dancers not a “section of the community” to which the guideline applies – not upheldThis headnote does not form part of the decision. Broadcast [1] On 6 June 2006 at approximately 7....

Complaint60 Minutes – interview with swimmer Trent Bray – allegations of steroid use – unfair to interviewee – bad taste FindingsStandard G2 – no uphold Standard G4 – swimmer given opportunity to tell his side of the story – not treated unfairly – no uphold This headnote does not form part of the decision. Summary Swimmer Trent Bray, who had tested positive to a performance-enhancing drug, was interviewed on 60 Minutes broadcast on TV One on 26 March 2000 beginning at 7. 30pm. In an emotional sequence, he denied the allegation. J B Meiklejohn complained to Television New Zealand Ltd, the broadcaster, that it was inexcusable and unjustifiably insensitive to broadcast footage of the swimmer "incoherent in grief". In its response, TVNZ advised that the swimmer had not been coerced into participating in the interview, and had been aware of the scope of questions to be asked....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Holmes – interview with father of escaped prisoner – used words “arsehole” and “bugger” – allegedly offensiveFindings Standard 1 (good taste and decency) – context – not upheldThis headnote does not form part of the decision. Broadcast [1] A father whose son had escaped from prison was interviewed in an item broadcast on Holmes at 7. 00pm on 22 April 2004. The father, whose home had been burgled by his son on at least three occasions, appealed to his son to give himself up. During the interview, the father used the word “arsehole” and also used the word “bugger” at least three times. Complaint [2] Gary Welch and Don Campbell each complained to Television New Zealand Ltd, the broadcaster, that the use of the word “arsehole” was unacceptable and in breach of the standard requiring good taste and decency....