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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997- Dated the th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D L HURNDELL of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
Te Raumawhitu Kupenga declared a conflict of interest and did not participate in the determination of this complaint. Complaint under section 8(1) of the Broadcasting Act 1989Labour Party Asset Sales Advertisement – used the word “damn” – allegedly in breach of good taste and decency standardFindingsStandard E1 (election programmes subject to other Codes) – Standard 1 (good taste and decency – “damn” is very low-level language and would not have offended most viewers – complaint frivolous and trivial – decline to determine under section 11(a) of the Broadcasting Act 1989This headnote does not form part of the decision. Introduction[1] An advertisement for the New Zealand Labour Party was broadcast on TV3 on 14 November 2011 at approximately 10pm. The advertisement contained the following voiceover: If you think power prices are high now, wait until we don’t own a damn thing....
Download a PDF of Decision No. 1993-122:Glendorran and Television New Zealand Ltd - 1993-122 PDF269. 28 KB...
Summary [This summary does not form part of the decision. ]In a ‘Showbiz news’ segment on MORE FM Breakfast, a joke was made about the marriage breakup of Kim Dotcom and his wife. The Authority did not uphold the complaint that the joke breached standards of good taste and decency. It was light-hearted and humorous and typical of breakfast radio, and the Dotcoms could reasonably expect some coverage of their breakup. Not Upheld: Good Taste and DecencyIntroduction[1] In the ‘Showbiz news’ segment on MORE FM Breakfast, one of the hosts made a joke about the marriage breakup of Kim Dotcom and his wife. The comments were broadcast on MORE FM on 19 May 2014 at 7. 30am. [2] Colin Foster made a formal complaint to MediaWorks Radio Ltd (MediaWorks), arguing that the comments were inappropriate for a public media platform....
The Authority has not upheld a complaint that the action taken by MediaWorks in response to a breach of the fairness standard during a segment of Jay-Jay, Flynny and Jase Driving You Home was insufficient. The segment featured host Flynny telling a story about an ‘embalmer’ who had embalmed their cat after it passed away. The Authority agreed that the complainant was unfairly treated by the broadcaster in breach of the fairness standard. However, the Authority found the action taken by the broadcaster, which included a direct apology to the complainant, and counselling of the hosts concerned, was proportionate to the breach. The Authority also found that the broadcast was unlikely to cause widespread undue offence or distress and that the complainant’s privacy was not breached as they were not identifiable in the broadcast. Not Upheld: Fairness (Action Taken), Good Taste and Decency, Privacy...
Complaints under section 8 of the Broadcasting Act 1989Californication – programme contained swear words, discussions of sexual themes, sex scenes (including one involving violence) and implied teenage drug use – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – language was legitimate for a challenging drama – sex scenes and dialogue concerning sexual themes were integral to the storyline – teenage drug use was implied – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] The first episode of a programme called Californication was broadcast on TV3 at 9. 30pm on 8 November 2007. Californication was a black comedy about a self-obsessed novelist named Hank Moody. Hank was suffering from writer’s block and was struggling to raise his 12-year-old daughter, while still holding strong feelings for his ex-girlfriend, Karen, the mother of his daughter....
Complaint under section 8(1)(b) of the Broadcasting Act 1989Heartbreakers – film – promo – used words “May I grab your nuts” – allegedly offensive languageFindings Standard 1 (good taste and decency) and Guideline 1a – context – not upheldThis headnote does not form part of the decision. Broadcast [1] The words “May I grab your nuts” were contained in a promo for the film Heartbreakers. The scene involved the female lead talking suggestively to a male in a bar. The promo was broadcast during 3 News at approximately 6. 30pm on 18 March 2004. Complaint [2] Donald McDonald complained to TV3 Network Services Ltd, the broadcaster, that the phrase which suggested an indecent assault was offensive. When TV3 failed to respond to his complaint, Mr McDonald referred it to the Broadcasting Standards Authority....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comments regarding the beheading of hostages in Iraq – allegedly breached good taste and decency FindingsPrinciple 1 (good taste and decency) – presenter’s comments light-hearted look at serious issue – common practice in broadcast media – no intent to minimise gravity of subject matter – no obscene language or macabre detail employed – not in breach of good taste and decency standard – not upheld This headnote does not form part of the decision. Broadcast [1] At about 6. 53am on 22 September 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) began a segment about the beheading of hostages in Iraq. At the time of the broadcast, British man Kenneth Bigley had been captured by terrorists in Iraq....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Newstalk ZB – news item reported on a court trial in which several people were accused of being involved in the death of a toddler – included details of the abuse suffered by the child – allegedly in breach of good taste and decency Findings Standard 1 (good taste and decency) – details of the abuse were not gratuitous – no warning required – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] A news item, broadcast on Newstalk ZB at 5pm on Tuesday 21 October 2008, reported on the High Court trial of several people in relation to the death of a toddler. The presenter began the report by stating: The Crown has today outlined the horrific abuse Rotorua pre-schooler Nia Glassie went through for months before her death....
ComplaintThe Machine – "arse end" used to describe Southland – quiz show aimed at children and teenagers – offensive language – broadcaster not mindful of children FindingsStandard G2 – insufficiently offensive to constitute breach – majority – no uphold Standard G12 – majority – no uphold This headnote does not form part of the decision. Summary One of the presenters of the TV2 quiz show The Machine, during the episode broadcast at 5. 30pm on 17 June 2001, introduced two competing school teams from Northland and from Southland as being "one from the top, one from the arse end" of the country. Robin Duff complained to the broadcaster, Television New Zealand Ltd, that such "crude language" was unacceptable. He said the word would have been acceptable in, for example, a police drama directed to adults, but not in a young person’s quiz show....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback discussion on the Queen’s refusal to attend the civil wedding ceremony for the Prince of Wales – host said “she’s a heartless wench through and through” – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – comment light-hearted expression of opinion – no obscene language – not upheldThis headnote does not form part of the decision Broadcast [1] The subject of whether the Queen would attend the wedding of Prince Charles and Camilla Parker-Bowles was discussed on the Newstalk ZB talkback programme at approximately 10. 30pm on 23 February 2005. A male caller explained that, while the Queen would attend the religious blessing of the couple, she could not attend the civil wedding ceremony. The host ended the conversation saying “she’s a heartless wench through and through”....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-053 Dated the 15th day of May1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W FORREST of Ngaruawahia Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
The Authority did not uphold a complaint that an episode of 20/20 aired on free-to-air television on a Sunday at 9am, covering the abduction of Steven Stayner and the subsequent murder of several women by Steven’s brother Cary Stayner, breached the children’s interests and good taste and decency standards. The Authority found that, while the broadcast discussed some potentially distressing themes and subject matter, such as rape, murder and kidnapping, viewers had sufficient information to enable them to make informed choices about whether they or children in their care should view the broadcast. The Authority highlighted the importance of audience expectations and target audiences in their determination and ultimately found any restriction on the broadcaster’s right to freedom of expression on this occasion would be unjustified. Not Upheld: Children’s Interests, Good Taste and Decency...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-086 Dated the 15th day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by J B WILLIAMSON of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Skins – programme about a group of teenagers in Britain – showed teenagers drinking excessive amounts of alcohol and taking drugs – contained sexual material, nudity, violence and coarse language – allegedly in breach of good taste and decency, law and order, responsible programming, children’s interests, violence and liquor promotion standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 2 (law and order) – programme did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard 8 (responsible programming) – programme correctly classified AO9....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Rome – two episodes contained offensive language – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – language was gratuitous and could have been edited without affecting the storyline – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] Two episodes of the historical drama Rome were broadcast on TV One at 10. 25pm on 13 January and at 11. 10pm on 3 February 2008. The 13 January episode contained the following lines: Caesar would’ve fucked Medusa if she’d had a crown. Nice manners, for a whore. Your son will eat shit and die before I make him legal. [I swear] on Juno’s cunt. I am a son of Hades! I fuck Concord in her arse! You can tell your lawyer to shove a taper up his arse and set himself alight....
Headnote Complaint under section 8(1)(a) of the Broadcasting Act 1989The ComplaintIn a segment of Balls of Steel called "Pain Men", two men devise various methods of inflicting pain on each other. In this programme, one of the men applied an electric belt sander twice to the other man's bare buttocks. The injured man then had a nail hammered through the skin between his thumb and forefinger and into a block of wood. A viewer complained that the programme set a dangerous and stupid example, and breached standards of good taste and decency, law and order, and children's interests. The Broadcaster's ResponseTVNZ said Balls of Steel was a comedy/entertainment programme that contained some sequences which created comedy out of the most distasteful acts. It pointed out that the programme was rated Adults Only, screened at 9. 30pm, and carried a warning that it contained scenes "which may disturb"....
Summary The short film Stella Street was broadcast on TV2 at 10. 25pm on 26 July 1999. Stella Street is a short comedy programme featuring two impersonators who lampoon the performance style of the well-known characters that they portray. Mr Rae complained to Television New Zealand Ltd, the broadcaster, that the programme contained highly offensive language and behaviour. TVNZ did not consider that it had breached any broadcasting standard. It noted the language was used in the context of a short film broadcast at 10. 25pm, carrying an AO certificate, and preceded by a warning. It did not consider the language would have exceeded the expectations of most viewers watching at that time of night. It also observed that the language was used for comedic effect. Dissatisfied with TVNZ’s decision, Mr Rae referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....
ComplaintBreakfast session – Lakes FM – skit about felling trees for runway extension in Rotorua – bad taste – unbalanced – irresponsibleFindingsPrinciple 1 – sensitive issue, but not precluded from satirical treatment – no uphold Principle 2 – no uphold Principle 4 – other viewpoints aired – no uphold Principle 7 – humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on Lakes FM on 19 September 2000 at about 7. 20am, two breakfast session hosts joked about felling trees to enable the runway at Rotorua airport to be extended. The background noises included the sound of chainsaws. Ngati Rangiteaorere, the owners of a stand of trees adjacent to the airport, complained through their solicitors to Lakes FM about the broadcast....