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Decisions
Barnes and ALT TV Ltd - 2007-029
2007-029

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Groove in the Park – text messages ran across the bottom of screen during broadcast of live music event on Waitangi Day – contained content which the complainant found offensive – allegedly in breach of good taste and decency, contrary to children's interests, denigratory and in breach of promotion of liquor standardFindingsStandard 1 (good taste and decency) – use of expletives in graphic sentences was contrary to the observance of good taste and decency – upheldStandard 6 (fairness) and guideline 6g (denigration) – text messages encouraged denigration of and discrimination against sections of the community based on race – upheldStandard 9 (children’s interests) – broadcast was G-rated and children likely to be watching on a public holiday – content highly unsuitable for children – upheld Standard 11 (liquor) – unable to determine in the absence of a recording – decline…...

Decisions
Painter and Taylor and Television New Zealand Ltd - 2009-155
2009-155

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with actress Keisha Castle-Hughes and director Niki Caro about their new film The Vintner’s Luck – references to sex – showed scenes from the film of the main characters passionately kissing and the male character putting his head up the female’s skirt – allegedly in breach of good taste and decency and children’s interests FindingsStandard 9 (children’s interests) – sex scene was gratuitous in a current affairs programme at 7pm – unsuitable for children – upheld – language was vulgar slang unexpected in this type of programme – borderline but not upheld Standard 1 (good taste and decency) – sex scene was not sufficiently discreet for PGR timeslot – upheld – language borderline but acceptable – not upheld No Order This headnote does not form part of the decision....

Decisions
Milich and Television New Zealand Ltd - 2011-053
2011-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Criminal Minds – storyline involved a man with extensive burn injuries seeking revenge on his victims by burning them alive – showed victims being covered in petrol and set on fire – allegedly in breach of standards relating to good taste and decency, responsible programming and violence FindingsStandard 8 (responsible programming) – high degree of explicit violence and disturbing themes constituted strong adult material that warranted an AO 9. 30pm classification and later time of broadcast – programme incorrectly classified – upheld Standard 10 (violence) – episode contained explicit violence – broadcaster did not exercise adequate care and discretion – upheld Standard 1 (good taste and decency) – level of violence in 8. 30pm broadcast was unacceptable in context, despite AO classification – upheld No Order This headnote does not form part of the decision....

Decisions
Raffray and TV4 Network Ltd - 1999-090
1999-090

Summary A promo for the Jo Brand programme included a "stand-up" comedy routine in which the comedian related how her mother warned her not to take sweets from old men. In relating the story, she used the expression "getting his knob out". The promo was broadcast on TV4 on 26 January 1999 at 7. 40pm during a PGR-rated programme. Mr Raffray complained to TV4 Network Ltd, the broadcaster, that the language used resulted in the broadcast of AO content during a PGR time-slot, without any warning, and during a programme which appealed to younger viewers. TV4 responded that the promo had a "hard PGR" rating which, it wrote, meant that it could not screen in programmes aimed at children. Because of the way the joke was told, the colloquial words were obscure enough not to be understood by younger viewers, it added....

Decisions
Calver and The Radio Network Ltd - 1999-065
1999-065

Summary A song entitled Closer by the group Nine Inch Nails which was broadcast by 9inety6ixdot1 on 2 February 1999 at around 5pm contained the lyrics "I want to fuck you like an animal". Mr Calver of Auckland complained to 9inety6ixdot1, the broadcaster, that the lyrics were inappropriate to be broadcast, as they offended against the observance of good taste and decency. He also complained that the lyrics had "connotations of a certain level of violence" which was inappropriate for the time of the day the song was broadcast. 9inety6ixdot1 denied that the lyric "I want to fuck you like an animal" encouraged violence. It contended that the lyric "must be read – and heard – in relation to the station’s intended audience" and, therefore, that it complied with the good taste standard in the context of its audience....

Decisions
Bartlett and The RadioWorks Ltd - 1999-191, 1999-192
1999-191–192

SummaryDuring the course of the evening’s broadcast on The Rock on 28 June 1999, reference was made to a computer image of "a Dalmatian shagging a chick" and an All Black’s sexual orientation. The word "fuck" was used on several occasions in a broadcast on The Rock during the evening two weeks earlier – on 14 June 1999 – and a female caller who objected to being called "a dozy bitch" was told to "fuck off" if she did not like it. Mr Bartlett complained to The RadioWorks, the broadcaster, that it had breached the Broadcasting Act by using discriminatory, unfair and indecent language. He cited a number of specific instances which he asked the station to address. The station’s programme director responded that the show was targeted at an audience of males aged between 18–39 years and that its style appealed to them....

Decisions
Credo Society Inc and 95bFM - 2000-154
2000-154

ComplaintSong "You Suck" – Yeastie Girls – offensive language – oral sex described – 8. 30pm – student radio – targeted to gay and lesbian listenersFindings Principle 1 – despite context, content exceeded community expectations of good taste – upholdOrderCosts to Crown in the sum of $250 This headnote does not form part of the decision. Summary During a programme entitled Around the Bend broadcast on 95bFM on 30 April 2000 at about 8. 30pm a song by the Yeastie Girls entitled "You Suck" was played. It concerned oral sex. Barbara Faithfull, on behalf of the Credo Society, complained to 95bFM, the broadcaster, that the song was "nauseatingly indecent, morally repugnant and human degradation personified" and breached broadcasting standards. In its response, 95bFM reported that this was a "joke song" created in response to the "overt sexism" of songs by the Beastie Boys....

Decisions
Malcolm and RadioWorks Ltd - 2003-007, 2003-008
2003-007–008

Complaint The Edge – caller to station advised that she had unwittingly committed incest and sought assistance with advising half-brother – caller telephoned her half-brother on-air advising him of their relationship – highly sensitive material – breach of privacy – releasing information offensive – no tape FindingsPrinciple 1 Guideline 1a – despite time for reflection, broadcaster proceeded with the broadcast of very sensitive information for entertainment purposes – upholdPrinciple 3 – privacy – consent from one party Privacy Principle (vii) – no uphold – no identification of the other – no uphold OrderBroadcast of statement This headnote does not form part of the decision Summary [1] "Cleaning Out Your Closet" was the name of a competition run by The Edge, a radio station, in which callers speak about something they want to get off their chest. At about 5....

Decisions
NZ On Air and Radio Liberty Network - 1995-140
1995-140

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 140/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NEW ZEALAND ON AIR Broadcaster RADIO LIBERTY NETWORK J M Potter Chairperson L M Loates R McLeod...

Decisions
Hooker and TV4 Network Ltd - 2002-029
2002-029

ComplaintSouth Park – necrophilia – offensive theme FindingsStandard G2 – offensive material notwithstanding context – uphold No Order This headnote does not form part of the decision. Summary [1] An episode of South Park was broadcast on TV4 at 9. 00pm on 13 September 2001. South Park is a cartoon comedy series. [2] Michael Hooker complained to TV4 Network Ltd, the broadcaster, that the "entire episode was based on the theme of necrophilia" (sex with a dead person), which he considered to be outside the accepted norms of taste and decency in the context of a comedy. [3] TV4 declined to uphold the complaint. It did not consider that the programme breached standards relating to good taste and decency. [4] Dissatisfied with TV4’s decision, Mr Hooker referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Miller and Television New Zealand Ltd - 1993-078
1993-078

Download a PDF of Decision No. 1993-078:Miller and Television New Zealand Ltd - 1993-078 PDF659. 74 KB...

Decisions
Burt and Television New Zealand Ltd - 1991-023
1991-023

Download a PDF of Decision No. 1991-023:Burt and Television New Zealand Ltd - 1991-023 PDF293. 72 KB...

Decisions
MacKay and Television New Zealand Ltd - 1998-165
1998-165

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

Decisions
Lee and The RadioWorks Ltd - 2002-151
2002-151

ComplaintRadio Pacific – news item about woman swept away in a flood – news reader laughed – offensiveFindingsPrinciple 1 – style of delivery of item offensive – apology inadequate – upholdNo OrderThis headnote does not form part of the decision. Summary[1] A news item on Radio Pacific dealt with a woman who was swept away during a flood. The newsreader laughed as he read the item. [2] Glen Lee complained to The RadioWorks Ltd, the broadcaster, that laughter during an item about a human tragedy was offensive. [3] In response, The RadioWorks acknowledged that the item had been accompanied by laughter. It said that the hilarity followed a joke which had been told off-air during a preceding commercial break. However, it added, immediately after the laughter, an announcer apologised. [4] Dissatisfied with the broadcaster's response, Mr Lee referred the complaint to the Broadcasting Standards Authority under s....

Decisions
Jackson and Television New Zealand Ltd - 2010-122
2010-122

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with female porn star about her thoughts on feminism and sexuality – included footage of porn star wearing lingerie and clips from her pornographic movies – broadcaster upheld complaint under good taste and decency and children’s interests standards – action taken allegedly insufficient FindingsAction taken – Standards 1 (good taste and decency) and 9 (children’s interests) – serious breach of good taste and decency and children’s interests standards – action taken by broadcaster was insufficient – upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – costs to the Crown of $3,000 This headnote does not form part of the decision. Broadcast [1] During an episode of Close Up, broadcast on TV One at 7pm on 11 August 2010, a reporter interviewed a female porn star, Nina Hartley, about her life and thoughts on feminism and sexuality....

Decisions
Women Against Pornography and Smits and Television New Zealand Ltd - 1995-069, 1995-070
1995-069–070

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 69/95 Decision No: 70/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WOMEN AGAINST PORNOGRAPHY of Auckland and PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
Credo Society Inc and Access Community Radio Inc - 1994-078
1994-078

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 78/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INCORPORATED of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INCORPORATED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Cowan and TV3 Network Services Ltd - 1992-001
1992-001

Download a PDF of Decision No. 1992-001:Cowan and TV3 Network Services Ltd - 1992-001 PDF262. 35 KB...

Decisions
Credo Society Inc and 95bFM - 1997-008
1997-008

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-008 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster 95 bFM J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Lilley and Television New Zealand Ltd - 2006-037
2006-037

Complaint under section 8(1)(a) of the Broadcasting Act 1989Teenage Caveman – movie about teenagers in the future who fall in with a group of genetically-altered and indestructible mutants – complainant objected to scenes of group sexual intercourse between teenagers, discussion on female pubic hair, female masturbation, and a young woman “exploding and a very graphic display of her exposed organs” – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – cumulative effect of challenging content – implied group sex and partial nudity intended to titillate – excessive drug and alcohol use – gratuitous violence and profanity – upheldNo OrderThis headnote does not form part of the decision Broadcast [1] The movie Teenage Caveman was broadcast on TV2 at 12. 35am on 17 April 2006....

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