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This decision was successfully appealed in the High Court: CIV-2010-485-002007 PDF3. 33 MBComplaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Hung – episode included oral sex scene and female genital nudity – broadcast at approximately 10. 10pm – allegedly in breach of good taste and decency standardFindingsStandard 1 (good taste and decency) – majority – genital nudity and oral sex scene explicit and gratuitous – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An episode of the TV series Hung was broadcast on TV One at 9. 50pm on Monday 22 March 2010. Hung was a comedy-drama series centred around the life of Ray Drecker, a divorced and financially struggling father who decided to use his large penis to make money as a male prostitute. [2] The episode revolved around Ray’s mounting financial troubles, forcing him to consider lowering his fees....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-016 Dated the 27th of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PIRIPI WHAANGA of Wellington Broadcaster AOTEAROA NATIONAL MAORI RADIO J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint Mo Show – interview with makers of and participants in a pornographic film – offensive – unsuitable for children FindingsStandard 1 – gratuitous sexual activities – uphold Standard 9 – not children’s normally accepted viewing time – no uphold No Order This headnote does not form part of the decision Summary [1] The making of a pornographic film near Los Angeles was shown in a segment of the Mo Show broadcast on TV2 at 10. 00pm on Tuesday 3 September 2002. The Mo Show is targeted at a young adult audience and features two New Zealand comedians presenting events they encounter in a number of countries, focusing on popular music and film. [2] Lois Durward complained to Television New Zealand Ltd, the broadcaster, that the segment about pornographic film-making near Los Angeles was offensive and unsuitable for younger viewers....

Download a PDF of Decision No. 1993-084:Sharp and Television New Zealand Ltd - 1993-084 PDF500. 47 KB...

Dated: 6 July 2010 Decision No:  2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE  of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One                                   Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...

ComplaintRadio Pacific talkback – John Banks – critical of Italian team at America’s Cup – greasy Italians – unfair – offensive language – discriminatory – incomplete tape FindingsPrinciple 1 – offensive – uphold Principle 7 – no uphold OrderCosts to the Crown in the sum of $1000 This headnote does not form part of the decision. Summary During his talkback programme broadcast between 6. 00–9. 00am on 23 February 2000 on Radio Pacific, host John Banks referred to an incident which had occurred in the America’s Cup race the previous day when the Italian challenger had experienced a number of mishaps and a crew member suffered a head injury. Among other things, he was said to have described the team as "greasy Italians who should be sunk to the bottom of the Waitemata Harbour....

Download a PDF of Decision No. 1992-084:Atkinson and TV3 Network Services Ltd - 1992-084 PDF309. 13 KB...

Summary[This summary does not form part of the decision. ]3 News reported on a gun attack on a Tunisian beach resort, and showed amateur video footage of the event. The footage contained images of people shouting and running around in confusion, and gunshots and bomb blasts could be heard. The footage also showed the gunman lying in the street after he had been shot dead by police. The Authority upheld a complaint that this footage was disturbing and should have been preceded by a warning. While recognizing the high public interest in the story and the footage, viewers were not given a reasonable opportunity to exercise discretion because they were not adequately warned of its nature. The Authority did not make any order....

ComplaintFilm – Albino Alligator – repeated and overwhelming use of fuck and motherfucker – offensive language FindingsStandard G2 – overwhelming and repetitive use of fuck and motherfucker was gratuitous – uphold No Order This headnote does not form part of the decision. Summary [1] The film Albino Alligator was broadcast on TV4 on 28 June 2001 beginning at 9. 30pm. It was a police drama involving a robbery and a hostage taking. [2] Owen Blackburn complained to TV3 Network Services Ltd, the broadcaster, that the repeated use of the "f" word in the scene when a reporter interviewed a police officer, was unnecessary. [3] In response, TV3 said that film was rated AO, and preceded by a written and verbal warning. Moreover, 56 cuts had been made by TV4’s appraiser because of the language, and screening was prohibited before 9. 30pm....

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

SummaryThe morning broadcast on The Rock on 14 July 1999, included a "joke" about an Indian superette owner and his Pakistani worker. Mr Yousef complained to The RadioWorks, the broadcaster, that the joke was offensive and demeaning. He considered that the joke was both in bad taste and cast a "racial and religious slur". The broadcaster responded that the show was targeted at an audience of males aged between 18-39 years and that its style appealed to large numbers of that group. In the broadcaster’s view, those people were entitled to their own radio station which reflected their values, language and attitudes. The RadioWorks declined to uphold the complaint. Dissatisfied with the broadcaster’s decision, Mr Yousef referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority upholds the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Back of the Y – programme contained substantial amount of coarse language and staged violence – mocked religion – skit in which a character playing Jesus Christ was beaten up by another playing Santa Claus – skit called ‘Pooman and Wees’ in which the character Pooman threw imitation faeces at his enemies and showed his bottom and genitals from behind – scene where woman was sprayed with imitation faeces and licked some off her hands – character Wees tried to clean the faeces off her by spraying her with imitation urine, but sprayed himself instead – skit called ‘Smoodiver’ in which the male character was shown apparently masturbating – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – episode contained material and themes that were in bad taste – cumulative effect of material – contextual factors favouring…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item covering the murder trial of Clayton Weatherston – contained footage of Mr Weatherston in court describing his attack – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – viewers would not have expected the level of explicit detail provided – item required a warning – upheld No Order This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast at 6pm on Monday 13 July 2009, covered the day’s events at the trial of Clayton Weatherston, who was accused of murdering Sophie Elliott. The presenters introduced the item by saying: The university tutor who killed his former student and girlfriend has given his version of what happened in her bedroom that day....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – item parodied “naked” news programmes – allegedly in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – sequence unnecessarily lengthy – gratuitously explicit – upheldNo OrderThis headnote does not form part of the decision. Broadcast [1] Eating Media Lunch is a series that lampoons aspects of the media both in New Zealand and overseas. The use of semi-naked news presenters in some countries was featured in the item broadcast on TV2 starting at 10. 00pm on Tuesday 15 November 2005. [2] The item presented the “Fuck News” which was said to originate in France. The item showed two partly dressed presenters who seemed to be having sexual intercourse while reading the news....

ComplaintThe Edge – announcer makes anonymous call to woman – purports to be buying magazines – says has fetish for "shirtless Papua New Guinea women" – threatening and offensive – breach of good taste and decency FindingsPrinciple 1 – sinister – threatening – breach of good taste and decency – uphold OrderBroadcast of summary – costs of $500 to Crown This headnote does not form part of the decision. Summary [1] During a broadcast on The Edge on 17 October 2001 between 9. 30am and 10. 00am, one of the announcers telephoned a woman who was advertising National Geographic magazines, purporting to be a potential buyer. He told the woman he had a fetish for "topless Papua New Guinea women" and requested copies of the magazines carrying such pictures....

Summary[This summary does not form part of the decision. ]Kaho Naa… Pyaar Hai (Say… You’re in Love), a Bollywood romantic thriller film, was broadcast on free-to-air television channel APNA TV between 3pm and 6pm. The film featured action scenes containing violence. The Authority upheld a complaint that the film breached a number of broadcasting standards. The film was broadcast unclassified and with an incorrect programme description, which meant audiences were unable to make an informed viewing choice and were unable to regulate their own, and their children’s, viewing behaviour. The film’s inclusion of violent imagery such as beatings, shoot-outs, murder and dead bodies, and the visual depiction of these acts occurring onscreen, warranted an AO classification and later time of broadcast on free-to-air television....

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Download a PDF of Decision No. 1990-012:Wood and Radio New Zealand Ltd - 1990-012 PDF452. 75 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nightline – item featured interview with two members of the band Linkin Park who used coarse language – allegedly in breach of good taste and decencyFindings Standard 1 (good taste and decency) – inclusion of the language was gratuitous and deliberately provocative – no warning given – research supports likelihood of viewers being offended – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] An item on Nightline, broadcast on TV3 just before 11pm on 15 October 2007, discussed the international success of American band, Linkin Park, and included an interview with two of the band members. At the beginning of the interview, one member said “Fuck you! ” in response to the interviewer welcoming them to New Zealand....