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Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

SummaryThe results of a paternity test were revealed live during the broadcast of You be the Judge on TV2 on 29 March 1999 beginning at 8. 00pm. The child, who was 6 years old, was present in the studio when it was revealed that his mother’s former husband was his father. The Commissioner for Children, Ursula Cheer, John Caldwell and David Rowe, Gillian Davies, Marianne Hardgrave, Mike Doolan on behalf of the Children Young Persons and their Families Agency, Charles and Helen Harrington-Johnson, Bronwyn Hayward on behalf of the Children’s Television Foundation and Aroha Reihana complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that the broadcast violated the child’s right to privacy....

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…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-021 Decision No: 1998-022 Dated the 5th day of March 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by E of Napier Broadcaster GRAHAM J BARCLAY T/A SOUNDWAVE FM of Napier S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintChannel Z – competition about method of waking up another person – broadcast of male competitor who apparently woke female flatmate with her vibrator – serious criminal offence – offensive behaviourFindingsPrinciple 1 – offensive behaviour described – telephone call recorded – tape reviewed and approved for broadcast – serious error of judgment – upholdOrderBroadcast of approved statement Costs of $2,000 to CrownThis headnote does not form part of the decision. Summary[1] Novel ways of waking a person up were the subject of a competition run on Channel Z. At about 7. 30am on 14 December 2001, Channel Z broadcast a tape of a male competitor waking up a female flatmate in her bedroom by using her vibrator. The broadcast included her invective directed at the competitor when she awoke....

Download a PDF of Decision No. 1993-145:Foxley and Radmass 99. 4FM - 1993-145 PDF474. 55 KB...

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...

ComplaintM2 – "One Night in New York City" – music video – theme of drug rape – portrayal of criminal sexual activity – breach of good taste and decency Findings Standard 1 – context, including offensive language and behaviour – majority uphold Standard 2 – Guideline 2e – anti-social behaviour portrayed but not glamorised – no uphold No Order This headnote does not form part of the decision. Summary [1] A music video by the band The Horrorists, entitled "One Night in New York City", was broadcast on M2 on TV2 at approximately 4. 25am on 10 February 2002. The lyrics told the story of a 15-year-old girl who visited New York City, and went home with a man she met at a nightclub. The man gave her a pill, which she took, and then she asked him what it was....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Amazon with Bruce Parry – during the programme the presenter said “fuck” – allegedly in breach of good taste and decency and children’s interests standardsFindings Standard 1 (good taste and decency) – broadcast prior to 8. 30pm watershed – research suggests that the word “fuck” would be unacceptable to majority of New Zealanders in this context – upheldStandard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] The programme Amazon with Bruce Parry was broadcast on Prime TV at 7. 30pm on Friday 26 June 2009. It was part of a series that examined the area around the Amazon River, its people, their culture, resource extraction and environmental issues....

Download a PDF of Decision No. 1993-098–099:McElroy and Pryor and Television New Zealand Ltd - 1993-098, 1993-099 PDF802. 78 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host sang jingle about a public figure being “into ladies” – included phrases, “when they make love do they have to put a strap on it”, she “wanted to go rug munching” and she “got sick of dicks” – broadcaster upheld complaint under good taste and decency – action taken allegedly insufficientFindingsStandard 1 (good taste and decency) – song lyrics were unacceptable for broadcast at 8. 20am – serious breach of good taste and decency – action taken by broadcaster was insufficient – upheld OrdersSection 16(4) – costs to the Crown $2,000 This headnote does not form part of the decision. Broadcast [1] At 8....

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...

ComplaintEmmanuelle 7 – adult movie – rape scene – offensive Findings Standard S2 – eroticised rape scene – unacceptable in context of adult movie – upheld Standard S29 – rape theme not treated with utmost care – upheldNo OrderThis headnote does not form part of the decision. Summary[1] The adult movie Emmanuelle 7 was screened at 12. 30am on 13 September 2003 on SKY 1. The movie is rated “18”. [2] Rudy Hueting complained to SKY Network Television Ltd, the broadcaster, that a rape scene in the movie was unsuitable for broadcast. [3] Declining to uphold the complaint, SKY maintained that in context the scene did not offend against broadcasting standards relating to good taste and decency or programmes which have rape as a theme. [4] Dissatisfied with SKY's decision, Mr Hueting referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989The 5th Wheel – overt sexual content – allegedly bad taste and inappropriate for childrenFindings Standard S2 (good taste and decency) – context – upheld Standard S20 (children) – unacceptable for broadcast during children’s normally accepted viewing times – 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 5 February 2004. In the episode, two men and two women went on a date horse riding, and then to dinner. At dinner, a third woman (a Las Vegas showgirl) joined the date and the contestants then chose who they preferred to date again....

Summary[This summary does not form part of the decision. ]The music video for Nicki Minaj's song 'Only' was broadcast on MTV at 6. 50pm, in a segment classified MC. The Authority upheld the complaint that the numerous expletives and sexual references in the video were distasteful and unsuitable for uncensored broadcast at a time when younger viewers were watching. The video was incorrectly classified MC when it should have been 16LC and the explicit adult content exceeded audience expectations of the MC classification. The incorrect classification also meant that filtering technology would not have been as effective in preventing children from viewing the video as it should have been....

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....

Complaint under section 8(1)(a) of the Broadcasting Act 19899 Songs – film included explicit scenes of unsimulated sexual intercourse, oral sex, masturbation and ejaculation – broadcast at 8. 30pm on Rialto Channel – allegedly in breach of content classification and warning standard, and good taste and decency Findings Standard P1 (content classification, warning and filtering) – 18 S classification was inadequate to advise viewers about the explicit sexual content – should have included a visual and verbal warning prior to the broadcast – upheld Standard P2 (good taste and decency) – lack of warning and audience expectations of Rialto Channel – upheld No Order This headnote does not form part of the decision. Broadcast [1] At 8. 30pm on Saturday 7 July 2007, a movie entitled 9 Songs was broadcast on Rialto Channel. The channel was available to both SKY Television and TelstraClear subscribers....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shameless – programme contained sex scenes, swearing and violence – allegedly in breach of good taste and decency and children’s interests standards – broadcaster upheld complaint under content classification, warning and filtering standard FindingsAction Taken: Standard P1 (content classification, warning and filtering) – action taken by the broadcaster was sufficient – not upheld Standard P2 (good taste and decency) – incorrect classification and inadequate warning label meant that viewers were not sufficiently informed of the programme’s likely content – viewers were therefore denied the opportunity to make a different viewing choice and were more likely to be offended – upheld Standard P3 (children’s interests) – broadcaster sufficiently protected child viewers from unsuitable content by classifying the programme 16 – not upheld No OrderThis headnote does not form part of the decision....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision Nos: 116/95 - 125/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by RAPE PREVENTION GROUP (4) of Christchurch H SUTHERLAND of Christchurch F MAWSON of Christchurch JOHANNES PATER of Christchurch STEPHANIE JOHNSON of Christchurch MURRAY JOHNSON of Christchurch S FINDLAY of Christchurch SKY NETWORK TELEVISION LIMITED Broadcaster J M Potter Chairperson L M Loates R McLeod...