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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 92/94 Dated the 6th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster PRIMEDIA (Radio Hauraki) of Auckland I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

ComplaintCoca Cola Chart Show – sex club routines – offensive behaviour – unsuitable for children – upheld by broadcaster – uncut version subsequently re-broadcastFindingsAction taken insufficient – upholdOrderBroadcast of statement This headnote does not form part of the decision. Summary A music video entitled "Madonna Music" was broadcast on the Coca Cola Chart Show on TV2 on 29 August 2000 at about 11. 30am. It included a night club sequence where women were shown performing night club routines. Deanna Clarke complained to Television New Zealand Ltd, the broadcaster, that the sexually overt content of the video fell short of accepted norms of decency and good taste. Further, as it was screened on a Sunday morning during children’s accepted viewing times, the broadcaster did not demonstrate that it was mindful of the video’s effect on children. TVNZ upheld Ms Clarke’s complaint under both standards....

Download a PDF of Decision No. 1992-003:Lyons and XS Radio Ltd - 1992-003 PDF237. 95 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Listeners’ Choice Countdown – song titled “Killing in the Name” by Rage Against the Machine – broadcast at 9. 30am – contained the lyrics “Fuck you, I won’t do what you tell me” repeated 16 times, followed by the word “motherfucker” – allegedly in breach of standards relating to good taste and decency and responsible programming Findings Standard 1 (good taste and decency) – song inadequately censored – excessive use of expletives would have significantly departed from audience expectations – upheld Standard 8 (responsible programming) – subsumed into consideration of Standard 1No Order This headnote does not form part of the decision. Broadcast [1] A song titled “Killing in the Name” by rock band Rage Against the Machine was broadcast during the Listeners’ Choice Countdown on Radio Hauraki at approximately 9. 30am on Thursday 17 February 2011....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Shortland Street – episode contained violent scenes – man hit another’s head on a rock – man hit with baseball bat – unconscious man put in car and car set alight – allegedly in breach of standards of good taste and decency Findings Standard 1 (good taste and decency) – programme contained disturbing adult themes and violence – unsuitable for children even when supervised by an adult – upheld by majority No Order This headnote does not form part of the decision. Broadcast [1] An episode of Shortland Street was broadcast on TV2 at 7pm on Tuesday 2 September 2008. It began with a car chase involving one of the central characters, Dr Craig Valentine, who was eventually forced off the road and down a bank....

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"....

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....

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....

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Summary[This summary does not form part of the decision. ]The first two episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9. 45pm on Friday 27 October 2017, and 9. 30pm on Friday 3 November 2017. The essence of the programme is that a clothed individual selects a date from six naked individuals, who are gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Thirteen complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted the programme was broadcast at a time on a weekend night when children were likely to be watching....

Warning: This decision contains language that some readers may find offensive. The Authority upheld a complaint that the use of the word ‘fuck’ in an episode of the programme Eating Fried Chicken in the Shower breached the good taste and decency and children’s interests standards. While the Authority recognised the value and nature of the programme, it was not preceded by any offensive language warning which the Authority considered necessary as the language used was outside audience expectations for the programme, and the programme was aired at 7:30pm, at a time when children may be listening. Upheld: Good Taste and Decency, Children’s Interests No Order...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-019 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D R CAMPBELL of Papamoa Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

ComplaintCOW AM – offensive behaviour – offensive language – questions about sex life FindingsStandard G2 – AO – 10. 00pm – explicit questions – context – uphold Cross-referenceDecision Nos: 2000-100–101 Order$250 costs to the Crown This headnote does not form part of the decision. Summary An episode of COW AM was broadcast on Channel 9 Dunedin on 29 May 2000. The programme included a sequence during which two young women and a man were questioned by the programme’s presenter about their recent sexual exploits. The programme was broadcast at around 10. 00pm. Mr J G Donaldson complained to Channel 9 Dunedin, the broadcaster, that he was "appalled" by the broadcast of what he called the "indecent interviews"....

Complaint under section 8(1C) of the Broadcasting Act 1989Ski FM – during 16 July broadcast presenter made comment about sucking diarrhoea out of someone’s bottom with a straw – during 18 July broadcast presenter made comment about drinking pig’s urine – allegedly in breach of good taste and decency FindingsStandard 1 (good taste and decency) – comment about drinking pigs urine puerile, but not so offensive as to breach Standard 1 – comment about sucking diarrhoea out of someone’s bottom with a straw went well beyond what listeners would expect to hear on radio – comment would have offended a significant number of listeners – upheld OrderSection 16(4) – costs to the Crown $500 This headnote does not form part of the decision....

ComplaintThe Rock – Morning Rumble – competition – the worst things that had ever happened to you when you’ve been drinking – story about drunk youth – stripped – drawn on – urinated over – crutch pushed into rectum – photos taken – person embarrassed and later left school – encourages abuse FindingsPrinciple 1 – story offensive – uphold Principle 7 guideline 7b – 7. 15–8. 15am normally accepted listening time for children – uphold OrderCosts of $2,500 to the Crown This headnote does not form part of the decision. Summary [1] A competition entitled "The worst things that have ever happened to you when you’ve been drinking" was run on The Rock between 7. 15–8. 15am on 31 July 2001....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-084 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ELIZABETH PATON-SIMPSON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...