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Decisions
E and Soundwave FM - 1998-021, 1998-022
1998-021–022

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...

Decisions
Guest and CanWest RadioWorks Ltd - 2004-217
2004-217

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Morning Madhouse – The Edge – hosts commented on the name “Chris Peacock” – references to an item on KFC menu called “crispy cock” – mock advertisement containing references to oral sex – allegedly in breach of good taste and decencyFindings Principle 1 (good taste and decency) – sustained and repetitive sexual references – likely that young people would have been listening – upheldNo OrderThis headnote does not form part of the decision. Broadcast[1] At around 7. 55am on 26 October 2004 the hosts of The Morning Madhouse on the radio station The Edge joked about a complaint they had received from a person by the name of Chris Peacock....

Decisions
Watkins and The RadioWorks Ltd - 2001-071–084
2001-071–084

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…...

Decisions
Dickinson and The Radio Works New Zealand Ltd - 2001-047
2001-047

ComplaintRadio Pacific – question posed by talkback host – "what is wrong with a father having sex with his daughter anyway? " – breach of good taste – upheld by Radio Pacific – verbal warning given to host – action insufficientFindingsInsufficient action – upholdOrder Letter of apology to be sent to complainantThis headnote does not form part of the decision. SummaryThe host of a Radio Pacific talkback session, broadcast at 3. 00am on 27 December 2000, made the comment on air to a caller, "what is wrong with a father having sex with his daughter anyway? " The topic of incest had arisen in the conversation. Wendy Dickinson complained to the broadcaster, The Radio Works New Zealand Ltd, that the talkback host’s comments were "abhorrent", and should not have been made on radio....

Decisions
Wood and Radio New Zealand Ltd - 1990-012
1990-012

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

Decisions
Campbell and Radio New Zealand Ltd -2019-077 (18 February 2020)
2019-077

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...

Decisions
Singh and Radio Virsa - 2019-081 (27 May 2020)
2019-081

The Authority upheld a complaint that a segment of Punjabi talkback programme, Dasam Granth Da Sach breached the good taste and decency, violence and law and order standards. During the segment, the host made threatening comments, directed at members of a Sikh sect in response to recent violent incidents in India. The Authority found the comments undermined widely shared community standards, considering their seriousness, specificity and other contextual factors. The Authority also found the comments actively incited violence and promoted disrespect for the law within the specific community of listeners. The Authority recognised the value of the broadcaster’s right to freedom of expression but found the potential for harm justified a restriction of this right. Upheld: Good Taste and Decency, Violence, Law and Order Orders: Section 13(1)(a) broadcast statement...

Decisions
Dodds and The RadioWorks Ltd - 2002-025
2002-025

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....

Decisions
Findlay and Television New Zealand - 2008-032
2008-032

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....

Decisions
Cotsilinis and 4 Others and Television New Zealand Ltd - 2009-069
2009-069

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Close Up – item on group of duck hunters – hunters shown drinking alcohol and using firearms – brands of alcohol visible – man shown taking his pants off and diving onto a blow-up doll – allegedly in breach of good taste and decency, law and order, balance, accuracy, fairness, children’s interests and liquor promotion standards FindingsStandard 11 (liquor) – item contained liquor promotion that was not socially responsible – upheld Standard 1 (good taste and decency) – footage of man with blow-up doll and mixing of firearms and alcohol strayed beyond the bounds of good taste and decency – upheld Standard 9 (children’s interests) – broadcaster did not adequately consider the interests of child viewers – upheld Standard 2 (law and order) – item did not encourage viewers to break the law or otherwise promote, condone or glamorise criminal activity – not upheld Standard…...

Decisions
Durward and Television New Zealand Ltd - 2003-001
2003-001

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....

Decisions
Marsh and Valenta and TVWorks Ltd - 2008-026
2008-026

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Californication – scene contained simulated threesome, oral sex, and female ejaculation, as well as shots of a woman’s breasts – allegedly in breach of good taste and decency, programme information, and children’s interests standards Findings Standard 1 (good taste and decency) – sex scene explicit and gratuitous – upheld Standard 8 (programme information) – broadcaster not responsible for TV guides – standard does not apply – not upheld Standard 9 (children’s interests) – broadcaster sufficiently considered the interests of child viewers during school holidays – not upheld No Order This headnote does not form part of the decision. Broadcast [1] The tenth episode of Californication was broadcast on TV3 at 9. 35pm on Thursday 17 January 2008. Californication was a black comedy about a self-obsessed novelist named Hank Moody....

Decisions
Smith and The RadioWorks Ltd - 2002-026
2002-026

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....

Decisions
Cochran and Radio New Zealand Ltd - 2017-032 (24 July 2017)
2017-032

Summary[This summary does not form part of the decision. ]An item on Checkpoint reported on the final stages of a court case in Auckland, known as the ‘Dome Valley’ kidnapping, in which a young woman was kidnapped, beaten, sexually violated and left to die by a group of her former friends. The reporter outlined the events of the kidnapping and the item featured segments of the victim giving evidence (with her voice disguised) via audio-visual link from another room in the closed court. The reporter and the victim outlined her assault and injuries in some detail. No audience advisory was broadcast....

Decisions
C B and Energy Enterprises Ltd - 1994-098
1994-098

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 98/94 Dated the 20th day of October 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by C B of New Plymouth Broadcaster ENERGY ENTERPRISES LIMITED of New Plymouth I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Decisions
Paton-Simpson and TV3 Network Services Ltd - 1996-084
1996-084

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...

Decisions
Rape Prevention Group Inc and The RadioWorks Ltd - 2000-003, 2000-004
2000-003–004

Summary The words "stick my hard dick up your butt" were reported by the complainant to have been used by an announcer on The Rock at around 10. 20pm on 20 July 1999. The complainant reported that the same announcer used the words "in between the legs" in the course of a discussion about an eclipse of the moon, during the evening of 28 July 1999. The Rape Prevention Group Inc. complained to The RadioWorks Ltd, the broadcaster, that it had breached Principles 1 and 7 of the Radio Code of Broadcasting Practice. The Rape Prevention Group maintained that the two comments were offensive and harmful to women. It said that being referred to as sex objects and "mere bodies" degraded women. The broadcaster responded that The Rock was targeted at a male audience aged between 18-39 years and that its style appealed to large numbers of that group....

Decisions
Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024
1993-010–024

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...

Decisions
EC and The Radioworks Hawkes Bay - 1998-132, 1998-133
1998-132–133

Summary On two occasions on 31 July 1998 between 9. 00-9. 30am, a caller to Hot 93FM referred to the winner of an on-air competition as "That bitch E…C…". The caller said she had helped the winner with the answers to the competition, but that the winner had refused to share the prize of a dinner for four. Station staff then made two hoax calls in a similar vein. Ms C, the winner of the competition, complained to the Broadcasting Standards Authority under s. 8(1)(c) of the Broadcasting Act 1989 that her privacy was breached by the broadcast. She also complained directly to the station that it contravened the requirement for broadcasters to observe standards of good taste and decency. She reported that she had been extremely upset by the calls....

Decisions
Morrish and Valenta and Television New Zealand Ltd - 2005-137
2005-137

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....

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