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Decisions
Mee and The Radio Network Ltd - 1999-190
1999-190

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Sharp and Television New Zealand Ltd - 1993-075
1993-075

Download a PDF of Decision No. 1993-075:Sharp and Television New Zealand Ltd - 1993-075 PDF484. 07 KB...

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....

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
Robinson and RadioWorks Ltd - 2010-037
2010-037

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....

Decisions
Stevenson and Radio Tairua Ltd - 2011-095
2011-095

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Tairua – prelude to a song by rap artist DMX titled Gotta Go (Skit ) broadcast at 3. 45pm – appeared to involve a domestic dispute and contained extensive coarse language including the words “fuck” and “fucking” 13 times – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – excessive use of expletives at 3. 45pm when children could be listening would have significantly departed from audience expectations – upheld No Order This headnote does not form part of the decision. Broadcast [1] A prelude to a song by rap artist DMX called Gotta Go (Skit) was broadcast on Radio Tairua 88. 3FM at 3. 45pm on Tuesday 5 July 2011. The skit was approximately 1 minute in length and appeared to involve a domestic dispute between a man and a woman....

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
Paton and 95bFM - 1996-068
1996-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-068 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HELEN PATON of Auckland Broadcaster 95 bFM (AUCKLAND) J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
McAulay and MediaWorks Radio Ltd - 2021-015 (11 August 2021)
2021-015

While filling in on Magic Talk’s Magic Mornings, John Banks discussed former CEO Grainne Moss’s departure from Oranga Tamariki. One talkback caller made comments which were endorsed by Mr Banks. MediaWorks found these were denigrating towards Māori and breached the good taste and decency and discrimination and denigration standards. The Authority upheld a complaint that the action taken by MediaWorks did not sufficiently remedy the harm caused by the breaches. It found the comments were foreseeable in the broadcast environment MediaWorks had created. Upheld: Good Taste and Decency (Action Taken), Discrimination and Denigration (Action Taken) Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $3,000 costs to the Crown...

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
Minister of Women's Affairs (Hon Jenny Shipley) and Television New Zealand Ltd - 1993-100
1993-100

Download a PDF of Decision No. 1993-100:Minister of Women's Affairs (Hon Jenny Shipley) and Television New Zealand Ltd - 1993-100 PDF635. 3 KB...

Decisions
Adams, Godinet and Parsons and Television New Zealand Ltd - 2010-145
2010-145

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…...

Decisions
Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051
1992-046–051

Download a PDF of Decision No. 1992-046–051:Whyte and 5 Others and Television New Zealand Ltd - 1992-046–051 PDF1. 94 MB...

Decisions
Sharp and Television New Zealand Ltd - 1993-084
1993-084

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

Decisions
Cochran and MediaWorks TV Ltd - 2015-054
2015-054

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....

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
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
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
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
Watkins and The RadioWorks Ltd - 2002-121–127
2002-121–€“127

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – broadcasts unsuitable for children Findings(1) s. 11(a) – complaints not "frivolous, vexatious, or trivial" (2) 22 November broadcast – 6. 31am – Principle 1 – uphold (3) 22 November broadcast – 6. 39am – no uphold (4) 23 November broadcast – 6. 39am – Principle 1 – uphold (5) 26 November broadcast – 7. 40am – Principle 1 – uphold – Principle 7 and Guideline 7b – uphold (6) 27 November broadcast – 6. 35am – action taken insufficient – uphold (7) 30 November broadcast – 6. 36am – action taken insufficient – uphold (8) 6 December broadcast – 6. 19am – no uphold OrderTotal costs to the Crown in the sum of $3,000Cross-references: 2001-071–084; 2001-138–204 This headnote does not form part of the decision....

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