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Warnes and Radio Pacific Ltd - 1997-109
1997-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-109 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBIN WARNES of Lower Hutt Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Whitham and TV3 Network Services Ltd - 1999-178
1999-178

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

Decisions
Richmond and RadioWorks Ltd - 2013-023
2013-023

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Decisions
Carter and MediaWorks TV Ltd - 2016-008 (12 May 2016)
2016-008

Summary[This summary does not form part of the decision. ]An item on Story reported that Auckland purchasers of homes near areas of cultural significance for Māori may need to get consent from iwi before undertaking any structural building work, as part of the Auckland Unitary Plan. As an example of one of the areas of cultural significance, the presenter reported from an empty field, saying, ‘So this is what an area of cultural significance looks like. This is called a midden. . . it’s pretty much a rubbish dump. We looked it up – “midden” is an old Danish word for “domestic rubbish dump”’. The Authority did not uphold a complaint alleging that the item discriminated against and/or denigrated Māori and was unfair....

Decisions
Parlane and Radio New Zealand Ltd - 2017-023 (16 June 2017)
2017-023

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Decisions
Matthewson and NZME Radio Ltd - 2017-060 (21 September 2017)
2017-060

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Richards and MediaWorks TV Ltd - 2019-105 (7 April 2020)
2019-105

The Authority did not uphold a complaint about a promo for Love Island Australia, which was available to view online on ThreeNow. The promo depicted the programme host, Sophie Monk and two others as angels sitting in the clouds. The ‘god of love’, a heart-shaped cloud in the sky, called down to Sophie saying, ‘we need more love’. Sophie responded that she had ‘the perfect place for falling in love… a love island’, in response to which the ‘god of love’ asked, ‘and what about hot bods? ’ The complainant found the promo offensive as he considered it mocked Christianity and Christian beliefs....

Decisions
Māori Television and CanWest RadioWorks Ltd - 2006-056
2006-056

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host made comments about television personality who hosted Anzac Day programme on Māori Television – said she would have been paid “$25,000 or thereabouts” – questioned whether she would have “been allowed to take that lovely piece of greenstone home with her” – host also called Māori Television “disgusting apartheid TV station” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly speculation – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not a “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis headnote does not form part of the decision....

Decisions
Noble and Radio New Zealand Ltd - 2005-001
2005-001

Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – participants discussed a food outlet that had opened in a church – commented “the body of Christ does come with six grams of fat” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – in context, not indecent or in poor taste – not upheld Principle 7 (social responsibility) – item not critical of Christians or Christian practices – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in Off the Wire, broadcast on National Radio on 3 October 2004 at around 3:00 am discussed recent news events, including the opening of a food outlet in a New York church....

Decisions
Hulst and Radio New Zealand Ltd - 2003-024
2003-024

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

Decisions
Zohrab and Television New Zealand Ltd - 1993-041
1993-041

Download a PDF of Decision No. 1993-041:Zohrab and Television New Zealand Ltd - 1993-041 PDF273. 25 KB...

Decisions
Kumar and The Radio Network Ltd - 2014-057
2014-057

Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....

Decisions
Three Complainants and MediaWorks TV Ltd - 2017-100 (18 April 2018)
2017-100

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

Decisions
Beynon and NZME Radio Ltd - 2018-052 (24 August 2018)
2018-052

Summary[This summary does not form part of the decision. ]A complaint about the use of the word ‘gypped’ during a segment of Sarah, Sam and Toni has not been upheld. The Authority found the host’s use of this word on this occasion did not carry any malicious intent and therefore did not reach the threshold required to be considered a breach of the discrimination and denigration standard. While the Authority did not uphold the complaint, they acknowledged that the casual use of this term and its variants may cause offence to some members of the public and noted care is required when using expressions relating to sections of the community....

Decisions
Marshall and Television New Zealand Ltd - 2020-046 (24 August 2020)
2020-046

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that use of the word ‘cunt’ in the New Zealand crime drama series, One Lane Bridge, breached the discrimination and denigration standard. The Authority observed that the standard is not intended to prevent the broadcast of legitimate drama and considered that the threshold for its intervention had not been reached. It determined that use of the word, in its context, did not contain the level of malice or nastiness required to find a breach of the discrimination and denigration standard and did not amount to hate speech or a sustained attack on women as a section of the community. Not Upheld: Discrimination and Denigration...

Decisions
Terry and Television New Zealand Ltd - 1996-031
1996-031

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-031 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Brooke and Radio New Zealand Ltd - 2000-001
2000-001

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Decisions
Busse and Milner Busse and Television New Zealand Ltd - 2012-038
2012-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Pike River Inquiry and new evidence that manager at the mine sent emails about a new job minutes after the explosion – reporter quoted a miner’s mother who had called out, “This is while my boy was dying! Jesus Christ!...

Decisions
Zohrab and TV3 Network Services Ltd - 1993-040
1993-040

Download a PDF of Decision No. 1993-040:Zohrab and TV3 Network Services Ltd - 1993-040 PDF257. 29 KB...

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