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SummaryHost John Banks described parking wardens as "low lifes" in his programme on Radio Pacific broadcast on 26 August 1999 at about 8. 15am. Adele Baulch complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that as a former parking warden she found the comment objectionable. She sought a public apology from Mr Banks to all parking wardens in New Zealand. The broadcaster responded that no malice had been intended by the remark but admitted that the host’s language had been "a little strong". It apologised for distress caused to the complainant, and declined to uphold the complaint. Dissatisfied with The RadioWorks’ decision, Mrs Baulch 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 declines to uphold the complaint. DecisionThe members of the Authority have read the correspondence which is listed in the Appendix....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about two young people training for the priesthood at a seminary on Ponsonby Road – reporter used phrases “big boss” and “big guy” when referring to God and said “helluva” – allegedly in breach of good taste and decency and denigratory FindingsStandard 1 (good taste and decency) – context – not upheld Standard 6 and guideline 6g (denigration) – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Coast radio station – broadcast of song entitled “Puha and Pākehā” – allegedly encouraged denigration of PākehāFindings Principle 7 and Guideline 7a (denigration) – clearly humorous – not denigratory of Pākehā – not upheld This headnote does not form part of the decision. Broadcast [1] At around 5. 15pm on 5 October 2004, Coast radio station in Auckland broadcast a song entitled “Puha and Pākehā”, recorded by Rod Derrett in the 1960s. [2] The song was a light-hearted tale of Pākehā in early New Zealand being eaten by Māori, and included the following lyrics: I don’t give a hangi for the Treaty of Waitangi, You can’t get fat on that – give me some Puha and Pākehā....

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News at Midday, One News at 4. 30pm, One News at 6pm, One News Tonight – items reported that a former senior manager at Rimutaka Prison had pleaded guilty to growing cannabis for supply to inmates – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – news items employed shorthand to describe Mr Reid’s case – based on summary of facts agreed to by the parties statements were not inaccurate or misleading – not upheld Standard 8 (responsible programming) – news programmes are unclassified – standard not applicable – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community – not upheld This headnote does not form part of the decision....

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

The Authority did not uphold a complaint alleging an item on 1 News about nurses suffering ‘fatigue and burnout’ breached broadcasting standards. The complainant was concerned for an interviewee’s mental wellbeing and the broadcast’s omission of any interview with the interviewee’s employer or discussion of the employer’s accountability for the situation. The Authority found the balance standard did not apply, as no controversial issue was discussed; the issue of current nurse shortages is a fact. In any event, significant perspectives on the issue were broadcast within the (ongoing) period of current interest. The Authority also found the broadcast was materially accurate and unlikely to mislead viewers. The discrimination and denigration standard also did not apply. Not Upheld: Balance, Accuracy, Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 4/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AMBLA (AUSTRALASIAN MAN BOY LOVE ASSOCIATION) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Summary A psychiatrist and the mother of a young person suffering from a mental illness were interviewed by Kim Hill on Nine to Noon broadcast on National Radio on 4 August 1999 beginning at 9. 40am. Mr Boyce complained to Radio New Zealand Ltd that the interview lacked balance because it did not include the point of view of anyone who had been diagnosed as suffering a mental illness. He also complained that, because the mother was identified, her son would also have been identifiable, and it was a breach of the Privacy Act to release his medical details. Mr Boyce argued that the interviewer perpetuated myths and stereotypes about those with mental illness. In its response, RNZ emphasised that the focus of the interview was the availability of treatment for young people suffering mental illness....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-177 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GERALD MOONEN of Lower Hutt Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bro’ Town – characters talked about young boy being a “bastard” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – programme encouraged acceptance of children of single parent families rather than encouraging discrimination against them – legitimate humour and satire – not upheld Standard 1 (good taste and decency) – “bastard” was not used as a swear word – material was acceptable for a PGR-rated comedy programme at 7. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Bro’ Town, an animated comedy chronicling the misadventures of five Auckland teenagers growing up in the imaginary suburb of Morningside, was broadcast on C4 at 7. 30pm on Monday 15 March 2010. Some of the characters were shown talking in a backyard....

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…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item reported on the experience and fears of one woman dealing with her mentally-ill ex-husband – woman described her ex-husband as dangerous – dealt with failures of the mental health system – allegedly in breach of accuracy and discrimination and denigration standards FindingsStandard 5 (accuracy) – woman gave her opinions about her husband, did not make statements of fact about people with bipolar disorder in general – viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – did not encourage discrimination against, or denigration of, people with bipolar disorder or mental illness – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Leighton Smith Show – host discussed verdicts in Urewera Four case – complainant phoned the programme and the host subsequently made comments about “nut bars” in New Zealand – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – unclear which section of the community the complainant considered was denigrated or discriminated against – standard only applies to sections of the community and not to individuals so cannot be considered in relation to the complainant – broadcast did not encourage denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During the Leighton Smith Show, broadcast on the morning of 21 March 2012 on Newstalk ZB, the host discussed the verdicts in the “Urewera Four” case....

Download a PDF of Decision No. 1992-079:Wardlaw and TV3 Network Services Ltd - 1992-079 PDF438. 69 KB...

Summary[This summary does not form part of the decision. ]A complaint about a Newshub item in which the presenter commented, ‘And I thought the only reason we watch Aussie Rules [AFL] was for the short shorts’, has not been upheld by the Authority. The Authority found that the comment, while inappropriate, did not reach the threshold to be considered a serious violation of community norms of good taste and decency. The Authority acknowledged the importance of contextual factors in considering whether the standards have been breached, including the nature of Newshub as an unclassified news programme and audience expectations of the broadcast. The Authority recognised that the statement was not made with malice or nastiness and found the comment did not breach the discrimination and denigration, balance or fairness standards....

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....