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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 145/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NZ MEN'S RIGHTS ASSOCIATION Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 32/94 Dated the 26th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAJIT THEODORE of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

ComplaintRadio Pacific – talkback host's reference to graffiti artists’ attitude to suicide included the words – they "should commit suicide more quickly" – immature – bigoted – offensive FindingsPrinciple 1 and Principle 7 Guideline 7a – no tape – decline to determine Principle 8 – relevant – uphold No Order This headnote does not form part of the decision. Summary [1] Graffiti artists were discussed on talkback broadcast on Radio Pacific at about 4. 15pm on 1 June 2001. In reply to a caller expressing concern about the suicide rate among that group, the host had used words to the effect "it is a pity more of them do not commit suicide more quickly". [2] Alan Royal complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the remark was "immature, bigoted and offensive"....

Complaint under section 8(1)(a) of the Broadcasting Act 1989"Let’s Get Retarded" by Black Eyed Peas – song – allegedly offensive – alleged discrimination against people with disabilitiesFindings Principle 1 (good taste and decency) – context – not upheld Principle 7 (discrimination) – song did not encourage discrimination – not upheldThis headnote does not form part of the decision. Broadcast [1] The song “Let’s Get Retarded” by Black Eyed Peas was broadcast on The Edge at various times between 8. 15am and 10. 12pm between 12 and 24 May 2004. Complaint [2] Gary Watts complained to The Edge about the “offensive and discriminatory” song lyrics. He commented: There is reference to epilepsy and other specific disabilities in this particular song (lyrics) which has seriously upset, offended and adversely affected many people listening to your great radio broadcasts....

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintNewstalk ZB – Paul Holmes Breakfast – host used term “house niggers” – offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no uphold This headnote does not form part of the decision. Summary [1] During an interview with the Prime Minister, Paul Holmes, as the host of the Paul Holmes Breakfast on Newstalk ZB, referred to a comment made by Titewhai Harawira, a Maori political activist. The host said that the Government’s Maori Members of Parliament had been referred to as “house niggers” and asked a question related to the comment. The comment was broadcast at around 7. 40am on 3 September 2003....

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

The Authority has not upheld a complaint that the leaders’ debate between Rt Hon Jacinda Ardern and Hon Judith Collins breached broadcasting standards. The programme carried a high level of public interest. Both debate participants were senior politicians who had a clear understanding of the nature of their participation in the debate and were given fair opportunity to respond to the questions raised. Not Upheld: Discrimination and denigration, Balance, Fairness...

The Authority has not upheld a complaint that two items on 1 News concerning Russia’s invasion of Ukraine breached the balance, accuracy, discrimination and denigration, and fairness standards. The first item reported on possible war crimes committed by Russia in Ukraine, and the second on New Zealand providing further financial and military aid to Ukraine. The Authority found the broadcaster made reasonable efforts to present significant points of view in the items, and the accuracy standard was not breached. While the complainant was concerned the broadcasts discriminated against Russian people, the Authority found the broadcasts did not refer to Russian people generally, and rather referred to the Russian government or its military. The fairness standard did not apply. Not upheld: Balance, Accuracy, Discrimination and Denigration, Fairness...

In an item about road rage on Seven Sharp, the presenters were discussing slow drivers when Jeremy Wells made the comments ‘grandpa’ and ‘always a grandpa’. Media Matters in NZ complained the comment breached the discrimination and denigration and accuracy standards. The Authority declined to determine the complaint on the basis it was trivial or frivolous. Declined to determine: Discrimination and Denigration, Accuracy...

The Authority has not upheld a complaint under the discrimination and denigration and fairness standards about an item on Morning Report. The Authority did not consider referencing the iwi affiliation of the subjects featured in the piece discriminated against or denigrated other New Zealanders stuck in India due to COVID-19 who are not tangata whenua. It also found the complaint did not identify a particular individual or organisation that was alleged to have been treated unfairly in the broadcast, so the fairness standard did not apply. Not Upheld: Discrimination and Denigration and Fairness...

The Authority declined to determine a complaint that The Hui breached the discrimination and denigration standard through its use of te reo Māori without subtitles, and by demonstrating ‘Māori-centric racism’ in its discussion of whether mātauranga Māori should be viewed as science. In all the circumstances, the Authority found the complaint did not raise any issues of broadcasting standards that could properly be determined by its complaints process. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances)...

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....

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

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....

ComplaintNine to Noon – interview with Daniel Goldhagen author of book which suggested Catholic responsibility for the Holocaust – called for annotations to the New Testament – unbalanced – unfair FindingsPrinciple 4 and Principle 5 – author’s opinions challenged by interviewer – discrimination not encouraged – no uphold This headnote does not form part of the decision. Summary [1] Daniel Goldhagen, the author of a book which alleged Catholic complicity in the persecution of Jews during the Second World War, was interviewed on Nine to Noon. This programme is broadcast on National Radio between 9. 00am–12 noon each weekday. Mr Goldhagen called for annotations to the New Testament to mitigate the effect of those passages which he said were offensive to Jews. [2] Colin Wilson complained to Radio New Zealand Ltd, the broadcaster, that the item was unfair and unbalanced....

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

A segment on Magic Afternoons with Leah Panapa and Danny Watson on 1 July 2021 touched on the topic of Jewish people in Hollywood and included the comment ‘Hollywood was run by Jewish people. ’ The broadcaster conceded the comments made by the hosts ‘reflected a trope evoking prejudicial ideas’ and upheld a complaint under the discrimination and denigration standard. The Authority found the comments had the potential to affirm, further embed and spread negative stereotypes, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach. Not Upheld: Discrimination and Denigration (Action Taken)...

The Authority has not upheld a complaint alleging an item on AM breached several standards including accuracy. The broadcast attributed several acts of violence against police, during the February–March 2022 protest and occupation of Parliament grounds, to protesters. The complainant stated there was no evidence the events occurred, and that there was no evidence the violence was caused by protesters. The complainant also submitted the broadcast implied a reporter was ‘manhandled’ on Parliament grounds when in fact she was on Lambton Quay. The Authority found the broadcast was not materially misleading and the broadcaster made reasonable efforts to ensure accuracy. The fairness and discrimination and denigration standards did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...