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Decisions
Kilpatrick and MediaWorks TV Ltd - 2014-105
2014-105

Summary [This summary does not form part of the decision. ] At the conclusion of an interview with a scientist on The Paul Henry Show, Mr Henry asked her, ‘Did you have sex with Richard Branson? ’ The Authority did not uphold the complaint that the question was inappropriate and discriminated against women. It was a provocative remark that was not unduly surprising given Mr Henry’s well-known style. It was also relevant that the scientist herself was apparently not offended and was aware she might be questioned about Mr Branson. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During The Paul Henry Show, Mr Henry interviewed a scientist, Dr Michelle Dickinson, about her research. At the end of the interview he asked about her recent experience staying with Richard Branson, a well-known businessman....

Decisions
Du Fall and The Radio Network Ltd - 2014-055
2014-055

Summary [This summary does not form part of the decision. ] On Newstalk ZB on 2 April 2014, in response to a news item reporting that the average New Zealand woman weighed 72 kilograms, the host Rachel Smalley could be heard, during an advertisement break, referring to these women as ‘heifers’ and ‘a bunch of lardos’. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the comments breached standards of good taste and decency. Size or weight is not one of the specified sections of the community under the discrimination and denigration standard, the comments were off the cuff and not intended for broadcast, and the host and the broadcaster both issued public apologies....

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
Clarke and 4 Others and RadioWorks Ltd - 2010-068
2010-068

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Decisions
Ryan and The RadioWorks Ltd - 2000-025
2000-025

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....

Decisions
Swale and Television New Zealand Ltd - 2003-098
2003-098

ComplaintLexus Sunday Theatre: Hound of the Baskervilles – Promo – Jesus Christ – blasphemy FindingsStandard 1 and Guideline 1a – context – no uphold Standard 6 and Guideline 6a – did not encourage denigration – no uphold This headnote does not form part of the decision. Summary [1] "Jesus Christ" was the phrase uttered by a character shown in the promo for The Hound of the Baskervilles. The promo for the Sherlock Holmes drama, to be screened on "Lexus Sunday Theatre", was broadcast on TV One at about 7. 15pm on 31 May 2003. [2] Evan Swale complained to Television New Zealand Ltd, the broadcaster, that use of the phrase "Jesus Christ" was denigratory, and insulting and offensive. [3] In response, TVNZ acknowledged that the use of the phrase in that way could cause offence to devout Christians....

Decisions
O'Neill and The Radio Network Ltd - 2002-051
2002-051

ComplaintRadio Sport – talkback discussion of South Africa & New Zealand one day cricket match – callers’ questions about match-fixing and bonus point – host terminated one call apparently from an Asian with reference to match-fixing in the sub-continent – another call terminated with sarcasm – unfair – racist FindingsPrinciple 5 – sports talkback is robust – no uphold Principle 7 – opinion not racial slur – no uphold This headnote does not form part of the decision. Summary [1] The result of the previous evening’s one day cricket match between New Zealand and South Africa was one of the topics on Doug Out, a talkback session broadcast on Radio Sport on Saturday morning 2 February 2002 hosted by Doug Golightly. One caller questioned whether the result was fixed, and another asked whether South Africa had earned a bonus point....

Decisions
Wakelin and CanWest Radio NZ Ltd - 2002-115
2002-115

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Decisions
Golden and Radio New Zealand Ltd - 2012-109
2012-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....

Decisions
Burrows and Television New Zealand Ltd - 2012-135
2012-135

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – reported on funding cuts to telephone support service for victims of rape and sexual assault – allegedly in breach of standards relating to controversial issues and discrimination and denigration FindingsStandard 4 (controversial issues) – item focused on funding cuts to service – did not discuss gender of perpetrators and victims of sexual violence so not required to present alternative viewpoints on that issue – not upheld Standard 7 (discrimination and denigration) – no implication that men are the primary perpetrators of sexual violence and women the victims – item did not encourage discrimination against, or the denigration of, men as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Church of Scientology of New Zealand, Frater and Kershaw and TV3 Network Services Ltd - 1993-085, 1993-086, 1993-087
1993-085–087

Download a PDF of Decision No. 1993-085–087:Church of Scientology of New Zealand, Frater and Kershaw and TV3 Network Services Ltd - 1993-085, 1993-086, 1993-087 PDF2. 08 MB...

Decisions
Ouwerkerk and The Radio Network - 2013-032
2013-032

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989D’Arcy Waldegrave Drive – host and producer referred to rugby players as “Jesus” and “God” – allegedly in breach of standards relating to good taste and decency, discrimination and denigration, and responsible programmingFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – use of “Jesus” and “God” to compliment rugby players would not have offended or distressed most listeners in context – comments did not carry any invective and did not encourage the denigration of, or discrimination against, Christians as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During D’Arcy Waldegrave Drive on Radio Sport, the host and producer discussed the selection of the All Blacks training squad, including a rookie, Steven Luatua, who played for the Auckland Blues....

Decisions
Henderson and Television New Zealand Ltd - 2013-053
2013-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenters used the term “anti-gay” to refer to people who opposed same-sex marriage – allegedly in breach of accuracy, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – while use of term “anti-gay” was sloppy, and incorrect when taken in isolation, it was corrected by context of discussion about gay marriage – not upheld Standard 7 (discrimination and denigration) – term “anti-gay” was used in context of discussion about gay marriage and did not carry any malice or invective – did not encourage discrimination or denigration against people opposed to same-sex marriage – not upheld Standard 8 (responsible programming) – viewers would not have been deceived – not upheld This headnote does not form part of the decision....

Decisions
Samuel and Television New Zealand Ltd - 2013-058
2013-058

Summary [This summary does not form part of the decision. ] A One News item reported on a new prenatal test for Down Syndrome. The Authority did not uphold the complaint that the item discriminated against people with Down Syndrome and was unbalanced because it did not show a situation where identifying a baby with Down Syndrome was viewed positively. Comments suggesting that a low probability of having a baby with Down Syndrome was ‘good news’ were clearly the personal opinions of the interviewees and were not endorsed by the programme. The item itself made no judgement about the test or the outcome of testing in terms of whether a foetus diagnosed as having Down Syndrome was a good or a bad thing. The item was squarely focused on the benefits of the new test in that it was more accurate, and less invasive than other procedures....

Decisions
Sharp and Television New Zealand Ltd - 1993-001
1993-001

Download a PDF of Decision No. 1993-001:Sharp and Television New Zealand Ltd - 1993-001 PDF (374. 35 KB)...

Decisions
Kavanagh and Television New Zealand Ltd - 2013-033
2013-033

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – item reported on Labour MP Shane Jones throwing a “Lazarus party” to mark his return to the front bench – presenter commented, “Leaving aside anything about resurrections and dodgy movies in hotels, Shane Jones is actually known for referring to himself in the third person” – presenter’s comment allegedly in breach of good taste and decency, and discrimination and denigration standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration) – presenter did not make any reference to Christ and nothing in the broadcast would have offended or distressed viewers, or encouraged discrimination or denigration against Christians as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Kirby and TV3 Network Services Ltd - 1993-060
1993-060

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Decisions
New Zealand Jewish Council and Radio Pacific Ltd - 1993-066
1993-066

Download a PDF of Decision No. 1993-066: The New Zealand Jewish Council and Radio Pacific Ltd - 1993-066 PDF (515. 53 KB)...

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
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...