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Download a PDF of Decision No. 1992-008:Cook Islands Pearls Ltd and TV3 Network Services Ltd - 1992-008 PDF982. 08 KB...

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

ComplaintRadio Pacific talkback – John Banks – critical of Italian team at America’s Cup – greasy Italians – unfair – offensive language – discriminatory – incomplete tape FindingsPrinciple 1 – offensive – uphold Principle 7 – no uphold OrderCosts to the Crown in the sum of $1000 This headnote does not form part of the decision. Summary During his talkback programme broadcast between 6. 00–9. 00am on 23 February 2000 on Radio Pacific, host John Banks referred to an incident which had occurred in the America’s Cup race the previous day when the Italian challenger had experienced a number of mishaps and a crew member suffered a head injury. Among other things, he was said to have described the team as "greasy Italians who should be sunk to the bottom of the Waitemata Harbour....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – item about the employment of disabled person – employer told of physical disability only – employee had mental health disability as well – disruption of staff – employer believed that she should have been told of mental health disability – allegedly discriminated against mentally disabledFindings Standard 6 and Guideline 6g (discrimination) – item focused on specific employee and presenter’s comment on specific employer – not upheld This headnote does not form part of the decision. Broadcast [1] The disruption caused by an employee with a mental health disability was recounted by a Nelson hairdresser in an item on Holmes broadcast on TV One at 7. 00pm on 21 June 2004....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item used the word “gay” in the context of reporting on influx of homosexual couples from Australia getting married in New Zealand as civil unions are not legally recognised in Australia – allegedly in breach of controversial issues, accuracy, fairness and discrimination and denigration standards Findings Standard 7 (discrimination and denigration), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness) – “gay” is a commonly accepted and widely used term for homosexuals – complaint frivolous and trivial – decline to determine in accordance with section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....

Summary[This summary does not form part of the decision. ]The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, '[O]bviously as he's speaking in Māori, in te reo, and the vast majority of us aren't going to understand that. . . let's go back to David Cunliffe. . . ' and the broadcast crossed to Mr Cunliffe's speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event....

Summary[This summary does not form part of the decision. ]During Jeremy Wells' 'Like Mike' skit on the Hauraki Breakfast show, in which he parodied radio and television presenter Mike Hosking, Mr Wells made various comments about Māori people and Stewart Islanders. The Authority did not uphold a complaint that the comments were racist, offensive and degraded Māori and Stewart Islanders. The item was clearly satirical and intended to be humorous, and was consistent with audience expectations of the programme and the radio station. As satire, the item did not encourage discrimination against, or denigration of, Māori or Stewart Islanders and this form of speech is a legitimate and important exercise of the right to freedom of expression....

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9. 30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants....

The Authority has not upheld a complaint about an episode of Saturday Morning, in which host Kim Hill interviewed physician journalist and COVID-19 expert Dr Norman Swan. The complaint was that Dr Swan’s comments distinguishing between Long-Haul COVID-19 and Chronic Fatigue Syndrome normalised stigmatisation of the latter and breached the discrimination and denigration standard. The Authority acknowledged the complainant’s concerns, but found the comments did not reach the high threshold of harm that justifies restricting freedom of expression under the standard. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that an interview on Morning Report with the new leader of the National Party, Christopher Luxon MP breached the discrimination and denigration standard. During the interview, Luxon was asked questions around his Christian beliefs and the impact of these beliefs on his political views on abortion, euthanasia and same-sex marriage. The Authority was satisfied the interview did not contain anything that encouraged discrimination against, or denigration of, people of Christian faith. Not Upheld: Discrimination and Denigration...

The Authority declined to determine a complaint about the use of te reo Māori across a number of TVNZ broadcasts. Te reo Māori is an official New Zealand language. Its use is a matter of editorial discretion appropriately determined by broadcasters. The Authority declined to determine the complaint because the use of te reo Māori does not raise any issue of broadcasting standards. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration, Fairness...

Download a PDF of Decision No. 1992-063:Smits and Radio New Zealand Ltd - 1992-063 PDF (366. 06 KB)...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-045 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTH AUCKLAND MUSLIM ASSOCIATION INCORPORATED Broadcaster RADIO PACIFIC LIMITED S R Maling (Chairperson) L M Loates R McLeod J Withers...

The Authority has issued a split decision in relation to the broadcast of a 14-year-old episode of Intrepid Journeys on Whakaata Māori. The broadcast contained the statement that staff at a Pakistani bakery were ‘working like n*****s out the back’. The complainant submitted that this phrase, and others in the broadcast, were discriminatory and denigrated the local people. Noting the age of the programme, the style of humour and audience expectations of the programme, and the lack of malice in the statements, the Authority unanimously declined to uphold the complaint in relation to most of the statements complained about. However, the Authority was split on its decision in relation to the use of the ‘n-word’. The majority upheld the complaint, finding the use of the ‘n-word’ was derogatory, evoked prejudice, and was capable of embedding negative stereotypes....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 130/95 Dated the 16th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 45/95 Dated the 31st day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SUSAN BATTYE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...