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Decisions
Barron and Radio New Zealand Ltd - 2020-171 (25 May 2021)
2020-171

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...

Decisions
Rickard and Radio New Zealand Ltd - 2009-084
2009-084

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – interview with Larry Baldock about the citizens-initiated referendum on smacking – host asked the interviewee a question nine times challenging him to give an answer – host interrupted interviewee on several occasions – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – host played the role of devil’s advocate – significant points of view presented – not upheld Standard 5 (accuracy) – item did not mislead – not upheld Standard 6 (fairness) – interviewee was robustly challenged and given an adequate opportunity to express his views – not upheld Standard 7 (discrimination and denigration) – standard not applicable – not upheld This headnote does not form part of the decision....

Decisions
Watkins and The RadioWorks Ltd - 2000-182–191
2000-182–191

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings (1) 5 August broadcast – no uphold(2) 6 August broadcast – no uphold (3) 7 August broadcast – no uphold (4) 10 August broadcast – reference to wanking unsuitable for children – Principle 7b – uphold (5) 11 August broadcast – discussion with child character about pornography – unsuitable for children – Principle 7b – uphold(6) 21 August broadcast – gratuitous use of "fuck" – Principle 1 – uphold – Principle 7b – unsuitable for children – uphold; discussion about plasticine penis – no uphold; mocking of homosexuals – Principle 1 – uphold;…...

Decisions
Lee and TV3 Network Services Ltd - 1995-160
1995-160

THE BROADCASTING STANDARDS AUTHORITY Decision No: 160/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALICIA LEE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Watts and CanWest RadioWorks Ltd - 2004-105
2004-105

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....

Decisions
Cox and 3 Others and Television New Zealand Ltd - 2006-012
2006-012

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about Muslim outrage caused by cartoons first published in Denmark depicting the prophet Mohammed – item concluded with satirical depiction of Jesus Christ – allegedly in breach of good taste and decency, unbalanced and unfair in that it encouraged the denigration of ChristiansFindingsStandard 1 (good taste and decency) – context – not upheld Standard 4 (balance) – contrast in attitudes to freedom of speech about religious convictions is controversial issue of public importance – dealt with in balanced way in full item – not upheld Standard 6 (fairness) and guideline 6g (denigration) – lampooning of Christians did not amount to blackening of reputation – not upheld Standard 7 (programme classification) – news and current affairs not subject to classification system – warning was broadcast – not upheld Standard 9 (children’s interests) – warning included before current affairs item – not upheldThis headnote…...

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
Sturt and The Radio Network Ltd - 2006-038
2006-038

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Sport – discussion about oil prices – guest referred to “thieving Arab bastards” – allegedly in breach of good taste and decency and denigrated ArabsFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheld Principle 7 and Guideline 7a (denigration) – did not amount to blackening or hate speech – not upheldThis headnote does not form part of the decision. Broadcast [1] During a light-hearted exchange about what he regarded as the exorbitant cost of filling the petrol tank in his car, a guest on Radio Sport used the phrase “thieving Arab bastards”. The comment was broadcast at about 8. 30am on 31 March 2006. Complaint [2] Jack Sturt complained to The Radio Network Ltd, the broadcaster, that the use of the phrase was inexcusable....

Decisions
Yates and The RadioWorks Ltd - 2002-099
2002-099

ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....

Decisions
Bowkett and Discovery NZ Ltd - 2020-103 (21 December 2020)
2020-103

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say? ’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Young and Television New Zealand Ltd - 1991-054
1991-054

Download a PDF of Decision No. 1991-054:Young and Television New Zealand Ltd - 1991-054 PDF399. 53 KB...

Decisions
Swinney and RadioWorks Ltd - 2014-021
2014-021

Leigh Pearson declared a conflict of interest and did not participate in the Authority’s determination of this complaint. Summary [This summary does not form part of the decision. ] Talkback with Sean Plunket contained a discussion about the ‘chemtrails’ theory, in the context of comments made by Colin Craig that the Conservative Party was undecided about the validity of this theory. The Authority did not uphold the complaint that the host inaccurately claimed that chemtrails were not real, and denigrated people who believed in chemtrails by referring to them as ‘nutters’. The programme clearly comprised opinion rather than statements of fact, and people who believe in chemtrails are not a section of the community....

Decisions
Singh and Radio Tarana - 2014-053
2014-053

Mary Anne Shanahan declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]An item on Radio Tarana News reported on District Court proceedings involving the complainant, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased. The Authority did not uphold his complaint that the item was unfair, inaccurate and unbalanced. The item was a straightforward, brief news report, and the complainant’s position was fairly included in the item. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] An item on Radio Tarana News reported on District Court proceedings involving the complainant, Rajesh Singh, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased....

Decisions
Prager and Radio New Zealand Ltd - 2020-033 (28 September 2020)
2020-033

The Authority upheld a complaint that a Checkpoint report summarising the complainant’s submission at a Waitematā local board public meeting was inaccurate and unfair to her. The item reported that ‘the sparks continued to fly when activist Lisa Prager described how she had claimed mana whenua status in her bid to save the trees [on Ōwairaka Mt Albert] but now regrets the move. [One] board member… refused to thank Ms Prager for her submission because, she said, her comments were “a bit racist”. ’ The Authority agreed with Ms Prager that the use of the word ‘regrets’ did not accurately reflect her view expressed at the meeting: “. . . I retire any claim to being mana whenua whatsoever. But I have no regrets in standing up and initiating the conversation. . ....

Decisions
Hay and Access Community Radio Auckland Inc - 1998-072
1998-072

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-072 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HAY of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Phease and Mitchell and TV3 Network Services Ltd - 1997-140–143
1997-140–143

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Greenslade and Discovery NZ Ltd - 2021-105 (10 November 2021)
2021-105

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)...

Decisions
Dobson and Television New Zealand Ltd - 2022-118 (8 February 2023)
2022-118

The Authority has not upheld a complaint two items on 1 News reporting on a political poll and interviewing several New Zealanders on the street breached multiple broadcasting standards. The complainant alleged the proportion of people interviewed was not an accurate or balanced representation of the political mood of the country, which was unfair to political parties, and certain comments constituted discrimination and denigration, or were inaccurate or unfair. The Authority held it was not a breach of broadcasting standards to feature ‘vox-pop’ interviews in proportions that do not match current political polling, and the standards either did not apply or were not breached in relation to other issues raised by the complainant concerning the broadcast. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Voters' Voice Binding Referendum Inc and Television New Zealand Ltd - 1994-016
1994-016

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Dawkins and Television New Zealand Ltd - 1997-188
1997-188

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-188 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET CHAPMAN of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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