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SummaryAbortion was a topic touched on during the talkback programme Banksie on Sunday, broadcast on Radio Pacific between 10:00am – 2:00pm on Sunday 14 April 1996. The host (Hon John Banks MP) described doctors who perform abortions as baby murderers, and claimed that the aborted foetuses were put into the hospital waste disposal systems or in "Kleensaks". Mr Sawyers complained to Radio Pacific Ltd that the "highly emotive" remarks were inaccurate, unbalanced, and unfair to the doctors who carried out abortions. Explaining that the host had been expressing his own strong opinion, that other hosts had different opinions, and that callers were able to present a diversity of views on the subject, Radio Pacific denied that the standards had been contravened. Dissatisfied with Radio Pacific's decision, Mr Sawyers referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

SummaryOn a programme prepared by the NZ Tamil Society and broadcast on Access Radio in Auckland on 11 April 1999, it was announced that Mrs Ramanathan’s nomination to the Executive Committee of the NZ Tamil Society had been rejected. Her nomination would be accepted, the reported added, when she returned some receipt books she had in her possession to the Society’s Treasurer. Mrs Ramanathan complained to Access Community Radio Auckland Inc that the broadcast contained unfounded allegations regarding her honesty and reputation. Access Radio upheld the complaint and arranged for the Tamil Society to broadcast a statement which retracted the allegations and apologised to Mrs Ramanathan . Dissatisfied with the action taken after her complaint had been upheld, Mrs Ramanathan referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – media commentator referred to article in Investigate magazine which raised questions about the sexuality of a public figure – commentator said the named public figure was not a “poof” – allegedly in breach of good taste and decency and denigrated homosexuals FindingsPrinciple 1 (good taste and decency) – subsumed under Principle 7 – denigration of homosexuals was essence of the complaint – not upheld Principle 7 and guideline 7a (denigration) – high threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] Media commentator Phil Wallington reviewed the media on National Radio’s Nine to Noon each week during 2006. On 19 September 2006, he was highly critical of the manner in which the magazine Investigate had raised the issue of the sexuality of a public figure....

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Warning: This decision contains language that some readers may find offensiveSummary[This summary does not form part of the decision. ]During an interview on Breakfast about a proposed cull of Himalayan tahr, the Minister of Conservation, Hon Eugenie Sage, appeared to use the word ‘cunters’ when referring to the educational effort undertaken by tahr hunters. The Authority did not uphold a complaint that the Minister’s use of this word during this interview breached the good taste and decency and discrimination and denigration standards. The use of the word was an accidental slip of the tongue and it was clear that the Minister intended to refer to ‘hunters’ during this section of the interview. The use of the word was not deliberate nor was it used with any malice or invective....

ComplaintTV2 Big Comedy Gala – offensive language – "fuck, shit, motherfucker" – religious skit – denigrated Christians FindingsStandard G2 – stand-up comedy – AO time – preceded by a warning – offensive language used infrequently – not inappropriate in context – no uphold Standard G13 – did not amount to denigration – no uphold This headnote does not form part of the decision. Summary The programme TV2 Big Comedy Gala, featuring stand-up comedians in a night club setting, was broadcast on TV2 at 10. 05pm on 19 May 2001. A M Langford complained to Television New Zealand Ltd, the broadcaster, that some of the language was very offensive, and one skit ridiculed the Christian faith. In reply, TVNZ acknowledged that the broadcast might not have been to everyone’s taste....

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-115 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN AGAINST PORNOGRAPHY (Auckland) Broadcaster MAX TV LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host referred to George Michael as a “homo” – allegedly in breach of discrimination and denigration FindingsStandard 7 (discrimination and denigration) – standard applies to sections of the community – host’s comment did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During The Edge Morning Madhouse programme, broadcast on The Edge on the morning of Friday 5 February 2010, one of the hosts, Dom, had to guess which celebrity his co-host and wife, JJ, would leave him for. Dom’s guess was incorrect, but JJ’s best friend guessed correctly that JJ was thinking of singer George Michael. Dom remarked, “But he’s a homo! ” and JJ responded, “I know he’s gay, but if he went straight I’d so be there”....

ComplaintPaul Holmes Breakfast Show – barrage of jokes against French and German military – racist and offensive Findings Principle 7 and Guideline 7a – no discrimination – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] A barrage of jokes relayed on the Paul Holmes Breakfast Show between 6. 00–8. 30am by its presenter, Paul Holmes, was broadcast on The Radio Network Ltd (TRN) on Friday 14 February 2003. The jokes targetted the French and German military. [2] Sylvia Shepherd complained to TRN, the broadcaster, that the jokes were racist, anti-French and offensive. [3] In response, TRN stated that the jokes, which had previously been published in the Sun newspaper in Britain did not encourage denigration of, or discrimination against, the French and were legitimate examples of humour or satire....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on controversial comments made by the chief executive of the Employers and Manufacturers Association that female workers are less productive because they take sick leave when they are menstruating – media commentator stated “if men had periods there would have been a law passed, there would be a menstruation allowance so that all of you could go home and curl up in a ball once a month” – allegedly in breach of the discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – comment did not encourage denigration of, or discrimination against, men as a section of the community – guideline 7a provides exemption for genuine opinion and legitimate humour – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australian Open Tennis Championships – reporter commented with regard to Serena Williams’ performance, “The American was almost schizophrenic – she hit four double faults in one game, as well as an ace” – allegedly in breach of discrimination and denigration, and accuracy standards Findings Standard 7 (discrimination and denigration) – term “schizophrenic” was used colloquially as an adjective to describe Ms Williams’ sporting performance – comment did not carry any invective or malice – use of the term did not encourage discrimination against, or the denigration of, people with mental illness as a section of the community – not upheld Standard 5 (accuracy) – use of term “schizophrenic” was not a statement of fact – amounted to commentary and was therefore exempt from standards of accuracy under guideline 5a – not upheld This headnote does not form part of the…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – host and panellists discussed coroner’s recommendation – panellist criticised recommendation and stated, “for god’s sake, somebody drown that coroner” – panellist’s comment allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 1 (good taste and decency), Standard 2 (law and order), Standard 5 (accuracy), Standard 6 (fairness), and Standard 7 (discrimination and denigration) – panellist’s comment was a flippant remark used to express his criticism of the coroner’s recommendation – was not intended to be taken literally or as a serious encouragement to commit unlawful acts – comment aimed at coroner in his professional capacity and so was not unfair to him – coroners not a section of the community – comment was opinion and not a factual statement to which standard 5 applied – not…...

Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....

Download a PDF of Decision No. 1993-037:Group Opposed to Advertising of Liquor and TV3 Network Services Ltd - 1993-037 PDF364. 67 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair and denigratoryFindingsPreliminary findings – Authority applied TVNZ v VoTE approach to New Zealand Bill of Rights Act – Authority must consider whether finding a breach of standards would impose unreasonable limitation on free speech Standard 1 (good taste and decency) – contextual factors favour broadcaster – public interest does not require finding a breach of standards simply because broadcasts lampooned Catholicism – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high threshold in light of protection given to satire in 6(g)(iii) – threshold one of vitriol or hate speech – fact that offence caused of itself insufficient to find breach of standard – programmes not realistic as complainant alleged – not upheld Standard 6 (fairness) – satirical programmes would only be unfair in…...

ComplaintHolmes – visual essay on the campaign of Winston Peters MP – suggested supporters were bewildered, bigoted and elderly – unfair FindingsStandard 6, Guideline 6g – elderly as a group not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Aspects of the campaign of the leader of New Zealand First, Winston Peters MP, during the recent general election were dealt with in an item broadcast on Holmes at 7. 00pm on 30 July 2002. Mr Peters was shown campaigning while attending meetings and being questioned on radio and television. [2] Brent Morrissey complained to Television New Zealand Ltd, the broadcaster, that the item portrayed elderly voters as racist and intolerant of immigrants. That stereotype, he wrote, was incorrect....