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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 59/94 Dated the 2nd day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EXCLUSIVE BRETHREN CHRISTIAN FELLOWSHIP Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

The Authority has not upheld a complaint that an episode of Travel Guides Australia breached the discrimination and denigration standard by featuring one of the show’s participants stating he grew hair quickly due to his ‘wog genetics’. The Authority noted the word ‘wog’ can have different meanings; typically referring to non-white people in British English and to people with Southern European ancestry in Australian English, and that these constituted recognised sections of the community for the purposes of the standard. While the Authority acknowledged the potential harm in the use of the word, in this particular context (being used by someone of Greek heritage to describe themselves), it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: Discrimination and Denigration...

The Authority did not uphold a complaint that a Newshub Live at 6pm report into the crash of China Eastern Flight MU5735 breached the accuracy, fairness, and discrimination and denigration standards. The complaint was in relation to speculation the crash might have been due to a deliberate act from the cockpit. The Authority acknowledged, while the discussion on the recently occurring tragedy may have been distressing to some viewers, the words were clearly stated as commentary, analysis and opinion, rather than fact, and therefore the accuracy standard did not apply. No discrimination or denigration was found, and the fairness standard did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration...

The Authority has not upheld a complaint about a segment of Punjabi talkback programme Dasam Granth Da Sach. During the programme the host made comments about a well-known female Sikh preacher, including that she should marry a Taksali (traditionally trained Sikh) rather than a Jāgaruka (enlightened Sikh), because she supports the ideology of the former, and because husbands ‘in our society’ resort to beating when offended by their wives. The host also used words that can carry sexual connotations but, in the specific context of the broadcast, were unlikely to do so. The Authority acknowledged the potentially offensive nature of the comments to some people, but found overall the potential harm arising was not at a level justifying regulatory intervention or restriction of the broadcaster’s right to freedom of expression on this occasion. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Violence, Privacy, Fairness...

The Authority did not uphold a complaint under the discrimination and denigration standard about a personal anecdote told by Seven Sharp presenter Jeremy Wells, describing the moment ‘Angela D’Audney sat on my desk as a 20-year-old in a leopard-print mini-skirt’. Stumbling over his words, Mr Wells then said, ‘see, it’s got me excited even thinking about it’. The complaint was that Mr Wells: outlined sexually inappropriate conduct against a female coworker; undermined and demeaned his female coworkers; and by saying it on national television, normalised and condoned sexual discrimination in the workplace. The Authority acknowledged Mr Wells’ choice of anecdote was ill-advised and inappropriate and that it may have offended some people. However it emphasised that in itself is not sufficient to find a broadcast encouraged discrimination or denigration. There is a high threshold for finding a breach, in light of the important right to freedom of expression....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

ComplaintPaul Holmes Breakfast on Newstalk ZB – derogatory comment about Catholic Church and the Pope FindingsPrinciple 7 and Guideline 7a – intemperate and populist contribution to global debate – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Referring to some recent publicity about priests who were paedophiles, the host of Paul Holmes Breakfast on Newstalk ZB made some highly critical comments about the Catholic Church and the Pope, including describing the Church as rotten to its core. The comments were broadcast at about 8. 20am on 1 July 2002. [2] Kathleen and Patrick McCartain, and Irene Angus, complained to The Radio Network Ltd (TRN), the broadcaster, that while they accepted critical opinion, they did not accept comments in which their faith and beliefs were "ridiculed so blatantly"....

ComplaintNewstalk ZB – host Larry Williams – guest Michael Laws – New York terrorist attack – President Bush's actions described as pathetic – ignorant and offensive comments FindingsPrinciple 7 – nominated by broadcaster – inappropriate Principle 5 – correct standard – comments not unfair in context – no uphold This headnote does not form part of the decision. Summary [1] The terrorist attack in New York City on 11 September 2001 was the topic discussed on Newstalk ZB between host Larry Williams and commentator Michael Laws at about 6. 20pm on 14 September 2001. During the discussion, Mr Laws described President George Bush’s actions as "pathetic". [2] Murray McEwan complained to The Radio Network Ltd, the broadcaster, that Mr Laws’ comments were "appallingly" ignorant and offensive. He deplored the host’s response who had allowed the guest’s remarks to go unchallenged....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Crowd Goes Wild – host made comments about acclimatising to conditions in India leading up to the Commonwealth Games – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – host’s comments related to conditions in India – comments did not encourage discrimination against, or denigration of, Indian people as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of The Crowd Goes Wild, broadcast on Prime at 7pm on 14 September 2010, an item reported on the Samoan Rugby Sevens team’s training in preparation for the Commonwealth Games in India. Following the item, one of the hosts, Mark Richardson, said to his co-host Andrew Mulligan: I think that’s wonderful, you know, trying to acclimatise by training in the heat....

Download a PDF of Decision No. 1992-021:Wislang and Television New Zealand Ltd - 1992-021 PDF333. 3 KB...

Download a PDF of Decision No. 1992-082:Woolerton and TV3 Network Services Ltd - 1992-082 PDF245. 5 KB...

Summary[This summary does not form part of the decision. ]An item on Checkpoint discussed the return of a child after she went missing off the coast of New Zealand with her father. Extensive media coverage reported that the pair had sailed to Australia on a catamaran and that the family was involved in a custody dispute, with proceedings pending under the Care of Children Act 2004. The item aired after the child had been located and featured an interview with the child’s mother, who discussed her fears for her daughter’s safety, and their reunion. The Authority did not uphold a complaint that this item breached the child’s privacy and treated her unfairly. The information discussed during the interview was in the public domain at the time of broadcast, and the topic was treated sensitively and respectfully by the interviewer....

Summary[This summary does not form part of the decision. ]During a talkback segment on Sportstalk, the host Mark Watson criticised northern hemisphere sports media and the British and Irish Lions rugby team. The host made provocative statements about the Lions team who were at that time touring New Zealand, saying, among other things, ‘hopefully you get smashed’. The host then engaged in a heated discussion with a talkback caller about northern hemisphere rugby and rugby media. The Authority did not uphold a complaint that the host’s comments undermined broadcasting standards. The comments made, while critical and provocative, did not exceed audience expectations within the robust and opinionated environment of talkback radio, and particularly on Radio Sport. The Authority noted that the free and frank expression of opinions is an important aspect of the right to freedom of expression, and is valued in our society....

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/95 Dated the 5th day of October 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 M Potter Chairperson L M Loates R McLeod...

The Authority has upheld a complaint that an episode of The Key of David, which discussed biblical prophecies and recent events as indicating Germans would start World War III, discriminated against and denigrated German people. Noting the repeated descriptions of Germans as ‘war-making’, the strong language (eg ‘hideous beast power from the underground’) and the descriptions of past and anticipated violence, the Authority found the cumulative effect of the comments, in the context, conveyed the high level of condemnation necessary to encourage discrimination or denigration against German people. It also found the comments were capable of embedding negative stereotypes of German people as inherently ‘war-making’ and violent. While acknowledging the standard is not intended to prevent the broadcast of ‘a genuine expression of serious comment, analysis or opinion’, the Authority found the nature of the comments exceeded these boundaries....

The Authority has not upheld a complaint about an item on 1 News focusing on social-media-based misinformation, which included brief footage of an unnamed individual displaying what appeared to be convulsions in a wheelchair, and other social media material featuring influencer Chantelle Baker. The complainant argued the item reflected poorly on these individuals as it implied both were ‘spreaders of misinformation’ and, in the unnamed person’s case, ‘strongly inferred’ their injuries were not vaccine-related. The Authority did not consider the item resulted in either individual being treated unfairly, in the context of the item. The remaining standards either did not apply or were not breached. Not Upheld: Fairness, Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy...

A complaint regarding a comment made by radio host Chris Lynch in relation to a news report that Whakaari was going to receive a blessing in the wake of the fatal volcanic eruption has not been upheld. The Authority found that considering the relevant contextual factors, Mr Lynch’s comment ‘because that’s going to change everything isn’t it? ’ was unlikely to cause widespread undue offence or distress. The Authority also noted that, while the comment had the potential to offend some listeners, comments will not breach the discrimination and denigration standard simply because they are critical of a particular group, because they offend people, or because they are rude. Not Upheld: Good Taste and Decency, Discrimination and Denigration...