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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 78/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INCORPORATED of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INCORPORATED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Tapu Misa declared a conflict of interest and declined to take part in the determination of this complaint. Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about two young people training for the priesthood at a seminary on Ponsonby Road – reporter used phrases “big boss” and “big guy” when referring to God and said “helluva” – allegedly in breach of good taste and decency and denigratory FindingsStandard 1 (good taste and decency) – context – not upheld Standard 6 and guideline 6g (denigration) – item did not encourage denigration of Christians – not upheldThis headnote does not form part of the decision....

The Authority has not upheld a complaint under the discrimination and denigration, and fairness standards about an interviewee saying, on Midday Report, Foreign Affairs Minister Rt Hon Winston Peters was ‘touching himself instead of doing a real job of caring for New Zealanders in difficulty’. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority found the brief comment would not have left listeners with an unfairly negative impression of Peters. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Fairness...

The Authority has declined to determine a complaint that 1News’ ANZAC Day bulletin, which included coverage of Māori soldiers, the 28th Māori Battalion and a pre-recorded story by 1News’ Māori Affairs Correspondent, breached the discrimination and denigration, balance and fairness standards. The Authority considered the relevant content appropriate to the context of the broadcast, which marked the first ANZAC Day without a surviving member of the 28th Māori Battalion. It also found the complaint reflected the complainant’s own personal preferences on a matter for the broadcaster’s editorial discretion and did not raise any issues of broadcasting standards that warranted determination. Declined to determine (section 11(b), Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined): Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld complaints about a press conference by Prime Minister Jacinda Ardern and comments by Professor Michael Baker regarding restrictions for persons who do not have a COVID-19 vaccination. It found the discrimination and denigration standard did not apply to either broadcast and the balance and law and order complaints were not upheld in respect of the second complaint. The interview with Professor Baker was clearly signalled as approaching the issue from his perspective and there has been widespread discussion in other media about whether restrictions on people that are unvaccinated are justified. The Authority found listeners were in a position to arrive at informed and reasoned opinions regarding this issue. It also found the broadcast did not encourage any illegal or antisocial activity. Not Upheld: Law and Order, Discrimination and Denigration, Balance...

The Authority has not upheld a complaint that a comment made during live coverage of a Black Caps cricket match breached the discrimination and denigration standard for ridiculing mental health/illness – and, by extension, people with mental illness. Commentator Scotty Stevenson said, ‘Built on the site of a former asylum, Otago Boys’ High School. Having met some of the old boys, don't think much has changed. ’ The Authority recognised that while some may view the comment as insensitive and inappropriate, the comment did not reach the high threshold required to constitute a breach of the standard. The broadcast was unlikely to encourage the different treatment of those with mental illness to their detriment, nor devalue their reputation. Not Upheld: Discrimination and Denigration...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Simulcast by broadcasters of the Good Vibrations Carnival at Cooper’s Beach between 1pm and 5pm Saturday 15 April 2006 – carnival organised as community response to Dr Neil Benson’s plan to open a brothel at Cooper’s Beach – broadcast included comments critical of brothel proposal and extracts critical of the proposal from the meeting at Mangonui Town Hall organised to discuss brothel proposal – broadcasts allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsDoubtless Bay Family RadioPrinciple 3 (privacy) – no private facts disclosed – not upheldPrinciple 4 (balance) – approach taken in broadcast clearly explained and reasonable opportunities given for other significant points of view – not upheldPrinciple 5 (fairness) – Bensons not dealt with unfairly – not upheldPrinciple 6 (accuracy) – no inaccuracies – not upheldPrinciple 7 (social responsibility) – brothel owners not denigrated or discriminated against – not upheldFar…...

Summary A character, "Xerox – Warrior Prince", in the "Serial Stuff" series in What Now, was portrayed eating some oversized food items. He also made some enthusiastic comments about food in skits in which he appeared. The actor who played the character had a larger build than the other actors. The programme was broadcast on TV2 on 14 March 1999, commencing at 8. 00 am. Mrs Edwards complained to Television New Zealand Limited, the broadcaster, that the character perpetuated the stereotype that people who are above "normal weight" were like that because they ate too much. "Fat phobia" could be reinforced in children’s minds, she wrote, and could lead to bulimia or anorexia. TVNZ responded that the effect of the "Billy Bunter type character" was to lampoon such stereotyping. The acting was exaggerated, it wrote, to show how silly pre-conceived ideas about types of people can be....

ComplaintHolmes – studio discussion about Police Education Child Protection Scheme – bullying tactics – unbalanced – biased FindingsStandards G3, G4 and G6 – interviewee given opportunity to voice concerns – dealt with fairly – issue not dealt with in unbalanced manner – no uphold Standard G13 – not relevant This headnote does not form part of the decision. Summary A studio discussion on the Holmes programme, broadcast on TV One at 7. 00pm on 14 November 2000, centred around the controversial Police Education Child Protection Scheme. The scheme encouraged schools to teach even their youngest pupils the names of intimate body parts, and aimed to assist children to talk unashamedly about issues such as unwanted touching. W T Lewis complained to Television New Zealand Ltd, the broadcaster, that the programme was "offensive and biased" because the presenter had "verbally bullied" one of the participants in the studio discussion....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nine to Noon – discussion between commentators about New Zealand’s change in government – one commentator recalled overhearing a conversation at Auckland Airport in which a man told some tourists that the former Prime Minister was a lesbian – allegedly in breach of good taste and decency, accuracy and discrimination and denigration Findings Standard 1 (good taste and decency) – comments were intended to be humorous and ironic – contextual factors – not upheld Standard 5 (accuracy) – programme not a news, current affairs or factual programme to which the accuracy standard applied – not upheld Standard 7 (discrimination and denigration) – comments related to an individual, not to a section of the community – not upheld This headnote does not form part of the decision....

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SummaryIn an item on Morning Report broadcast on 12 August at 7. 28am, the presenter suggested to an investment advisor, when he was interviewed about the possible sale of the Wellington Airport, that potential buyers would "have to be blind" to think the sale was not a political minefield. Mr Mosen complained to Radio New Zealand Ltd that he, as a blind person, found the comment highly offensive, as it equated blindness with stupidity. He maintained that it was distressing and unhelpful to have ignorant and inaccurate perceptions about blindness reflected by a current affairs presenter. He sought an apology. RNZ defended the use of the phrase which it asserted was used in a colloquial sense and also a metaphorical sense, and maintained that the meaning of the figurative use was perfectly clear....

Download a PDF of Decision No. 1991-050:Wardlaw and Television New Zealand - 1991-050 PDF632. 24 KB...

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....

SummaryHost John Banks described parking wardens as "low lifes" in his programme on Radio Pacific broadcast on 26 August 1999 at about 8. 15am. Adele Baulch complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that as a former parking warden she found the comment objectionable. She sought a public apology from Mr Banks to all parking wardens in New Zealand. The broadcaster responded that no malice had been intended by the remark but admitted that the host’s language had been "a little strong". It apologised for distress caused to the complainant, and declined to uphold the complaint. Dissatisfied with The RadioWorks’ decision, Mrs Baulch referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have read the correspondence which is listed in the Appendix....

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Summary [This summary does not form part of the decision. ] During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Download a PDF of Decision No. 1992-014:Wardlaw and Television New Zealand Ltd - 1992-014 PDF369. 17 KB...