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The Authority has not upheld two complaints regarding an interview of American philosopher and gender theorist Judith Butler by Kim Hill. The interview discussed ‘the debate about who can be classified as a woman’ and used the term ‘TERF’, an acronym meaning trans exclusionary radical feminist, to describe those ‘who oppose transgender as a phenomenon and transgender rights more broadly’, particularly through excluding trans people from women-only spaces. The Authority found the broadcast was not discriminatory towards women and the term ‘TERF’ was used as part of a discussion of the debate and the expression of legitimately held opinion. Not Upheld: Discrimination and Denigration...

In an item about road rage on Seven Sharp, the presenters were discussing slow drivers when Jeremy Wells made the comments ‘grandpa’ and ‘always a grandpa’. Media Matters in NZ complained the comment breached the discrimination and denigration and accuracy standards. The Authority declined to determine the complaint on the basis it was trivial or frivolous. Declined to determine: Discrimination and Denigration, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

The Authority has not upheld a complaint that action taken by Television New Zealand Ltd was insufficient, after the broadcaster upheld a complaint under the accuracy standard about a statement in a 1News bulletin that ‘Israel would withdraw from Gaza’ as part of a peace proposal (when the proposal only contemplated withdrawal from densely populated areas). The Authority agreed with the broadcaster’s decision that the statement was materially inaccurate. However, it found TVNZ had complied with the accuracy standard requirement to correct material errors within a reasonable period by posting correct information on its website, and any potential harm caused by the broadcast was not of a level requiring any further action. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Discrimination and Denigration, Balance, Fairness...

Summary[This summary does not form part of the decision. ]The first segment of The AM Show’s daily panel, featuring panel guests Dr Don Brash and Newshub reporter Wilhelmina Shrimpton, discussed Dr Brash’s views on the use of te reo Māori in New Zealand, specifically in RNZ broadcasting without translation. The Authority did not uphold a complaint that this panel discussion lacked balance and was unfair to Dr Brash. The Authority found that, while the panel discussion was robust and Dr Brash’s opinion was tested by the panel, Dr Brash was given a fair and reasonable opportunity to present his point of view in the time allowed....

In an episode of Rugby Nation, commentator Tony Johnson made a reference to Israel Folau using the phrase ‘the F word’. The Authority has not upheld a complaint that this breached the discrimination and denigration standard. The complainant argued that the broadcast was harmful to Mr and Mrs Folau. However, as two individuals they are not a recognised section of the community as required by the standard. The discrimination and denigration standard therefore did not apply. The Authority declined to imply the good taste and decency or fairness standards into the complaint on the basis that the original complaint did not raise arguments consistent with an alleged breach of those standards. Not Upheld: Discrimination and Denigration...

Summary The fate of money belonging to Holocaust victims but deposited in Swiss bank accounts during World War II was the subject of commentary on "Aspects of Israel" broadcast on Access Radio on 29 June 1997 beginning at 11. 15am. The commentator questioned the honesty of the Swiss in dealing with the money. Mr Carson of Wellington complained to Access Radio, the broadcaster, that the remarks impugned the integrity of the Swiss and, therefore, were offensive and discriminatory. Access Radio responded that the comments related to Swiss banks and bankers, and did not refer to the Swiss as a people. Further, it considered that even if ill will was incited against those bankers who controlled the assets of Holocaust victims, it was unlikely that any of those people were in New Zealand....

ComplaintAlly McBeal – drama – male applicants for law practice required to take off shirts – discrimination against men – sexual harassment in the workplace – inconsistent with maintenance of law and order Findings(1) Standard G13 – no discrimination or denigration – legitimate dramatic work – no uphold (2) Section 4(1)(b) – no uphold This headnote does not form part of the decision. Summary An episode of Ally McBeal was broadcast on TV2 on 5 July 2000 at 8. 30pm. A sequence in the programme featured two women interviewing male applicants for a position in a legal practice. The applicants were asked to remove their shirts during the interview process. S Smith complained to Television New Zealand Ltd, the broadcaster, that the sequence represented "illegal" sexual harassment of the men involved, and encouraged discrimination against men....

ComplaintVoice of Islam – comments about homosexuality and AIDS – discrimination/denigration – incited hatred, intolerance and violence toward homosexualsFindingsStandard 6 and Guideline 6g – hate speech – encouraged discrimination and denigration – upheldNo OrderThis headnote does not form part of the Decision Summary [1] A lecture titled “Challenges Facing Muslims in the New Millennium” was broadcast on Voice of Islam on Triangle Television between 3. 00pm and 4. 00pm on Monday 29 September 2003. [2] Mr Clayton complained to Triangle Television Ltd, the broadcaster, that the programme included comments which incited hatred and intolerance toward homosexuals. [3] Triangle Television maintained that broadcasting standards were not breached, as Standard 6 of the Television Code allowed for the broadcast of “genuinely held opinion”. [4] Dissatisfied with Triangle Television's decision, Mr Clayton referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintNewstalk ZB – Larry Williams Show – political commentator used term “house niggers”– offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....

ComplaintLive to Air: an Election Drama – radio play – National Radio – use of words "God" and "Jesus Christ" as expletives – offensive language – blasphemy FindingsPrinciple 1 – context – no uphold Principle 7 and Guidelines 7a, 7b, 7c, 7d, 7e, 7f – only Guideline 7a relevant – threshold not achieved – no uphold This headnote does not form part of the decision. Summary [1] Live to Air: an Election Drama was the title of a fifty minute-long radio play broadcast on National Radio at 4. 05pm on Sunday 28 July 2002. The dialogue on occasions used the words "God" and "Jesus Christ" as expletives. [2] Stella Anne McArthur complained to Radio New Zealand Ltd, the broadcaster, about the irreverent use of holy names. She described their use as offensive....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

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. ]A participant on 'The Panel' during Afternoons with Jim Mora made comments about men wolf whistling at women, such as 'bring back the wolf whistle', 'a whistle is not harassment', 'a lot of women are the ones that haven't been whistled at, that have got a problem with it' and 'we are the peacocks, you guys are the ones that look at us'. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist's comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards....

Summary[This summary does not form part of the decision. ]A Nine to Noon programme included a segment featuring UK correspondent Dame Ann Leslie. In response to the host’s question ‘What is on your mind this week? ’, Dame Leslie commented on the British Labour Party, its leader Jeremy Corbyn and the Black Lives Matter UK organisation. The Authority did not uphold a complaint that Dame Leslie’s comments constituted an attack on Mr Corbyn, denigrated the BLM UK activists, and were inaccurate and unbalanced. Mr Corbyn and BLM UK were not treated unfairly, as both could reasonably expect to be subject to robust media scrutiny as a consequence of their public profile. While the item was a current affairs piece to which the balance standard applied, the issues were approached from Dame Leslie’s perspective and listeners would not have expected alternative views to be given....

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....

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

The Authority declined to determine a complaint regarding a news item covering animal welfare in rodeos. David Wratt complained that the item, which covered loss of animal life in rodeos, should focus on the deaths of babies as human life is more valuable than animal life. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority.   Declined to Determine: Good Taste and Decency; Programme Information; Discrimination and Denigration; Balance; Fairness...