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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-058 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DR GLYN THOMAS of Palmerston North TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

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....

Leigh Pearson 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. ]Talkback radio host Sean Plunket reacted to author Eleanor Catton's comments at a literary festival in India, which were negative about the New Zealand government. He was highly critical of Ms Catton, saying that she was a 'traitor' and an 'ungrateful hua' among other things. The Authority did not uphold complaints that Mr Plunket's comments breached broadcasting standards. The nature of Ms Catton's remarks was such that it was reasonable for them to attract some strong views in response. The host's comments were within the bounds of audience expectations of talkback radio and within the right to freedom of expression....

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....

ComplaintHolmes – host referred to the WestpacTrust Stadium as the "cake tin" – derogatory phrase – offensive FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The WestpacTrust Stadium in Wellington was referred to as the "cake tin" by the host (Susan Wood) in an item broadcast on Holmes at 7. 00pm on 7 February 2003. [2] John McLellan complained to Television New Zealand Ltd, the broadcaster, that the reference was "derogatory". [3] When the broadcaster failed to respond to his formal complaint, Mr McLellan referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. [4] In its response to the Authority, TVNZ argued that the matter did not raise an issue of broadcasting standards....

Summary[This summary does not form part of the decision. ]ONE News reported on the recent death of a woman in Remuera and said her alleged attacker (who had name suppression) had appeared in the Auckland District Court that day. The reporter described the alleged attacker as a ‘24-year-old Pacific Island man’. The Authority did not uphold a complaint that the reference to the alleged attacker’s race was offensive and racist. The Authority acknowledged that the reporter’s commentary, which included racial identification, could be seen as unnecessary given that the ethnicity of the alleged attacker was no longer critical following his arrest. However, the reporter’s description of the man was factual, and the comments did not reach the high threshold for finding that the item encouraged discrimination against, or denigration of, Pacific Islanders as a section of the community....

The Authority did not uphold a complaint that a spoof of OMC hit song ‘How Bizarre’, in which the singer mimicked the original artist’s accent, breached the discrimination and denigration standard. The Authority found the accent used was an attempt to imitate the distinctive singing voice of Mr Fuemana and sound of ‘How Bizarre’, in the spirit of spoofing the song itself, rather than an attempt to imitate a specifically Māori or Pacific Island English accent. It did not encourage discrimination against or denigration of Māori or Pacific Islanders. Not Upheld: Discrimination and Denigration...

The Authority did not uphold a complaint about an item on Morning Report discussing data showing Wellington to have the highest assault and sexual assault rates. Discussing the causes for this, the interviewer posed the question: ‘Do we have a problem with masculinity here? ’ and a discussion followed regarding the potential contribution of ‘toxic masculinity’ to Wellington’s crime rate. The Authority found the term did not carry the derogatory connotations suggested and the item did not contain the high level of condemnation or malice towards men required to contravene the standard. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that a news item on Newshub Live at 6pm was insensitive and encouraged the denigration of Christians. The item covered the controversy around an Australian advertisement, which featured two Roman soldiers asking Jesus on the cross to consent to organ donation via an app. The Authority found that while the advertisement made light of the crucifixion, the news item itself was a balanced discussion of the controversy that did not contain any statements encouraging the denigration of, or discrimination against, Christians.   Not Upheld: Discrimination and Denigration...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item about strip club contained brief footage of woman wearing a G-string dancing erotically on a pole – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – footage was very brief and had some relevance to the subject matter – programme was broadcast more than two hours after the Adults Only watershed – majority of viewers would not have been offended in this context – not upheld This headnote does not form part of the decision. Introduction [1] An item on Nightline followed up an earlier report on a “strip club turf war” in Wellington involving opposition from strip club operators and the police to a new entrant to the city’s entertainment area....

Summary[This summary does not form part of the decision. ]Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel's arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel's treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly....

Summary[This summary does not form part of the decision. ]A complaint about comments, made by contestants about a landscaper during an episode of The Block, was not upheld. During the episode, a new landscaper started work on the property of contestants, Chlo and Em. Em referred to the landscaper and said, ‘Who’s that new meat on The Block? Come over. ’ Chlo then said ‘Some fresh meat for Em’. The complainant submitted the references to the landscaper as ‘meat’ were sexist, unacceptable and amounted to sexual harassment. The Authority highlighted the importance of context when considering whether comments of a sexual nature have breached broadcasting standards. The Authority noted that, in some contexts, these comments could be considered to be inappropriate. In this case, however, the comments did not go beyond audience expectations of The Block....

An appeal against this decision was dismissed in the High Court: CIV-2017-485-71. 12 MBSummary[This summary does not form part of the decision. ]An item on Paul Henry about Independence Day celebrations in the USA featured an interview with the USA’s Ambassador to New Zealand. Prior to the interview, Paul Henry referred to the USA claiming ‘its independence from England’. He later quoted Margaret Thatcher, referring to her as the ‘Prime Minister of England’. The Authority did not uphold a complaint that Mr Henry’s statements were inaccurate and discriminatory in that he should have referred to Great Britain or the United Kingdom, rather than England. The item was focused primarily on Independence Day celebrations and the statements would not have affected viewers’ understanding of the item as a whole....

Complaint under section 8(1C) of the Broadcasting Act 19893 News: Firstline – newsreader interviewed a representative of the 'Occupy Wellington' protest movement – allegedly in breach of standards relating to accuracy, fairness, discrimination and denigration FindingsStandard 6 (fairness) – newsreader’s approach challenging but not unfair – interviewee adequately expressed his viewpoint and defended the position of the protestors – interviewee not treated unfairly – not upheld Standard 5 (accuracy) – newsreader’s comments did not amount to points of fact – interviewee’s perspective included so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – comments did not carry the necessary invective to encourage discrimination or denigration against the protestors as a section of the community – not upheld This headnote does not form part of the decision....

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...

The Authority did not uphold a complaint alleging an item on 1 News about nurses suffering ‘fatigue and burnout’ breached broadcasting standards. The complainant was concerned for an interviewee’s mental wellbeing and the broadcast’s omission of any interview with the interviewee’s employer or discussion of the employer’s accountability for the situation. The Authority found the balance standard did not apply, as no controversial issue was discussed; the issue of current nurse shortages is a fact. In any event, significant perspectives on the issue were broadcast within the (ongoing) period of current interest. The Authority also found the broadcast was materially accurate and unlikely to mislead viewers. The discrimination and denigration standard also did not apply. Not Upheld: Balance, Accuracy, Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-092 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBITA JOHNSTON of Tauranga Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

SummaryAn item on 3 News, broadcast on TV3 on 17 February 1999 commencing at 6. 00 pm, focused on a family’s disagreement over the costs of returning a dead woman’s body to her family in the Philippines, after the deaths of the woman and her husband in a car accident. The woman was described in the item as a "mail-order bride". The term "mail-order brides" was used on several occasions during the broadcast to refer to other women members of the Philippines community in Invercargill. Mr Hildreth complained to TV3 Network Services Ltd, the broadcaster, that the description "mail-order brides" demeaned the Filipino women shown in the item, and was offensive to women of that nationality, who had entered New Zealand as the wives of New Zealanders....