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The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny & Jacqui – during live broadcast from Riccarton Park Racecourse one host said to her co-hosts, “I know you haven’t put any bets on because you’re both Jews” – allegedly in breach of discrimination and denigration standardFindingsStandard 7 (discrimination and denigration) – comment was ignorant and perpetuated stereotypes but did not reach the high threshold necessary for encouraging the denigration of, or discrimination against, Jewish people as a section of the community – not upheldThis headnote does not form part of the decision. Introduction[1] During the ZM drive show, Jay, Flynny & Jacqui, broadcast live from Cup Day at Riccarton Park Racecourse in Christchurch, one of the hosts said to her co-hosts, “You’ve obviously watched the race. I know you haven’t put any bets on because you’re both Jews”. The show was broadcast on ZM on 13 November 2012....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – Larry Williams Breakfast Show – three-way discussion between host and two guests about Tuvaluan overstayer recently convicted of assaulting his wife for second time – guest made comment purporting to justify violence against women – allegedly in breach of good taste and decency – allegedly denigratory of women Findings Principle 1 (good taste and decency) – in context, no obscene language or content – not upheld Principle 7 (social responsibility) – Guideline 7a (denigration) – taken in isolation comments offensive – but in context, comments clearly not meant to be taken at face value – not upheld This headnote does not form part of the decision....
The Authority has not upheld a complaint about a ‘crude’ and ‘insulting’ remark made on Heather du Plessis-Allan Drive. The host asked whether Dr Ashley Bloomfield’s ‘sphincter just [tightened]’ to indicate her belief that Dr Bloomfield might be concerned about the results of the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the host’s comment was unlikely to disproportionately offend or disturb the audience. The threshold for finding a breach of the fairness standard is higher in relation to public figures, and the remark did not meet this threshold. The remaining standards did not apply. Not Upheld: Offensive and Disturbing Content, Fairness, Discrimination and Denigration, Balance...
ComplaintRadio Pacific – Morning Grill – offensive remarks about the Queen FindingsPrinciple 1 – contextual matters – no uphold Principle 7 – no denigration or discrimination – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] On the Morning Grill programme broadcast by Radio Pacific on 2 August 2002 at approximately 6. 04am, the presenters (Pam Corkery and Paul Henry) discussed the Queen’s recent visit to a mosque in Britain. The presenters focused on the fact that entry into the mosque required the Queen to remove her shoes. [2] H B McMeekin complained to The RadioWorks Ltd, the broadcaster, that the presenters’ comments were "insulting, gratuitous, and ageist". [3] In declining to uphold the complaint, the broadcaster submitted that the comments complained about were "lighthearted and were not intended to be offensive....
Summary [This summary does not form part of the decision. ]An item on 3 News: Firstline reported on the Westminster Dog Show. In response to a question whether there was a Pit Bull division in the competition, one of the presenters commented, ‘I highly doubt it. Imagine what their owners would look like. ’ The Authority did not uphold the complaint that the comment was highly offensive to, and denigrated, Pit Bull owners. Pit Bull owners are not a section of the community, and the comment was clearly an off-the-cuff, light-hearted joke delivered without invective. Not Upheld: Discrimination and DenigrationIntroduction[1] 3 News: Firstline contained a pre-recorded item on the Westminster Dog Show, broadcast on 12 February 2014 on TV3. Following the item, the presenters commented: Presenter 1: Do you think they have a Pit Bull division to these competitions? Presenter 2: I highly doubt it....
Summary[This summary does not form part of the decision. ]An interview was broadcast on Saturday Morning with a British comedy writer and producer. Following a discussion about causing offence to audiences, the interviewee recalled his time as a radio host and a complaint he received from the Bishop of Oxford about a crucifixion joke. He could not remember the joke, and the presenter invited listeners to ‘. . . send in a series of very funny jokes about the crucifixion to see if we can approximate it’. The Authority did not uphold a complaint that the presenter’s remark was against common decency and offensive to Christians. The remark was not intended to trivialise or make light of the act of crucifixion or the crucifixion of Jesus Christ, and did not reach the threshold necessary to encourage discrimination against, or denigration of, the Christian community....
During a segment on The AM Show that discussed immigration to New Zealand host Mark Richardson said: ‘we’re clearly not getting enough English immigrants to become traffic officers’. The Authority did not uphold a complaint that Mr Richardson’s comment was discriminatory to nationalities that are ‘not English’ in breach of the discrimination and denigration standard. The Authority found the complainant did not identify a ‘section of the community’ for the purposes of the standard. The Authority also found that, considering audience expectations of The AM Show and Mr Richardson, the light-hearted nature of the comment and other contextual factors, the comment did not reach the threshold required to be considered discriminatory or denigratory. Not Upheld: Discrimination and denigration...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 13/95 Dated the 9th day of March 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN KIRBY of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...
THE BROADCASTING STANDARDS AUTHORITY Decision No: 160/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALICIA LEE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Nelson Newstalk ZB interview following local body elections – Mayor of Nelson commented on his lessened majority – stated that Grey Power had been “hijacked” by members of his opponent’s team – allegedly unbalanced, unfair, inaccurate and encouraged denigration Findings Principle 4 (balance) – no controversial issue of public importance – not upheld Principle 5 (fairness) – no persons treated unfairly – not upheld Principle 6 (accuracy) – expression of opinion – standard does not apply – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – expression of opinion – standard does not apply – not upheld This headnote does not form part of the decision. Broadcast [1] A broadcast on Nelson Newstalk ZB on 11 October 2004 at around 11. 30am featured an interview with the winning Mayors of Nelson (Paul Matheson) and Tasman (John Hurley)....
ComplaintNewstalk ZB – Paul Holmes Breakfast – Advertising Standards Complaints Board upheld a complaint about a Levi jeans advertisement – host critical of what he regarded as religious bigotry – socially irresponsible – unbalanced – inaccurate FindingsPrinciple 4 – not applicable – no uphold Principle 6 – not applicable – no uphold Principle 7 – satire – no uphold This headnote does not form part of the decision. Summary [1] Paul Holmes, as the host of Paul Holmes Breakfast on Newstalk ZB, was highly critical of religious bigotry which, he contended, was the motivation for some people to complain about a television advertisement for Levi jeans. He expressed the view, by way of comment, in a broadcast shortly before 8. 00am on 27 August 2003. [2] Ross Craig complained to The Radio Network Ltd, the broadcaster, that the comments lacked balance, fairness and accuracy....
ComplaintMotorway Patrol and promo – incident involving the complainants’ vehicle – complainants identifiable – breach of privacy – unfair – encouraged discrimination FindingsStandards 3 – privacy – no uphold Standard 6, Guideline 6b – not unfair to inadvertent participants who do not consent as events of public interest occurred in public place – no uphold, Guideline 6f – humiliation self-inflicted – no uphold, Guideline 6g – neither discrimination or denigration encouraged – no uphold This headnote does not form part of the decision. Summary [1] The loss of a trampoline off the roof of a vehicle as it drove across the Auckland Harbour Bridge was the incident dealt with in a promo for, and in the first segment of, Motorway Patrol broadcast on TV2 at 7. 30pm on 11 April 2002. Motorway Patrol is a reality series which records the work of police patrols on the Auckland motorways....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – included discussion on a study which showed a link between domestic violence and animal abuse – host made a number of comments that were critical of the women who took part in the study and of women who stayed in violent relationships because of their pets – for example, he said that they were “morons”, “probably deserved to be abused”, and were “born sub-normal” – host made comments that were critical of the White Ribbon campaign – allegedly in breach of good taste and decency, accuracy, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – talkback is a robust and opinionated environment – host’s approach could be considered offensive and provocative but was for effect and to generate a response – overall, programmes were balanced – contextual factors – not upheld Standard 7 (discrimination and denigration) –…...
ComplaintRadio Pacific talkback – (1) racist remarks – offensive language; (2) denigrated Maori FindingsNo tape provided – unable to determine complaint on merits Principle 8 – relevantOrderCosts of $250 to the complainant This headnote does not form part of the decision. Summary Talkback host John Banks was reported to have made critical references to the contribution by Maori to the millennium celebrations in New Zealand in a programme broadcast on Radio Pacific on 17 January 2000 between 8. 15–8. 50am. Hohepa Campbell complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the host’s comments were offensive and anti-Maori and incited racial disharmony. As he did not receive a response from The RadioWorks within the statutory time frame, he referred the matter to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....
ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings (1) 5 August broadcast – no uphold(2) 6 August broadcast – no uphold (3) 7 August broadcast – no uphold (4) 10 August broadcast – reference to wanking unsuitable for children – Principle 7b – uphold (5) 11 August broadcast – discussion with child character about pornography – unsuitable for children – Principle 7b – uphold(6) 21 August broadcast – gratuitous use of "fuck" – Principle 1 – uphold – Principle 7b – unsuitable for children – uphold; discussion about plasticine penis – no uphold; mocking of homosexuals – Principle 1 – uphold;…...
Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...
Complaint under section 8(1C) of the Broadcasting Act 1989The Crowd Goes Wild – presenter made remark about a man with red hair who was attempting to set a new world record for juggling a soccer ball with his feet – allegedly in breach of the discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – people with red hair not a “section of the community” protected under Standard 7 – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of The Crowd Goes Wild, a comedic sports news programme, was broadcast on Prime TV at 7pm on Wednesday 27 January 2010. Towards the end of the programme, the presenters reported on an English man and world record holder who was attempting to set a new world record for juggling a soccer ball with his feet while walking 31 miles....
Complaint under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989One News – two items covering the murder trial of Clayton Weatherston – first item contained footage of Mr Weatherston in court describing his attack – second item included the prosecutor saying the word “fucking” three times – allegedly in breach of good taste and decency, fairness, discrimination and denigration, responsible programming, children’s interests and violence standards Findings13 July item Standard 1 (good taste and decency) – details of attack given by Mr Weatherston were explicit – item should have been preceded by a warning – upheld Standard 9 (children’s interests) – item should have been preceded by a warning – broadcast during children’s normally accepted viewing times – broadcaster did not adequately consider the interests of child viewers – upheld Standard 10 (violence) – item contained explicit details of violence – broadcaster did not exercise sufficient care and discretion – upheld Standard 6 (fairness)…...