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Decisions
Bibby and Television New Zealand Ltd - 2010-062
2010-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Moshims Discount House Ltd and Apna Networks Ltd - 2009-048
2009-048

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

Decisions
Adair and 3 Others and TVWorks Ltd - 2009-138
2009-138

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…...

Decisions
Kirkland and Television New Zealand Ltd - 1999-013
1999-013

Summary An episode of Dharma and Greg was broadcast on TV2 on 14 October 1998 between 7. 30-8. 00pm. A male character described two women as "deaf Cockney humpbacks". Mr Kirkland complained to Television New Zealand Ltd that the portrayal of deaf people in the programme was discriminatory and paternalistic, and perpetuated a stereotypical view about deaf people being stupid. He sought an apology from the broadcaster. TVNZ pointed out that this was a comedy programme in which the two characters regularly assumed character roles. In this case one decided to be a humpback who was hard of hearing while the other adopted a Cockney accent. A male character said to them "Hello deaf Cockney humpbacks". TVNZ said it found nothing in this exchange which suggested that deaf people were intellectually limited, nor anything that would encourage discrimination against deaf people....

Decisions
Credo Society Inc and The Radio Network Ltd - 2000-163
2000-163

ComplaintNewstalk ZB – Leighton Smith – comment on fax received from Credo Society regarding standards in the media – denigrated because of beliefs FindingsPrinciple 5 – not dealt with unfairly – no disrespect shown – no uphold This headnote does not form part of the decision. Summary Parts of a fax from Mrs Barbara Faithfull of the Credo Society Inc were read out by host Leighton Smith on Newstalk ZB on 26 July 2000 at about 8. 48am. The host suggested that there was not a lot of support for her views. Barbara Faithfull, secretary of the Credo Society Inc, complained to The Radio Network Ltd, the broadcaster, about what she called the derisive tone in which her fax had been read. She objected to the host’s failure to refer to some matters she had raised in her faxed letter....

Decisions
Chapman and Television New Zealand Ltd - 1995-035
1995-035

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 35/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET CHAPMAN of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Warnes and Radio Pacific Ltd - 1997-109
1997-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-109 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBIN WARNES of Lower Hutt Broadcaster RADIO PACIFIC LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Hooker, Davey and Jones and Television New Zealand Ltd - 2001-220, 2001-221, 2001-222
2001-220–222

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Decisions
Minchington and Television New Zealand Ltd - 1995-158
1995-158

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Moore and Television New Zealand Ltd - 1997-110
1997-110

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-110 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W M MOORE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Decisions
Durkin and Television New Zealand Ltd - 1999-194
1999-194

Summary Pulsate Wanaka Big Air contained a mix of competition skiing and music. The comment – "I hope he’s not gay" – was made by the presenter in response to being kissed on the top of his head by a competitor. The programme was broadcast on TV2 at 5. 00 pm on 15 August 1999. Ms Durkin complained to Television New Zealand Limited, the broadcaster, that in a programme aimed at the youth market such derogatory comments were irresponsible, reinforced negative stereotypes and created prejudice. TVNZ responded that the programme was presented in a light-hearted fashion and featured exuberant personalities. It was an off-the-cuff joke, it wrote, and was intended to be humorous. While it was sorry Ms Durkin was offended, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Ms Durkin referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Morrill and Television New Zealand Ltd - 1994-039
1994-039

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 39/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M MORRILL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Māori Television and CanWest RadioWorks Ltd - 2006-056
2006-056

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host made comments about television personality who hosted Anzac Day programme on Māori Television – said she would have been paid “$25,000 or thereabouts” – questioned whether she would have “been allowed to take that lovely piece of greenstone home with her” – host also called Māori Television “disgusting apartheid TV station” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly speculation – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not a “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis headnote does not form part of the decision....

Decisions
Berry and Television New Zealand Ltd - 2022-068 (5 October 2022)
2022-068

The Authority has not upheld a complaint about an item on 1 News which reported on Prime Minister Jacinda Ardern’s visit to the United States Congress, where she spoke with lawmakers including Senator Mitt Romney. The complaint alleged the use of the terms ‘Mormon’ and ‘god-fearing and gun-toting’ in the context of comments about Romney breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

Decisions
Schon and Television New Zealand Ltd - 2022-080 (26 October 2022)
2022-080

The Authority has not upheld a complaint that an item on 1 News concerning increased racism experienced by public figures in relation to co-governance issues breached the balance, accuracy and discrimination and denigration standards. The complainant alleged the association of opponents of co-governance with racist abuse was an attempt to paint all opponents as racist and stop debate. The Authority found the broadcast was accurate and the expert featured could reasonably be relied upon, and the balance standard was not applicable. While the complainant was concerned the broadcasts denigrated opponents of co-governance, this group is not a recognised section of society for the purposes of the standard. Not upheld: Accuracy, Balance, Discrimination and Denigration...

Decisions
Chapman and Television New Zealand Ltd - 2022-108 (8 February 2023)
2022-108

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

Decisions
Brennan and TV3 Network Services Ltd - 1995-093
1995-093

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 93/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GERRY BRENNAN of New Plymouth Broadcaster TV3 NETWORK SERVICES LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
de Villiers and Television New Zealand Ltd - 2009-163
2009-163

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Promo for Sunday – previewed item on disputed territory of East Jerusalem – presenter stated, “Sunday travels to Israel to bring you Jew against Arab from a truly unique perspective” – allegedly in breach of controversial issues, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – phrase was a fair summary of the situation featured in the programme – both sides were represented in the promo – did not reach threshold for encouraging discrimination or denigration – not upheld Standard 6 (fairness) – standard applies to individuals not groups – not upheld Standard 4 (controversial issues) – promo did not discuss a controversial issue of public importance – standard not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] A promo for the current affairs programme Sunday was broadcast between 1....

Decisions
McMeekin and The RadioWorks Ltd - 2002-167
2002-167

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....

Decisions
Purchase and Television New Zealand Ltd - 2020-064 (24 November 2020)
2020-064

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

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