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A complaint that Malcolm Brenner was treated unfairly when interviewed for a segment on Dom, Meg and Randell about his previous sexual relationship with a dolphin has been upheld. MediaWorks interviewed Mr Brenner about his relationship with a dolphin but ultimately decided not to broadcast the interview in full. They did however broadcast a small segment of the interview in which one of the hosts called Mr Brenner ‘sick’ and stormed out of the interview. The Authority found that Mr Brenner was treated unfairly and was not adequately informed about the nature of his participation in the broadcast. In particular, he was misled into thinking a four minute version of the interview would be broadcast (rather than only the brief segment including the host’s reaction to him), when the final broadcast had already occurred....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-127 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN THOMAS of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-171 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

The Authority has not upheld a complaint an interview on Saturday Morning, where the host misgendered and ‘deadnamed’ the interviewee, breached the discrimination and denigration standard. While the Authority acknowledged the potential harm in the host’s words, it found the words were directed at the interviewee as an individual, not a section of society as required by the standard. The Authority, in implying the fairness standard, did not consider listeners would have been left with a negative impression of the interviewee. The potential harm therefore did not reach the threshold justifying regulatory intervention.    Not Upheld: Discrimination and Denigration, Fairness...

A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

The Authority has not upheld a complaint alleging a segment on Police Ten 7 breached the discrimination and denigration standard. A man called a woman who had called the police a ‘nosey motherf***ing white c***’. The Authority found in the context of the long-running series, and the particular programme, this comment did not reach the threshold for a finding that it encouraged discrimination or denigration in breach of the standard. Not Upheld: Discrimination and Denigration...

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

The Authority has not upheld a complaint that a promo leading to a news report on Newshub Live at 6pm breached the discrimination and denigration standard in its use of the word ‘Aboriginals’ when describing Aboriginal peoples / First Nations peoples in Alice Springs, and for discussing concerns of rising crime in Alice Springs. While acknowledging the description ‘Aboriginals’ rather than ‘Aboriginal people(s)’, is no longer considered appropriate terminology in Australia, the host’s statement was made without malice or nastiness as part of a straightforward news report on rising criminal activity. The broadcaster also advised the complainant’s concern regarding correct terminology has been passed on to the Newshub team. The Authority did not consider regulatory intervention justified in these circumstances. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that a segment on Morning Report breached the discrimination and denigration, and accuracy standards. The report was about trans men and non-binary people missing out on notifications for cervical screenings, due to how gender and sex are recorded by health services. The Authority found that the discrimination and denigration standard was not breached as the terminology used was specifically chosen to be inclusionary rather than exclusionary, and the inaccuracies alleged by the complainant were immaterial to the broadcast as a whole. Not Upheld: Discrimination and Denigration and Accuracy...

Complaint3 News – comment by newsreader – offensive behaviour – mockery of middle-aged women Findings(1) Standard G2 – insufficiently offensive – no uphold (2) Standard G13 – no uphold This headnote does not form part of the decision. Summary A newsreader read an item on 3 News about a group of middle-aged English women who had raised money for charity by posing nude for a calendar, during which he commented "I bet that’s all they raised". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 26 March 2000. Jenny Rockel complained to TV3 Network Services Ltd, the broadcaster, that the newsreader had given the impression that the idea of women’s sexual viability in middle life was laughable. She considered that this was offensive and tasteless. In its response, TV3 said that the remark was unscripted and intended by the newsreader to be amusing....

ComplaintNightline – item about Irish singer Sinead O’Connor’s new album - old footage of O’Connor ripping up photo of Pope – breach of good taste/decency – encouraged discrimination against/denigration of CatholicsFindings Standard G2 – footage not gratuitous – context highly relevant – no uphold Standard G13 – item did not encourage discrimination against/denigration of Catholics – no uphold This headnote does not form part of the decision. Summary A news item about the Irish singer Sinead O’Connor’s latest album, broadcast on Nightline on TV3 just before 11pm on 1 August 2000, included eight-year-old footage of O’Connor ripping up a photo of Pope John Paul II. W M Moore complained to TV3 Network Services Ltd, the broadcaster, that the item breached standards of good taste and decency and encouraged denigration of, or discrimination against, Catholics....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Close Up – item about Muslim outrage caused by cartoons first published in Denmark depicting the prophet Mohammed – item concluded with satirical depiction of Jesus Christ – allegedly in breach of good taste and decency, unbalanced and unfair in that it encouraged the denigration of ChristiansFindingsStandard 1 (good taste and decency) – context – not upheld Standard 4 (balance) – contrast in attitudes to freedom of speech about religious convictions is controversial issue of public importance – dealt with in balanced way in full item – not upheld Standard 6 (fairness) and guideline 6g (denigration) – lampooning of Christians did not amount to blackening of reputation – not upheld Standard 7 (programme classification) – news and current affairs not subject to classification system – warning was broadcast – not upheld Standard 9 (children’s interests) – warning included before current affairs item – not upheldThis headnote…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair and denigratoryFindingsPreliminary findings – Authority applied TVNZ v VoTE approach to New Zealand Bill of Rights Act – Authority must consider whether finding a breach of standards would impose unreasonable limitation on free speech Standard 1 (good taste and decency) – contextual factors favour broadcaster – public interest does not require finding a breach of standards simply because broadcasts lampooned Catholicism – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high threshold in light of protection given to satire in 6(g)(iii) – threshold one of vitriol or hate speech – fact that offence caused of itself insufficient to find breach of standard – programmes not realistic as complainant alleged – not upheld Standard 6 (fairness) – satirical programmes would only be unfair in…...

ComplaintNewstalk ZB – host Leighton Smith – caller used word "mongrel" to describe bad parents – denied it was a racist interpretation – offensive language – racist FindingsPrinciple 1 – context – no uphold Principle 7 – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Parenting was one of the topics discussed on the Leighton Smith Morning Show on 27 August 2002 in view of some murders committed recently by young people. One caller said that "two mongrel dogs" would produce "a mongrel pup", and that it was illegal to "beat that mongrel out of the pup". The Leighton Smith Morning Show is broadcast by TRN each weekday between 8. 30am – midday via the Newstalk ZB network. It is a talkback programme hosted by Leighton Smith....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – discussed government’s Te Reo Māori initiatives – host read out email from listener who said that their grandmother had been beaten at school for speaking Te Reo – host stated, “I think this is a myth, to be perfectly honest with you, I don’t know of anywhere this happened....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Overnight Talkback– during a discussion about gay marriage, the host described the complainant, a caller, as “incredibly rude” – host read out complainant’s fax and repeated the word “homophobic” but spelled out “faggot” – allegedly in breach of fairness and discrimination and denigration standardsFindingsStandard 6 (fairness) – complainant not treated unfairly – not upheld Standard 7 (discrimination and denigration) – host’s use of the word “homophobic” and spelling out of “faggot” did not encourage the denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During Overnight Talkback, broadcast on Newstalk ZB on 6 June 2012, the host and callers discussed the issue of gay marriage. The host spoke to a caller, “David from Queenstown”, whom he described as “incredibly rude”, before terminating the call....

Download a PDF of Decision No. 1992-059:Auckland Women's Health Council Inc and Television New Zealand Ltd - 1992-059 PDF485. 47 KB...