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Decisions
Beach and Radio New Zealand Ltd - 2020-048 (14 September 2020)
2020-048

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

Decisions
Fletcher and Radio New Zealand Ltd - 2016-022 (27 June 2016)
2016-022

Summary[This summary does not form part of the decision. ]Worldwatch broadcast a three-part interview series with Hanan Ashrawi, a Palestinian legislator, described as ‘one of the most powerful women in the Middle East’ and ‘a forceful advocate for Palestinian self-determination and peace in the Middle East’. The Authority did not uphold a complaint alleging that the interviews amounted to support for terrorism, ‘[s]olely blame[d] Israel for all the Palestinian suffering’, and contained a number of inaccurate and misleading allegations about the Israel-Palestine conflict. The interviews did not contain several of the statements complained about, but were rather the complainant’s interpretation of what he considered Ms Ashrawi had implied. Other comments complained about were clearly Ms Ashwari’s opinion, to which the accuracy standard did not apply....

Decisions
Djurdjevic and MediaWorks TV Ltd - 2016-004 (15 September 2016)
2016-004

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Decisions
Wakeman and Television New Zealand Ltd - 2022-057 (31 August 2022)
2022-057

The Authority has not upheld a complaint that two items on 1 News concerning Russia’s invasion of Ukraine breached the balance, accuracy, discrimination and denigration, and fairness standards. The first item reported on possible war crimes committed by Russia in Ukraine, and the second on New Zealand providing further financial and military aid to Ukraine. The Authority found the broadcaster made reasonable efforts to present significant points of view in the items, and the accuracy standard was not breached. While the complainant was concerned the broadcasts discriminated against Russian people, the Authority found the broadcasts did not refer to Russian people generally, and rather referred to the Russian government or its military. The fairness standard did not apply. Not upheld: Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Mochnacki and Radio New Zealand Ltd - 2022-008 (16 February 2022)
2022-008

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Decisions
Keane and Television New Zealand Ltd - 2010-083
2010-083

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item interviewed aid worker Nicola Enchmarch about being caught up in an Israeli commando raid on a flotilla off Gaza in which nine activists died – chief Israeli spokesperson interviewed about the raid – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – topic of the raid was a controversial issue of public importance – broadcaster made reasonable efforts and gave reasonable opportunities to present significant points of view on the raid – not upheld Standard 5 (accuracy) – material that was not included did not make the item misleading – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6 (fairness) – Israeli spokesperson given ample opportunity to present Israel’s point of view – individuals and organisations taking part or referred to…...

Decisions
O'Malley and RadioWorks Ltd - 2008-107
2008-107

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – item discussed whether men should wear pink clothing – host said “Red, and saying that pink is a form of red is the same as saying male, and then a homosexual is a form of a male” – allegedly discriminatory Findings Standard 7 (discrimination and denigration) – remarks were intended to be humorous – tone not abusive – did not encourage discrimination on the basis of sexual orientation – not upheld This headnote does not form part of the decision. Broadcast [1] During an item broadcast on More FM at 8am on Tuesday 5 August 2008, the hosts responded to a caller who rang up to discuss whether it was appropriate for men to wear pink shirts. Bryan McFadden, an Irish singer, appeared on the show as a guest host....

Decisions
Foster and Television New Zealand Ltd - 2017-009 (26 April 2017)
2017-009

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the then President-Elect Donald Trump’s meeting with rapper Kanye West, and President-Elect Trump’s choice for Secretary of State, Rex Tillerson. At the end of the item, the newsreader stated, ‘And Trump has also chosen a climate change denier, former Texas Governor Rick Perry, to become his Secretary of Energy’. The Authority did not uphold a complaint that the term ‘climate change denier’ was deeply offensive to all climate change sceptics, particularly because it linked them to ‘Holocaust deniers’, and was inaccurate and unbalanced. ‘Climate change sceptics’ are not a recognised section of the community to which the discrimination and denigration standard applies. In any event, the term was used in this item merely to describe a particular perspective on the issue of climate change....

Decisions
Sheerin and MediaWorks TV Ltd - 2017-018 (26 May 2017)
2017-018

Summary[This summary does not form part of the decision. ]Four items on Newshub featured stories related to the United Kingdom and/or the British Royal Family. The Authority did not uphold complaints that the Newshub items and the reporters’ comments were biased, unfair and derogatory towards the United Kingdom and/or members of the British Royal Family. The Authority found that the news reports did not contain any material which discriminated against or denigrated any section of the community, or which could be said to be unfair to members of the British Royal Family. The items also did not discuss a controversial issue of public importance which triggered the requirement for balancing perspectives to be given, and did not raise accuracy or programme information issues....

Decisions
Coffey and Radio New Zealand Ltd - 2014-152
2014-152

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....

Decisions
Parlane & Wilson and Mediaworks Radio Ltd - 2015-009
2015-009

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....

Decisions
AB and CD and Access Community Radio Inc - 2013-005
2013-005

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Decisions
Disabled Persons Assembly (New Zealand) Inc (Auckland Central Region) and Television New Zealand - 1993-079
1993-079

Download a PDF of Decision No. 1993-079:Disabled Persons Assembly (New Zealand) Inc (Auckland Central Region) and Television New Zealand - 1993-079 PDF301. 22 KB...

Decisions
Atkin and The Radio Network Ltd - 2011-061
2011-061

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sean Plunket Morning – host interviewed Dr Paul Connett about his views against fluoridation of water – allegedly in breach of controversial issues, fairness and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme discussed a controversial of public interest – period of current interest is ongoing so listeners aware of other views – Dr Connett was given ample opportunity to present his perspective – not upheld Standard 6 (fairness) – interview was robust but reasonable and good-natured – Dr Connett treated fairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

Decisions
Burrows and Television New Zealand Ltd - 2014-023
2014-023

Summary [This summary does not form part of the decision. ]A One News item discussed increased rates of domestic violence in Christchurch following the earthquakes. The Authority declined to determine the complaint that re-enactments showing domestic violence denigrated men and were ‘gender biased’. The Authority has previously declined to uphold a similar complaint from the complainant, which ought to have put him notice of the likely outcome of this decision. The re-enactments were visual wallpaper only, and the gender of the actors was not material. Declined to determine: Controversial Issues, Discrimination and Denigration Introduction[1] A One News item discussed increased rates of domestic violence over the Christmas period in Christchurch, observed in the wake of the Christchurch earthquakes. The item was broadcast on TV ONE on 20 December 2013....

Decisions
Harang and Television New Zealand Ltd - 1992-068
1992-068

Download a PDF of Decision No. 1992-068:Harang and Television New Zealand Ltd - 1992-068 PDF353. 15 KB...

Decisions
Smits and TV3 Network Services Ltd - 1996-066
1996-066

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-066 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
MacKay and Television New Zealand Ltd - 1998-165
1998-165

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

Decisions
Ashurst and 10 Others and Television New Zealand Ltd - 2010-001
2010-001

Dated: 6 July 2010 Decision No:  2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE  of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One                                   Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...

Decisions
Jordan and TVWorks Ltd - 2009-153
2009-153

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sports Tonight – presenter referred to the English netball team as “Poms” – allegedly in breach of discrimination and denigration Findings Standard 7 (discrimination and denigration) – term was affectionate slang rather than abusive – did not carry level of invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Sports Tonight, broadcast on TV3 at 11pm on Wednesday 21 October 2009, the presenter referred to the New Zealand netball team beating “the Poms in overtime in a one-off test last week”. Complaint [2] Gary Jordan made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the term “pom” was a racial slur against English people and should not be broadcast. He considered the term to be derogatory and offensive....

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