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Decisions
Dobson and Television New Zealand Ltd - 2022-118 (8 February 2023)
2022-118

The Authority has not upheld a complaint two items on 1 News reporting on a political poll and interviewing several New Zealanders on the street breached multiple broadcasting standards. The complainant alleged the proportion of people interviewed was not an accurate or balanced representation of the political mood of the country, which was unfair to political parties, and certain comments constituted discrimination and denigration, or were inaccurate or unfair. The Authority held it was not a breach of broadcasting standards to feature ‘vox-pop’ interviews in proportions that do not match current political polling, and the standards either did not apply or were not breached in relation to other issues raised by the complainant concerning the broadcast. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Gee and Television New Zealand Ltd - 1995-087
1995-087

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 87/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LESLIE GEE of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Williams and RadioWorks Ltd - 2010-067
2010-067

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM Breakfast – host and caller used the term “poofter” – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – comment did not contain sufficient invective to reach the threshold for encouraging discrimination or denigration – not upheld This headnote does not form part of the decision. Broadcast [1] Between 8am and 9am during the More FM Breakfast programme, broadcast on More FM on 21 May 2010, the hosts discussed how they would be participating in a winter pool jump. A female host said, “So you’ve got to grin and bear it, suck it up. Don’t be a wuss. ” A male host said he had been talking to his dad about it, because he had done a winter swim before....

Decisions
Slater and Television New Zealand Ltd - 2023-012 (30 May 2023)
2023-012

The Authority has not upheld a complaint an item on 1 News was denigrating or unfair by including footage of a displaced West Auckland resident, following the Auckland Anniversary floods, taking a donut from a box. The complaint stated the footage represented a racial stereotype, degrading the woman. The Authority found the broadcast did not breach the discrimination and denigration standard as it concerned the woman as an individual rather than a recognised section of the community, and was not unfair as she was not portrayed unfairly negatively. In any case, inclusion of the footage was an editorial choice that was open to the broadcaster. Not Upheld: Discrimination and Denigration, Fairness...

Decisions
Solanki and Discovery NZ Ltd - 2023-063 (18 October 2023)
2023-063

The Authority has not upheld a complaint a discussion between the hosts of AM and an interview with Prime Minister Chris Hipkins breached multiple standards for including statements from the hosts questioning the usefulness and purpose of Government inquiries into various sectors. The Authority found the balance and fairness standards were not breached as the interview with Hipkins provided an alternative viewpoint, and allowed Hipkins to comment on the Government’s reasoning for the inquiry. The accuracy standard did not apply, as the comments were analysis, commentary and opinion, and the discrimination and denigration, and offensive and disturbing content standards either were not breached or did not apply. Not Upheld: Balance, Accuracy, Fairness, Offensive and Disturbing Content, Discrimination and Denigration...

Decisions
O’Sullivan and Television New Zealand Ltd - 2022-138 (22 March 2023)
2022-138

The Authority has not upheld a complaint concerning a reporter’s thanking and farewell on behalf of ‘the tangata whenua, from the indigenous people here in Aotearoa’ in an interview with Chilli from TLC. The complainant considered it was ‘highly offensive and racist to single out specific groups of people and not include all people of New Zealand’. The Authority found the standard did not apply, as the comments did not target a recognised section of the community for the purposes of the standard. In any event, the comments did not reach the threshold required for a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Swatch and Radio Virsa - 2020-012 / 2020-059 (31 March 2021)
2020-012 / 2020-059

The Authority declined to determine two complaints as they did not raise any issues of broadcasting standards that warrant a determination. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy...

Decisions
Frame and Sky Network Television Ltd - 2021-098 (27 October 2021)
2021-098

The Authority has not upheld a complaint alleging sports commentary of the ICC World Test Championship final breached the discrimination and denigration standard. The comments ‘it's a story that's akin to David versus Goliath…and living proof that sometimes, just sometimes, nice guys do finish first’ did not refer to a particular section of the community as contemplated by the standard. In any event, it was typical of sports commentary and did not have a prejudicial meaning. Not Upheld: Discrimination and Denigration...

Decisions
Mallard and 3 Others and Television New Zealand Ltd - 1994-127–1994-130
1994-127–130

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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
Johnson and NZME Radio Ltd - 2022-125 (8 February 2023)
2022-125

The Authority has not upheld a complaint that a segment of Overnight Talk breached the discrimination and denigration, offensive and disturbing content, and fairness standards. A caller to the show advised the host he believed Russia was acting in ‘the least violent way possible’ in its invasion of Ukraine, to which the host responded heatedly, referring to the caller’s opinion as ‘stupid’ and ‘bullshit’. The Authority was satisfied the language used amounted to low-level language, and the host’s comments, while potentially seen as disrespectful by some, did not reach the level necessary to constitute unfair treatment. The discrimination and denigration standard did not apply as the comments were directed at the caller as an individual. Not Upheld: Discrimination and Denigration, Offensive and Disturbing Content, Fairness  ...

Decisions
Viti (NZ) Council E Aotearoa and Radio New Zealand Ltd - 2023-064 (12 September 2023)
2023-064

The Authority has declined to determine a complaint the use of the term ‘iTaukei’ to refer to indigenous Fijians breached the discrimination and denigration standard. In light of the Authority’s previous finding that a similarly innocuous use of the term did not breach broadcasting standards, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) in all the circumstances the complaint should not be determined): 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
Freeman and Television New Zealand Ltd - 2011-121
2011-121

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Police Ten 7 – “Bad boys” episode looked at “bad boys’ most memorable moments” – contained coarse language and nudity which were censored – allegedly in breach of standards relating to good taste and decency, law and order, discrimination and denigration, responsible programming, children’s interests, and violence Findings Standard 1 (good taste and decency) – content would not have been unexpected in a long-running reality series about the work of the police – contextual factors – not upheld Standard 8 (responsible programming) – programme correctly classified PGR – not upheld Standard 9 (children’s interests) – programme preceded by clear warning advising parental guidance – broadcaster adequately considered children’s interests – not upheld Standard 10 (violence) – broadcaster exercised adequate care and discretion when dealing with the issue of violence – not upheld Standard 2 (law and order) – broadcast did not encourage viewers to break the…...

Decisions
Mahon and Wolf and Television New Zealand Ltd - 2010-126
2010-126

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Decisions
McKenzie and Television New Zealand Ltd - 2022-141 (1 May 2023)
2022-141

The Authority has not upheld a complaint the documentary Web of Chaos breached multiple standards. The complainant alleged the broadcast represented ‘women who like sewing and interior design as extremists’, which was allegedly ‘racist, sexist, anti-Christian and anti-women of Celtic origin’, lacked any balancing comment from women involved in the community, contained multiple inaccuracies, and was unfair. The Authority found the broadcast did not discriminate against or denigrate any of the nominated sections of the community and the broadcast was materially accurate. This was because the relevant comments were not claiming that all people participating in online craft communities were white nationalists, but rather these communities (like many other online communities) were exposing inadvertent users to extremist ideas. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance, Fairness...

Decisions
Barron and Radio New Zealand Ltd - 2022-009 (11 April 2022)
2022-009

A segment on Sunday Morning interviewed Dr Maxime Taquet to discuss his research on long COVID. The complaint was the segment breached the accuracy, balance and discrimination and denigration standards as it (amongst other reasons) portrayed long COVID as a psychological rather than a neurological disorder. The Authority did not uphold the complaint, finding the broadcast did not imply long COVID was a psychological disorder. It also did not breach the balance or discrimination and denigration standards as the broadcast clearly signalled it was presenting Dr Taquet’s views and did not discriminate against, or denigrate, people affected with long COVID. Not Upheld: Accuracy, Balance, Discrimination and Denigration...

Decisions
Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Decisions
Woods and Radio New Zealand Ltd - 2023-047 (30 August 2023)
2023-047

The Authority has not upheld a complaint an episode of Story Time, involving a reading of ‘Sight for Sore Eyes’ followed by comments from the announcer, breached the discrimination and denigration standard. The story was about a man in Eritrea suffering from trachoma, which was deteriorating his vision, who had his vision restored by a visiting eye doctor, Dr Fred Hollows. The announcer then recounted her, and a listener’s, experiences with the Fred Hollows Foundation. The complainant considered the broadcast used ableist language, implying blind people ‘require fixing’. The Authority found the language did not have this effect, was in keeping with the context of a fictional story about the treatment of preventable blindness, and did not carry any malice. Therefore the broadcast did not reach the threshold for breaching the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Decisions
Wolf and The Radio Network Ltd - 2004-089
2004-089

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....

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