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Decisions
Kerr and Television New Zealand Ltd - 2023-022 (9 August 2023)
2023-022

The Authority has not upheld a complaint an episode of So Dumb its Criminal broadcast at 9. 30pm on Duke breached the offensive and disturbing content and discrimination and denigration standards. The broadcast, hosted by Snoop Dogg, featured a panel of Black comedians commenting on clips of criminals making ‘dumb’ mistakes. The commentary by the panel included multiple uses of the n-word, jokes about white people and ‘white privilege’, and what appeared to be a reference to a fictional kung fu character when describing one of the people featured. While the Authority acknowledged the potential harm in the use of the n-word, it noted this word has been ‘reclaimed’ by the communities affected by it, and was used in the broadcast by Black comedians joking amongst themselves....

Decisions
Tily and Discovery NZ Ltd - 2022-047 (2 August 2022)
2022-047

The Authority has not upheld a complaint that it was inappropriate to broadcast images of spiders due to viewers potentially having arachnophobia. The Authority found the images were unlikely to cause widespread undue offence, and the introduction to the item gave viewers who did not want to see spiders the opportunity to switch off. The programme information and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Programme Information, Discrimination and Denigration....

Decisions
Richard-Howes and Wilson and Television New Zealand Ltd - 2011-019
2011-019

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – item on Haitian Vodou – interviewed New Zealand vodou high priest and one of his spiritual children – allegedly in breach of privacy, accuracy, fairness and discrimination and denigration Findings Standard 3 (privacy) – interviewee’s partner could have been identified through their relationship but no private facts disclosed in a highly offensive manner – not upheld Standard 5 (accuracy) – points raised by the complainants were not material points of fact – not inaccurate or misleading – not upheld Standard 6 (fairness) – Haitian Vodou not an organisation to which the standard applies – not upheld Standard 7 (discrimination and denigration) – broadcast did not carry invective necessary to encourage denigration of, or discrimination against, Haitian Vodou believers as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Gooder and TV3 Network Services Ltd - 1995-143
1995-143

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 143/95 Dated the 14th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by D A GOODER of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Parlane and MediaWorks Radio Ltd - 2018-075 (14 November 2018)
2018-075

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint about a RadioLIVE Drive show, which discussed the issue of property managers or landlords asking to see the bank statements of prospective tenants. The Authority found the broadcast did not breach any of the broadcasting standards raised by the complainant, noting the broadcast included a range of viewpoints from the hosts, interviewees and listeners who phoned into the programme. The broadcast discussed a legitimate issue and was in line with audience expectations for the programme and for talkback radio. The Authority therefore found no actual or potential harm that might have outweighed the important right to freedom of expression....

Decisions
Blomfield and NZME Radio Ltd - 2022-027 (18 May 2022)
2022-027

The Authority has not upheld a complaint about a talkback programme which discussed the protests and occupation of Parliament. The Authority found the programme was within audience expectations and did not contain language in breach of the good taste and decency standard. Callers were not treated unfairly, given the talkback environment. The remaining standards were not breached or did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Programme Information, Balance, Accuracy...

Decisions
KS and Television New Zealand Ltd - 2020-135 (9 February 2021)
2020-135

The Authority declined to determine a complaint about the use of te reo Māori across a number of TVNZ broadcasts. Te reo Māori is an official New Zealand language. Its use is a matter of editorial discretion appropriately determined by broadcasters. The Authority declined to determine the complaint because the use of te reo Māori does not raise any issue of broadcasting standards. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration, Fairness...

Decisions
Faithfull and CanWest RadioWorks Ltd - 2005-015
2005-015

Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....

Decisions
Harvey and RadioWorks Ltd - 2007-113
2007-113

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – host likened the appearance of a talent show contestant to that of a person suffering from an intellectual disability – allegedly in breach of good taste and decency and social responsibility standards Findings Principle 7 (social responsibility) – host’s comments intended to be positive – item lacked necessary invective to amount to encouraging denigration – not upheld Principle 1 (good taste and decency) – host had no intention to insult or offend – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Radio Live on 27 August 2007 discussed a British talent show contestant named Paul Potts and his rapid rise to fame after his singing audition on the programme “Britain’s Got Talent”....

Decisions
Sabine and The Radio Network Ltd - 2004-149
2004-149

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – The Justin du Fresne Show – joke arising from controversy over Prime Minister’s allegedly speeding motorcade. FindingsPrinciple 1 (Good taste and decency) – obvious attempt at humour – no bad language used – not personal attack on Prime Minister – not upheld Principle 7 (Social responsibility) – obvious attempt at humour – not upheld This headnote does not form part of the decision. Broadcast [1] On The Justin du Fresne Show, broadcast on Newstalk ZB on the morning of 19 July 2004, presenter Justin du Fresne told a joke arising from the earlier controversy over the Prime Minister’s allegedly speeding motorcade....

Decisions
Baulch and The RadioWorks Ltd - 2000-014
2000-014

SummaryHost John Banks described parking wardens as "low lifes" in his programme on Radio Pacific broadcast on 26 August 1999 at about 8. 15am. Adele Baulch complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that as a former parking warden she found the comment objectionable. She sought a public apology from Mr Banks to all parking wardens in New Zealand. The broadcaster responded that no malice had been intended by the remark but admitted that the host’s language had been "a little strong". It apologised for distress caused to the complainant, and declined to uphold the complaint. Dissatisfied with The RadioWorks’ decision, Mrs Baulch referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority declines to uphold the complaint. DecisionThe members of the Authority have read the correspondence which is listed in the Appendix....

Decisions
Bolster and Latimer and Television New Zealand Ltd - 2010-186
2010-186

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

Decisions
Zohrab, on behalf of the New Zealand Equality Party, and Television New Zealand Ltd - 2002-097
2002-097

ComplaintOne News – pronunciation of "Waikato" – denigration of New Zealand English and its speakers FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The pronunciation of "Waikato" during One News, broadcast on TV One at 6. 00pm on 29 March 2002, was the subject of a complaint. [2] Peter Zohrab, on behalf of the New Zealand Equality Party, complained to Television New Zealand Ltd, the broadcaster, that the pronunciation was incorrect. He considered the manner of pronunciation was "racist" and encouraged the denigration of New Zealand English and its speakers. [3] TVNZ declined to uphold the complaint. It did not consider that its pronunciation of "Waikato" in any way denigrated New Zealand English. [4] Dissatisfied with TVNZ’s decision, Mr Zohrab referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Toki and The RadioWorks Ltd - 2002-210
2002-210

ComplaintLite FM – Name Game Competition – excluded unusual names – unfair – sexist – racist FindingsPrinciple 7 Guideline 7a – competition neither sexist nor racist – no uphold Principle 5 – not applicable – no uphold This headnote does not form part of the decision. Summary [1] As part of the Name Game station promotion run by Lite FM in Christchurch, names were announced on-air over a period of six weeks. When their name was read out, listeners were asked to call the station and enter a draw for $20,000. [2] Te Marunui Toki complained to The RadioWorks Ltd, the broadcaster of Lite FM, that the competition was sexist, as it excluded people of one gender when names of the other gender were called out, and racist, as Polynesian names were not announced. He also complained that it was unfair as unusual names were not included....

Decisions
Wardlaw and Television New Zealand - 1991-046
1991-046

Download a PDF of Decision No. 1991-046:Wardlaw and Television New Zealand - 1991-046 PDF591. 9 KB...

Decisions
McCammon and The Radio Network Ltd - 2013-061
2013-061

Summary [This summary does not form part of the decision. ]The host of talkback programme Canterbury Mornings expressed the view that parking wardens in Christchurch were ‘scum’ for ticketing people in the central city, after everything they had been through with the earthquakes. The Authority did not uphold the complaint that the host’s comments were unacceptable, irresponsible and denigrated parking wardens. The comments related to a legitimate issue and were well within the host’s right to free speech, especially given that talkback radio is recognised as a robust and opinionated environment. A caller also challenged the host, so listeners were given a countering perspective....

Decisions
Smits and Television New Zealand Ltd - 1993-168
1993-168

Download a PDF of Decision No. 1993-168:Smits and Television New Zealand Ltd - 1993-168 PDF319. 29 KB...

Decisions
O'Brien and TV3 Network Services Ltd - 1998-090, 1998-091
1998-090–091

Summary A promo for South Park contained a "news update" in which police had asked, "If you see this little eight year old boy, kill him and immediately burn his body". The promo was broadcast at 9. 40 pm and 10. 15 pm on TV4 on 5 April 1998. An episode of South Park broadcast on TV4 on 6 April at 9. 30 pm contained fart and diarrhoea jokes. Ms O’Brien complained to the broadcaster, TV3 Network Services Limited, that the promo incited violence and murder of children, failed to maintain law and order, failed to observe good taste and decency, and discriminated against a young boy. She also complained that puerile descriptions of faeces and related bodily functions were not comedy, and the episode was in breach of good taste and decency....

Decisions
Mee and The Radio Network Ltd - 1999-190
1999-190

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Simmons and 34 Others and CanWest TVWorks Ltd - 2006-022
2006-022

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

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