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Decisions
Cable and Television New Zealand Ltd - 2020-110 (21 December 2020)
2020-110

The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...

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
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
Mental Health Commission and CanWest RadioWorks Ltd - 2006-030
2006-030

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Live – Devlin Live – comments by host about proposal to open a house for psychiatric patients in a Wellington suburb without telling residents – criticised the Mental Health Commission – said decision was “as loco and loopy as the people they’re trying to place in the community” – allegedly in breach of good taste and decency, unbalanced, inaccurate, unfair, and in breach of social responsibilityFindingsPrinciple 1 (good taste and decency) – subsumed under Principles 5 and 7Principle 4 (balance) – subsumed under Principles 5, 6 and 7Principle 5 (fairness) – unfairly criticised Mental Health Commission for a decision it did not make – not unfair to mental health patients – would not have caused panic or alarm – one aspect upheldPrinciple 6 (accuracy) – accuracy standard applied to talkback host’s remarks – inaccurately attributed responsibility for acute facility to…...

Decisions
Berney and CanWest TVWorks Ltd - 2005-128
2005-128

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, unbalanced and in breach of children’s interests FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (balance) – not a news, current affairs or factual programme – standard does not apply – not upheld Standard 6 (fairness) and guideline 9g (denigration) – high protection given to satire and comedy – programme had clear satirical and humorous intent – did not encourage denigration – not upheld Standard 9 (children’s interests) – time of broadcast – standard does not apply – not upheldThis headnote does not form part of the decision. Broadcast [1] An episode of Popetown, called “Derby Day” screened on C4 at 9. 30pm, on 10 August 2005....

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....

Decisions
Ikram and Television New Zealand Ltd - 2004-152
2004-152

Complaint under section 8(1)(a) of the Broadcasting Act 1989Eating Media Lunch – satirical take-off of documentary Super Size Me – presenter purportedly eating nothing but Middle-Eastern food for a month – developed stereotypical Muslim characteristics – ultimately ended up as Islamic terrorist – allegedly denigratory of Muslims FindingsStandard 6 (fairness) – Guideline 6g (denigration) – item clearly satirical – intended to satirise not only Super Size Me but also media’s stereotypical portrayal of Muslims and Islam – not upheld This headnote does not form part of the decision Broadcast [1] On Eating Media Lunch on 22 July 2004, at 9:30pm, presenter Jeremy Wells satirised the recent documentary film, Super Size Me, in which the filmmaker ate nothing but McDonalds for 30 days and measured the effects on his health....

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
Tukariri and Television New Zealand Ltd - 2014-012
2014-012

Summary [This summary does not form part of the decision. ]The Authority declined to uphold the complaint that an episode of Jeremy Kyle, a talk show dealing with relationship breakdowns between guests, breached broadcasting standards. The complainant’s objections related to the nature of the series in general, rather than specific content in this episode. While elements could have caused discomfort or distress for viewers, the episode was consistent with audience expectations of the talk show genre, was rated PGR and was broadcast at a time when AO programmes are permitted, during the school term, so children were unlikely to be watching....

Decisions
Bloem and Television New Zealand Ltd - 2014-132
2014-132

Summary [This summary does not form part of the decision. ]The host of Vote 2014 which covered the results of the 2014 general election, used the terms 'jeez', 'gee' and apparently 'Jesus' as exclamations. The Authority did not uphold the complaint that the use of these terms was offensive and inappropriate. The Authority has consistently recognised that the colloquial use of variations of 'Jesus' as an exclamation to express irritation, dismay or surprise is increasingly common and widely accepted. The use of the words in this context, during live coverage of an important political event, did not threaten standards. Not Upheld: Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During Vote 2014, comprising five hours of live coverage of the results of the 2014 general election, one of the hosts used the terms 'jeez' and 'gee' and apparently 'Jesus'....

Decisions
Bennachie and TV3 Network Services Ltd - 1998-162, 1998-163
1998-162–163

Summary A rugby coach found guilty of sexually assaulting young boys in his rugby club was described on a 3 National News item broadcast on 31 July 1998 as a "homosexual paedophile" and, according to a sports reporter on a 3 News Update item broadcast on 2 August 1998, the Gay Games contained events such as handbag throwing and the 200m dash in high heels. Calum Bennachie complained to TV3 Network Services Ltd that the description of the rugby coach implied that all paedophiles were homosexual or that all homosexuals were paedophiles, and that both implications were factually incorrect and portrayed gay and lesbian people as inherently inferior. He also complained that the emphasis on fringe events in the report on the Gay Games trivialised the achievements of the competitors....

Decisions
Edwards and Television New Zealand Limited - 1999-081
1999-081

Summary A character, "Xerox – Warrior Prince", in the "Serial Stuff" series in What Now, was portrayed eating some oversized food items. He also made some enthusiastic comments about food in skits in which he appeared. The actor who played the character had a larger build than the other actors. The programme was broadcast on TV2 on 14 March 1999, commencing at 8. 00 am. Mrs Edwards complained to Television New Zealand Limited, the broadcaster, that the character perpetuated the stereotype that people who are above "normal weight" were like that because they ate too much. "Fat phobia" could be reinforced in children’s minds, she wrote, and could lead to bulimia or anorexia. TVNZ responded that the effect of the "Billy Bunter type character" was to lampoon such stereotyping. The acting was exaggerated, it wrote, to show how silly pre-conceived ideas about types of people can be....

Decisions
Wardlaw and TV3 Network Services Ltd - 1992-079
1992-079

Download a PDF of Decision No. 1992-079:Wardlaw and TV3 Network Services Ltd - 1992-079 PDF438. 69 KB...

Decisions
Ryan and NZME Radio Ltd - 2017-005 (24 March 2017)
2017-005

Summary[This summary does not form part of the decision. ]An audio clip promoting the ZM radio station stated that ZM played ‘hit after hit after goddamn hit’. The Authority did not uphold a complaint that the phrase ‘hit after goddamn hit’ was offensive to those who hold Christian or other religious beliefs and contrary to children’s interests. The Authority acknowledged that use of the term ‘goddamn’ may have caused offence to some listeners. However, in this case it was used as part of the station’s promotional messaging for playing continuous music and was not dwelt upon. Taking into account the right to freedom of expression, and the context of the broadcast, the term ‘goddamn’ could not be said to have encouraged the denigration of, or discrimination against, all Christians or others who hold religious beliefs....

Decisions
XD and Mediaworks TV Ltd - 2018-102C-D (13 March 2019)
2018-102C-D

Summary[This summary does not form part of the decision. ]A complaint regarding two broadcasts, relating to threats to public officials over the Government’s use of 1080 (including footage of an anti-1080 protest featuring the complainant), was not upheld. The Authority found the use of the footage, in segments on Newshub and The AM Show, did not result in any unfairness to the complainant. The Authority considered these broadcasts did not link the complainant, or the majority of anti-1080 protestors, to the threats, as both broadcasts stated that the threatening behaviour was from the fringes of the movement. The Authority determined that the audience was therefore unlikely to be misled or misinformed. The Authority also found a comment made by host Duncan Garner during The AM Show segment, implying Willie Apiata should be sent to harm the people who made the threats, did not breach broadcasting standards....

Decisions
Theodore and Television New Zealand Ltd - 1994-032
1994-032

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 32/94 Dated the 26th day of May 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RAJIT THEODORE of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Clayton and Triangle Television Ltd - 2004-001
2004-001

ComplaintVoice of Islam – comments about homosexuality and AIDS – discrimination/denigration – incited hatred, intolerance and violence toward homosexualsFindingsStandard 6 and Guideline 6g – hate speech – encouraged discrimination and denigration – upheldNo OrderThis headnote does not form part of the Decision Summary [1] A lecture titled “Challenges Facing Muslims in the New Millennium” was broadcast on Voice of Islam on Triangle Television between 3. 00pm and 4. 00pm on Monday 29 September 2003. [2] Mr Clayton complained to Triangle Television Ltd, the broadcaster, that the programme included comments which incited hatred and intolerance toward homosexuals. [3] Triangle Television maintained that broadcasting standards were not breached, as Standard 6 of the Television Code allowed for the broadcast of “genuinely held opinion”. [4] Dissatisfied with Triangle Television's decision, Mr Clayton referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Ryan and The RadioWorks Ltd - 2000-025
2000-025

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Moore and Television New Zealand Ltd - 2003-071
2003-071

ComplaintOne News – item broadcast on Good Friday about modern Stations of the Cross exhibition – included picture of Jesus Christ on the lid of a toilet seat – offensive – unfair to Catholics FindingsStandard 1 and Guideline 1a – report of Christian celebration of Easter - context – no uphold Standard 6 and Guideline 6g – no denigration – no uphold This headnote does not form part of the decision. Summary [1] The modern and unconventional imagery used in a Stations of the Cross exhibition by a Christian Church group was featured in an item broadcast on One News at 6. 00pm on Good Friday. One image showed a picture of Jesus Christ inside the lid of a toilet seat....

Decisions
Bisset and Television New Zealand Ltd - 2005-093
2005-093

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item on New Zealand fruit exports to Australia – interviewee said “Who is the World Trade Organisation? They are all Pakeha” – allegedly denigratory of PakehaFindingsStandard 6 (fairness) and Guideline 6g (denigration) – comment more expression of frustration at lack of Māori input to finding a solution – not intended to be denigratory of Pakeha – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Te Karere on 24 June at 6am. Te Karere contained an item about the continuing opposition from Australia to New Zealand apple imports. The item included an interview with Mr Maanu Paul, a kiwifruit grower from Whakatane....

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