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Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – participants discussed a food outlet that had opened in a church – commented “the body of Christ does come with six grams of fat” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – in context, not indecent or in poor taste – not upheld Principle 7 (social responsibility) – item not critical of Christians or Christian practices – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in Off the Wire, broadcast on National Radio on 3 October 2004 at around 3:00 am discussed recent news events, including the opening of a food outlet in a New York church....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Closer – scene involving internet sex-chat contained sexually explicit dialogue – use of the words “fuck” and “cunt” – allegedly in breach of discrimination and denigration, and responsible programming standards FindingsStandard 8 (responsible programming) – Authority has previously found that the movie was appropriately classified AO and screened at 8. 30pm – not upheld Standard 7 (discrimination and denigration) – complainant did not identify a section of the community which she considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision. Broadcast [1] Closer, a film based on a play by Patrick Marber which followed the love affairs of two couples, was broadcast on TV One at 8. 30pm on Saturday 19 February 2011. [2] At approximately 8. 40pm, one of the characters used the word “fuck”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – reported on case of Sean Davison who faced charges for assisting his mother’s suicide – Mr Davison was shown in court and the complainant in his capacity as a Corrections Officer was briefly visible as he walked behind Mr Davison in the dock – allegedly in breach of privacy, fairness and discrimination and denigration standards FindingsStandard 3 (privacy) – complainant was identifiable – item did not disclose any private facts about the complainant – not upheld Standard 6 (fairness) – footage of complainant was extremely brief – information disclosed did not create an unfair impression of the complainant or cause damage to his reputation or dignity – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – nothing in the item encouraged discrimination or denigration against any section of the community – not upheld This headnote…...

Download a PDF of Decision No. 1991-034:Creighton and Television New Zealand Ltd - 1991-034 PDF713. 18 KB...

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....

Summary[This summary does not form part of the decision. ]The host of Paul Henry said ‘bastards’ when referring to phone scammers and said the word ‘God’ several times as an exclamation when discussing the 2015 Rugby World Cup. The Authority did not uphold a complaint that this language breached broadcasting standards. It would not have offended a significant number of viewers or adversely affected any children who might have been watching. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and DenigrationIntroduction[1] The host of Paul Henry said ‘bastards’ when referencing phone scammers and said the word ‘God’ several times when discussing the 2015 Rugby World Cup – for example, ‘by God they are playing well’. [2] Craig Davie complained that Mr Henry used ‘foul language’ and was ‘taking the lord’s name in vain’, which was offensive and unsuitable for children....

Summary[This summary does not form part of the decision. ]An item on Story reported that Auckland purchasers of homes near areas of cultural significance for Māori may need to get consent from iwi before undertaking any structural building work, as part of the Auckland Unitary Plan. As an example of one of the areas of cultural significance, the presenter reported from an empty field, saying, ‘So this is what an area of cultural significance looks like. This is called a midden. . . it’s pretty much a rubbish dump. We looked it up – “midden” is an old Danish word for “domestic rubbish dump”’. The Authority did not uphold a complaint alleging that the item discriminated against and/or denigrated Māori and was unfair....

Summary[This summary does not form part of the decision. ]An episode of Shortland Street featured a storyline about the developing relationship of a young same-sex couple, and included several scenes of the two kissing, including shots of them from the waist up in bed together. The Authority did not uphold a complaint that these scenes breached the good taste and decency and children’s interests standards. The Authority acknowledged there is value in programmes such as Shortland Street, which provides entertainment and reflects contemporary society and evolving social issues and attitudes. Shortland Street is a PGR-classified medical drama series that has screened in the 7pm timeband for many years. It is well known for featuring adult themes. In that context the level of sexual content did not threaten current norms of good taste and decency, nor would be likely to adversely affect any child viewers....

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

The Authority has not upheld a complaint that an item on Newshub Nation about the New Conservative Party breached broadcasting standards. The Authority found that the New Conservative Party was not a recognised section of the community for the purposes of the discrimination and denigration standard, and that the accuracy standard did not apply as the complaint concerned matters of analysis and opinion rather than statements of fact. The Authority also found that the New Conservative Party and Party members were not treated unfairly, noting that the scrutiny of political parties is a vital component of freedom of expression, and is of particular importance in the lead-up to a general election. Not Upheld: Fairness, Accuracy, Discrimination and Denigration...

The Authority has declined to determine a complaint about a news item on RNZ National. The item included a brief comment of Israeli Prime Minister Benjamin Netanyahu from his first televised address following the deaths of key Hamas leaders which the complainant alleges was in breach of multiple standards. The Authority declined to determine the complaint finding it relates to a matter of editorial discretion/personal preference and identified no harm sufficient to outweigh the right to freedom of expression. Declined to Determine under s 11(b) of the Broadcasting Act 1989: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance and Fairness...

The Authority has not upheld two complaints that a promo for the ASB Women’s Classic tennis competition was in breach of the good taste and decency and discrimination and denigration standards of the Pay Television Code of Broadcasting Practice. The promo depicted a tennis player’s skirt flying up in a brief action shot of her hitting the ball. While acknowledging the potential effect of repeatedly viewing this clip, the Authority found that ultimately the clip was not likely to undermine current norms of good taste and decency and did not contain the high level of condemnation or malice necessary to find a breach of the discrimination and denigration standard. The broadcaster provided an explanation for the selection of the clip and the Authority was satisfied that the promo would not cause harm at a level justifying regulatory intervention. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 39/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M MORRILL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

The Authority has not upheld complaints about a press conference by Prime Minister Jacinda Ardern and comments by Professor Michael Baker regarding restrictions for persons who do not have a COVID-19 vaccination. It found the discrimination and denigration standard did not apply to either broadcast and the balance and law and order complaints were not upheld in respect of the second complaint. The interview with Professor Baker was clearly signalled as approaching the issue from his perspective and there has been widespread discussion in other media about whether restrictions on people that are unvaccinated are justified. The Authority found listeners were in a position to arrive at informed and reasoned opinions regarding this issue. It also found the broadcast did not encourage any illegal or antisocial activity. Not Upheld: Law and Order, Discrimination and Denigration, Balance...

During a segment on The AM Show that discussed immigration to New Zealand host Mark Richardson said: ‘we’re clearly not getting enough English immigrants to become traffic officers’. The Authority did not uphold a complaint that Mr Richardson’s comment was discriminatory to nationalities that are ‘not English’ in breach of the discrimination and denigration standard. The Authority found the complainant did not identify a ‘section of the community’ for the purposes of the standard. The Authority also found that, considering audience expectations of The AM Show and Mr Richardson, the light-hearted nature of the comment and other contextual factors, the comment did not reach the threshold required to be considered discriminatory or denigratory. Not Upheld: Discrimination and denigration...

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

The Authority has not upheld two complaints about a broadcast of The Panel which briefly discussed public perception of the recognition of a Palestinian state and the panellists’ views on whether Aotearoa New Zealand should sanction Israel. The complaints were made under several standards and included claims the broadcast was unbalanced for not including comment from Palestinians ‘or directly affected individuals’, and treated Palestinians unfairly. Additionally, a panellist’s comment was said to be inaccurate and misleading, and to discriminate against and denigrate Palestinians. Under the balance standard, the Authority found alternative perspectives were provided by the other panellist. In addition, the broadcast: was clearly signalled as approaching the topics canvassed from the panellists’ perspectives; was narrowly focussed on certain aspects of the much larger, complex Israel-Palestine conflict; and listeners were likely to be aware of significant viewpoints given the issues had been frequently covered in a range of media....