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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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 95/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN E WEBB of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-170 Dated the 15th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DOUGLAS JENKIN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

SummaryAn episode of Newsflash broadcast on TV 2 on 15 September 1998 at 8. 00pm contained, among other things, skits with a religious theme. Mrs Gruijters complained to Television New Zealand Ltd that the skits were tasteless and offensive and she objected to what she perceived as an attempt to get laughs at all costs. TVNZ responded informally in the first instance, and when asked to respond formally, advised that it considered the complainant’s objection was really one of personal preference rather than an assertion that statutory standards had been breached. Dealing with the specific matters to which Mrs Gruijters objected, it maintained that there was nothing in the programme which breached the good taste standard, and nothing which represented any group as inherently inferior or encouraged discrimination against them. Dissatisfied with TVNZ’s response, Mrs Gruijters referred the complaint to the Broadcasting Standards Authority under s....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on an Italian television personality who groped David Beckham’s genitals – news presenters commented on the incident – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – while the comments were sexist, they were intended to be humorous and lacked the necessary invective for a breach of the standard – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Friday 22 January 2010, reported that David Beckham had his genitals groped by an Italian television personality during a media interview....

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”....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – comment about recent pack rape allegations against Australian rugby league players – host described women who attended parties with rugby league players as “moles” and suggested that they were asking for trouble – allegedly denigrated womenFindings Standard 7 – Guideline 7a (discrimination and denigration) – comment encouraged denigration of women who socialise with rugby league players – not a genuine expression of serious comment – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] At about 7. 55am on 2 April 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented on recent pack rape allegations against a team of Australian rugby league players....

ComplaintMotorway Patrol and promo – incident involving the complainants’ vehicle – complainants identifiable – breach of privacy – unfair – encouraged discrimination FindingsStandards 3 – privacy – no uphold Standard 6, Guideline 6b – not unfair to inadvertent participants who do not consent as events of public interest occurred in public place – no uphold, Guideline 6f – humiliation self-inflicted – no uphold, Guideline 6g – neither discrimination or denigration encouraged – no uphold This headnote does not form part of the decision. Summary [1] The loss of a trampoline off the roof of a vehicle as it drove across the Auckland Harbour Bridge was the incident dealt with in a promo for, and in the first segment of, Motorway Patrol broadcast on TV2 at 7. 30pm on 11 April 2002. Motorway Patrol is a reality series which records the work of police patrols on the Auckland motorways....

The Authority has not upheld a complaint that an item on AM concerning the imminent arrival to Aotearoa New Zealand of Kellie-Jay Keen-Minshull, also known as Posie Parker, breached broadcasting standards. The complainant alleged the broadcast was unfair, inaccurate and denigrated Parker by describing her as ‘anti-trans’, that such a description ‘could well increase the likelihood of violent antisocial protests’ at her events, and that the item was also unbalanced. The Authority found that, given Parker’s views, the description ‘anti-trans activist’ was not unfair given its literal accuracy, and the brief item did not otherwise breach broadcasting standards. Not Upheld: Fairness, Accuracy, Promotion of Illegal or Antisocial Behaviour, Balance, Discrimination and Denigration...

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. 1992-054:Rickit and Independent Broadcasting Company (1990) Ltd - 1992-054 PDF393. 82 KB...

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

ComplaintAlly McBeal – drama – male applicants for law practice required to take off shirts – discrimination against men – sexual harassment in the workplace – inconsistent with maintenance of law and order Findings(1) Standard G13 – no discrimination or denigration – legitimate dramatic work – no uphold (2) Section 4(1)(b) – no uphold This headnote does not form part of the decision. Summary An episode of Ally McBeal was broadcast on TV2 on 5 July 2000 at 8. 30pm. A sequence in the programme featured two women interviewing male applicants for a position in a legal practice. The applicants were asked to remove their shirts during the interview process. S Smith complained to Television New Zealand Ltd, the broadcaster, that the sequence represented "illegal" sexual harassment of the men involved, and encouraged discrimination against men....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Believe Nothing – comedy – reference to cannibalism and consuming body and blood of Jesus Christ – allegedly offensive – allegedly discriminated against CatholicismFindings Standard 1 (good taste and decency) and Guideline 1a – context – standard not threatened – not upheld Standard 6 (fairness) and Guideline 6g (discrimination) – context and satirical series – no discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Believe Nothing is a satirical series lampooning aspects of British and Western culture, constructed around the character of Adonis Cnut played by comedian Rick Mayall. The episode broadcast on TV One at 10. 40pm on 11 January 2004 used Hannibal Lechter imagery and involved references to cannibalism and church practices. Complaint [2] Bert Klaassen complained formally to Television New Zealand Ltd, the broadcaster, about aspects of the programme....

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....

Complaint under section 8(1C) of the Broadcasting Act 19893 News – live news bulletin reported on Christchurch earthquake – included close-up footage and interviews with victims – allegedly in breach of standards relating to good taste and decency, privacy, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency) – unedited live news item reporting on extraordinary natural disaster – contextual factors – not upheld Standard 3 (privacy) – people shown identifiable – victims vulnerable – however, no interference in nature of prying – public interest – not upheld Standard 8 (responsible programming) – unscheduled live news programme – warnings – public interest – not upheld Standard 7 (discrimination and denigration) – complainant did not identify section of the community – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

ComplaintRadio Pacific – talkback host described Minister of Health as a chicken and derelict in her duty – offensive and denigrating FindingsPrinciple 1a – contextual matters – no uphold Principle 7a – comments acceptable on talkback – no uphold This headnote does not form part of the decision. Summary [1] The Minister of Health was criticised for not going to Christchurch to try to settle a threatened nurses strike there. The comments were made by the host (Bill Ralston) on the talkback station, Radio Pacific, between 11. 00am–2. 00pm on 30 November 2001. [2] David Stott complained to The RadioWorks Ltd, the broadcaster, that the comments, which included a description of the Minister as a "woof" and "chicken", were insulting, denigrating and in poor taste. [3] As Mr Stott did not receive a response to his complaint, he referred it to the Broadcasting Standards Authority under s....