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Decisions
Haapamaki & Ball and Sky Network Television Ltd - 2020-015
2020-015

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...

Decisions
Christian Heritage Party and Television New Zealand Ltd - 1996-041
1996-041

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-041 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Yousef and The RadioWorks - 1999-193
1999-193

SummaryThe morning broadcast on The Rock on 14 July 1999, included a "joke" about an Indian superette owner and his Pakistani worker. Mr Yousef complained to The RadioWorks, the broadcaster, that the joke was offensive and demeaning. He considered that the joke was both in bad taste and cast a "racial and religious slur". The broadcaster responded that the show was targeted at an audience of males aged between 18-39 years and that its style appealed to large numbers of that group. In the broadcaster’s view, those people were entitled to their own radio station which reflected their values, language and attitudes. The RadioWorks declined to uphold the complaint. Dissatisfied with the broadcaster’s decision, Mr Yousef 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 upholds the complaint....

Decisions
O'Malley and RadioWorks Ltd - 2008-107
2008-107

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – item discussed whether men should wear pink clothing – host said “Red, and saying that pink is a form of red is the same as saying male, and then a homosexual is a form of a male” – allegedly discriminatory Findings Standard 7 (discrimination and denigration) – remarks were intended to be humorous – tone not abusive – did not encourage discrimination on the basis of sexual orientation – not upheld This headnote does not form part of the decision. Broadcast [1] During an item broadcast on More FM at 8am on Tuesday 5 August 2008, the hosts responded to a caller who rang up to discuss whether it was appropriate for men to wear pink shirts. Bryan McFadden, an Irish singer, appeared on the show as a guest host....

Decisions
Mental Health Foundation of New Zealand and Bipolar/Manic Depression Society Inc and Television New Zealand Ltd - 2002-074, 2002-075
2002-074–075

ComplaintsShortland Street – character with bipolar disorder – portrayed as obsessive, delusional and violent – inaccurate – unfair – stereotyping FindingsStandard G1/Standard 5 – fiction – not applicable Standard G6/Standard 4 and Guideline 4a – fiction – not applicable Standard G13/Standard 6 and Guideline 6g – no discrimination – dramatic work – no uphold Standard G20/Standard 4 and Guideline 4b – fiction – not applicable Standard G21/ Standard 5 and Guideline 5a – fiction – not applicable This headnote does not form part of the decision. Summary [1] A storyline about a character with bipolar disorder ("Jack Hewitt") screened during episodes of Shortland Street broadcast on TV2 at 7. 00pm on weeknights from 3 December to 14 December 2001 and on 21 January 2002. During these episodes, "Jack" attempted to kill "Chris Warner", kidnapped "Rachel McKenna" and then committed suicide....

Decisions
Watkins and The RadioWorks Ltd - 2001-138–204
2001-138–204

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Decisions
Sargeant and The Radio Network Ltd - 2013-015
2013-015

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – segment was an attempt at humour and satire – the outcome as broadcast demonstrated flaws in stereotyping – broadcast would not have offended most listeners in context, was not socially irresponsible, and did not reach high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community – not upheld This headnote does not form part of the decision....

Decisions
Kirby and TV3 Network Services Ltd - 1993-060
1993-060

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Decisions
Johnson & Mackinnon and Radio New Zealand Ltd - 2020-176 (28 April 2021)
2020-176

The Authority has not upheld two complaints regarding an interview of American philosopher and gender theorist Judith Butler by Kim Hill. The interview discussed ‘the debate about who can be classified as a woman’ and used the term ‘TERF’, an acronym meaning trans exclusionary radical feminist, to describe those ‘who oppose transgender as a phenomenon and transgender rights more broadly’, particularly through excluding trans people from women-only spaces. The Authority found the broadcast was not discriminatory towards women and the term ‘TERF’ was used as part of a discussion of the debate and the expression of legitimately held opinion. Not Upheld: Discrimination and Denigration...

Decisions
Wilson and Sky Network Television Ltd - 2022-007 (2 March 2022)
2022-007

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

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
Archer and Pirate FM - 1996-026, 1996-027
1996-026–027

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-026 Decision No: 1996-027 Dated the 7th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by SUZI ARCHER of Wellington Broadcaster PIRATE FM of Wellington J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Kjestrup and Nelson Media Access Trust Inc - 2004-128
2004-128

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Trinity Broadcasting Network – three-hour broadcast on Christian television station – two comments about homosexual relationships – allegedly encouraged denigration and discriminationFindings Standard 6 (fairness) and Guideline 6g (denigration) – expression of opinion – comments were brief and incidental to the main topic of discussion – not upheld This headnote does not form part of the decision. Broadcast [1] Channel 7 is a 24-hour Christian television station broadcast in Nelson. On 1 April 2004 the station featured a three-hour programme by Trinity Broadcasting Network, an American Christian television network. Part of this broadcast included a segment by Pastor Miles Munro about the power of the media. [2] Pastor Munro spoke about adultery, drinking and murders being shown on television, and how these things gradually become acceptable if viewed repeatedly....

Decisions
Schwabe and Radio New Zealand Ltd - 2010-174
2010-174

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – 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] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

Decisions
Ritchie and Television New Zealand Ltd - 1991-055
1991-055

Download a PDF of Decision No. 1991-055:Ritchie and Television New Zealand Ltd - 1991-055 PDF429. 31 KB...

Decisions
Towers and The Radio Network Ltd - 2011-036
2011-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host used the phrase “whack-job Christians” – allegedly in breach of standards relating to discrimination and denigration FindingsStandard 7 (discrimination and denigration) – host used the phrase “whack-job Christians” to convey his personal opinion – comment lacked the necessary invective to reach threshold for encouraging discrimination against or denigration of Christians – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Newstalk ZB broadcast on the morning of Friday 4 February 2011, the host stated: I voted for [MP’s name] before he got involved with all those ‘whack-job’ Christians and stuff, back when he was that middle class, middle of the road family man and he was on the verge of getting the five percent....

Decisions
Williamson and The Radio Network Ltd - 2013-088
2013-088

Summary [This summary does not form part of the decision. ]In a weekly interview segment on Mike Hosking Breakfast, Prime Minister John Key criticised the Labour Party while discussing a number of political topics. The Authority did not uphold the complaint that the host displayed political bias and let the Prime Minister criticise other parties unchallenged, without them being offered any right of reply. This segment with the Prime Minister of the day has been running for 25 years, it was transparently political advocacy, and it did not purport to be a balanced or even-handed discussion of political issues. Other politicians were also interviewed on Newstalk ZB on a regular basis. Not Upheld: Controversial Issues, Fairness, Accuracy, Responsible Programming, Discrimination and DenigrationIntroduction [1] In a weekly interview segment on Mike Hosking Breakfast, the Prime Minister John Key criticised the Labour Party while discussing a number of political topics....

Decisions
Olsen and Discovery NZ Ltd - 2021-055 (15 September 2021)
2021-055

The Authority did not uphold a complaint about an episode of New Zealand Today. The complaint was that an interviewee was treated unfairly, and the segment discriminated against and denigrated the elderly. Noting that comments concerning the interviewee were based on his individual actions and views (rather than his status as ‘elderly’) and that the discrimination and denigration standard is not intended to prevent the broadcast of genuine expressions of comment, legitimate humour or satire, the Authority found no breach of that standard. In the context, the Authority also found the interviewee was not treated unfairly. Not Upheld: Fairness, Discrimination and Denigration...

Decisions
Fischer and Television New Zealand Ltd - 1995-106
1995-106

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 106/95 Dated the 5th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS FISCHER of Dipton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Smits and Television New Zealand Ltd - 1994-115
1994-115

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

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