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Decisions
Grover and The Radio Network Ltd - 2003-133
2003-133

ComplaintNewstalk ZB – Larry Williams Show – political commentator used term “house niggers”– offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....

Decisions
Atkin and The Radio Network Ltd - 2011-061
2011-061

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sean Plunket Morning – host interviewed Dr Paul Connett about his views against fluoridation of water – allegedly in breach of controversial issues, fairness and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme discussed a controversial of public interest – period of current interest is ongoing so listeners aware of other views – Dr Connett was given ample opportunity to present his perspective – not upheld Standard 6 (fairness) – interview was robust but reasonable and good-natured – Dr Connett treated fairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

Decisions
Chan and TVWorks Ltd - 2011-170
2011-170

Complaint under section 8(1C) of the Broadcasting Act 1989Campbell Live – items asked viewers for their opinions on changing the New Zealand flag – showed brief visual overview of New Zealand flags – allegedly in breach of standards relating to controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), and Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – complaint frivolous and vexatious – decline to determine under section 11(a) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Items broadcast on Campbell Live on TV3 at 7pm on 22 and 23 September 2011, asked viewers for their opinions on changing the New Zealand flag, which had been a topic of discussion during the Rugby World Cup....

Decisions
Paraiso and Triangle Television Ltd - 2010-168
2010-168

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Voice of Islam – speaker made comments about the Bible and the Qur’an – stated that there were inconsistencies between the contents of the Bible which did not exist in the Qur’an – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – religious programme – expression of opinion – comments did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Voice of Islam was broadcast on Triangle TV at 11. 30am on 27 November 2010. During the programme a lecture entitled “Beyond the Differences” was given by a Muslim Chaplain and former Christian preacher. [2] The speaker discussed what he considered to be the differences between the Bible and the Qur’an....

Decisions
Golden and Radio New Zealand Ltd - 2012-109
2012-109

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Checkpoint – host conducted interview with Dick Pound, founder of the World Anti-Doping Agency – host made three references to Jamaica – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 1 (good taste and decency), Standard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Introduction [1] Checkpoint contained an interview with Dick Pound, the founder of the World Anti-Doping Agency (WADA)....

Decisions
Kavanagh and Television New Zealand Ltd - 2013-033
2013-033

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – item reported on Labour MP Shane Jones throwing a “Lazarus party” to mark his return to the front bench – presenter commented, “Leaving aside anything about resurrections and dodgy movies in hotels, Shane Jones is actually known for referring to himself in the third person” – presenter’s comment allegedly in breach of good taste and decency, and discrimination and denigration standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration) – presenter did not make any reference to Christ and nothing in the broadcast would have offended or distressed viewers, or encouraged discrimination or denigration against Christians as a section of the community – not upheld This headnote does not form part of the decision....

Decisions
Prager and Radio New Zealand Ltd - 2020-033 (28 September 2020)
2020-033

The Authority upheld a complaint that a Checkpoint report summarising the complainant’s submission at a Waitematā local board public meeting was inaccurate and unfair to her. The item reported that ‘the sparks continued to fly when activist Lisa Prager described how she had claimed mana whenua status in her bid to save the trees [on Ōwairaka Mt Albert] but now regrets the move. [One] board member… refused to thank Ms Prager for her submission because, she said, her comments were “a bit racist”. ’ The Authority agreed with Ms Prager that the use of the word ‘regrets’ did not accurately reflect her view expressed at the meeting: “. . . I retire any claim to being mana whenua whatsoever. But I have no regrets in standing up and initiating the conversation. . ....

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
Golden and Radio New Zealand Ltd - 2015-010
2015-010

Summary[This summary does not form part of the decision. ]Mediawatch included an interview with a senior member of New Zealand's media community. The Authority declined to determine the complaint that the interviewee was 'corrupt' and therefore the interview constituted inaccurate, unfair and irresponsible broadcasting. The complainant has previously made a number of similar complaints which did not raise matters of broadcasting standards, and has been warned that further similar complaints would be unlikely to be determined in the future. Accordingly the Authority considered the complaint to be vexatious. Declined to Determine: Good Taste and Decency, Accuracy, Fairness, Discrimination and Denigration, Responsible ProgrammingIntroduction[1] Mediawatch included an interview with a senior member of New Zealand's media community. [2] Mr Golden argued in essence that as Mediawatch 'implies it takes the behaviour of the news media seriously', the decision to interview someone who is 'corrupt' amounted to inaccurate, unfair and irresponsible broadcasting....

Decisions
Truijens and Radio New Zealand Ltd - 2019-012 (7 May 2019)
2019-012

The Authority has not upheld a complaint that an interview on The Weekend, which covered various aspects of racism in Canada, breached the good taste and decency and discrimination and denigration standards. The Authority found that the interviewee’s use of ‘goddamn’ as an expletive was unlikely to undermine or violate widely shared community norms. Further, the interviewee’s reference to the colonial treatment of Canada’s indigenous people did not breach the discrimination and denigration standard. The Authority found that the comments did not apply to a recognised section of the community consistent with the grounds for discrimination listed in the Human Rights Act 1993. The Authority therefore found any restriction on the right to freedom of expression would be unjustified. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Dunlop and Radio New Zealand Ltd - 1996-143
1996-143

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-143 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
South Auckland Muslim Association Inc and Radio Pacific Ltd - 1998-045
1998-045

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-045 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTH AUCKLAND MUSLIM ASSOCIATION INCORPORATED Broadcaster RADIO PACIFIC LIMITED S R Maling (Chairperson) L M Loates R McLeod J Withers...

Decisions
Rockel and TV3 Network Services Ltd -2000-092
2000-092

Complaint3 News – comment by newsreader – offensive behaviour – mockery of middle-aged women Findings(1) Standard G2 – insufficiently offensive – no uphold (2) Standard G13 – no uphold This headnote does not form part of the decision. Summary A newsreader read an item on 3 News about a group of middle-aged English women who had raised money for charity by posing nude for a calendar, during which he commented "I bet that’s all they raised". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 26 March 2000. Jenny Rockel complained to TV3 Network Services Ltd, the broadcaster, that the newsreader had given the impression that the idea of women’s sexual viability in middle life was laughable. She considered that this was offensive and tasteless. In its response, TV3 said that the remark was unscripted and intended by the newsreader to be amusing....

Decisions
Chapman and The Radio Network Ltd - 2007-076
2007-076

Complaint under section 8(1)(a) of the Broadcasting Act 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....

Decisions
Burford and The Radio Network Ltd - 2012-124
2012-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Show – guest host read out text message which used the phrase “pre-op tranny” – phrase repeated by a listener who called the show – allegedly in breach of discrimination and denigration standard – broadcaster upheld the complaint under Standard 7 – action taken allegedly insufficient FindingsAction taken: Standard 7 (discrimination and denigration) – action taken by the broadcaster was sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision....

Decisions
Baird and RadioWorks Ltd - 2013-041
2013-041

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....

Decisions
Effron and Television New Zealand Ltd - 1991-065
1991-065

Download a PDF of Decision No. 1991-065:Effron and Television New Zealand Ltd - 1991-065 PDF372. 4 KB...

Decisions
Crow and MediaWorks TV Ltd - 2020-021 (21 July 2020)
2020-021

The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

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
Pahl and The Radio Network Ltd - 2002-087
2002-087

ComplaintNewstalk ZB – talkback – reference to named Judge "jerking off at work" – bad taste – unbalanced – anti-male FindingsPrinciple 1 – robust environment – no uphold Principle 5 – reference to named Judge unfair – majority – uphold Principle 7 and Guideline 7a – neither men nor judges denigrated – no uphold No Order This headnote does not form part of the decision. Summary [1] A High Court Judge who had viewed pornography on the Internet while at work was the subject of a talkback discussion on Newstalk ZB on 19 February 2002 at around 10. 00pm. During the broadcast, the host made a reference to the Judge "jerking off at work". [2] Dennis Pahl complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the reference was anti-male, defamatory, in poor taste and showed a "demonstrable lack of balance" in the show....

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