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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-188 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET CHAPMAN of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Download a PDF of Decision No. 1993-096–097:Sharp and Leonard-Taylor and Television New Zealand Ltd - 1993-096, 1993-097987. 7 KB...

Download a PDF of Decision No. 1992-080:Ritchie and Television New Zealand Ltd - 1992-080 PDF281. 76 KB...

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....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the world’s first legally recognised Pastafarian wedding between two members of the Church of the Flying Spaghetti Monster (CFSM). The reporter referred to the CFSM as a ‘spoof religion’, and stated, ‘Pastafarians believe that pirates are supreme beings from which all humans evolved, and it’s an official religion’. The Authority did not uphold a complaint that describing the CFSM as a ‘spoof religion’ was denigrating, disrespectful and discriminatory. It took the view that the broadcaster’s reference to the Church as a ‘spoof religion’ was an opinion which was available to be taken and able to be expressed, and that the high threshold required for discrimination and denigration to be established had not been reached. The Authority also did not uphold a complaint that the reference to pirates as ‘supreme beings’ was inaccurate....

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....

The Authority has not upheld a complaint about the introduction for a piece broadcast on RNZ Concert: ‘Being a coloured man wasn’t an advantage to 19th century English composer Samuel Coleridge-Taylor. But he did, fortunately, have some influential supporters… so his music did get heard. ’ The complaint was that the description of the composer as ‘coloured’ perpetuated racism. The Authority acknowledged the complainant’s concerns and the changing nature of language over time. In this case, it found the description of the composer, in the context of the broadcast, did not encourage discrimination or denigration and was unlikely to cause offence at a level justifying restriction of the right to freedom of expression.   Not Upheld: Good Taste and Decency, Discrimination and Denigration...

THE BROADCASTING STANDARDS AUTHORITY Decision No: 160/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALICIA LEE of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline – item reported that Jeremy Clarkson had apologised for his comments that striking workers should be shot – allegedly in breach of law and order, discrimination and denigration, and violence standards FindingsStandard 2 (law and order) – item was a straightforward news report about Mr Clarkson’s comments – broadcasting the comments did not encourage viewers to break the law – not upheld Standard 7 (discrimination and denigration) – re-broadcasting Mr Clarkson’s comments did not encourage the denigration of, or discrimination against, a section of the community – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of the decision Introduction [1] An item on Nightline, broadcast on TV3 at 10....

Download a PDF of Decision No. 1993-064:Loder and Television New Zealand Ltd - 1993-064 PDF262. 56 KB...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback – complainant expressed opposition to proposal for crematorium in Waikanae – host frequently interrupted with questions and criticisms – allegedly in breach of good taste and decency, unbalanced, unfair, and denigrated the elderly Findings Principle 1 (good taste and decency) – not applicable – not upheld Principle 4 (balance) – range of views advanced – not upheld Principle 5 (fairness) – not unfair in robust talkback environment – not upheld Principle 7 and guideline 7a (denigration) – not applicable – not upheld This headnote does not form part of the decision. Broadcast [1] The proposal to build a crematorium in central Waikanae was an issue on the talkback session hosted by Justin du Fresne on Newstalk ZB on the morning of 4 December 2006....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]Talkback radio host Sean Plunket reacted to author Eleanor Catton's comments at a literary festival in India, which were negative about the New Zealand government. He was highly critical of Ms Catton, saying that she was a 'traitor' and an 'ungrateful hua' among other things. The Authority did not uphold complaints that Mr Plunket's comments breached broadcasting standards. The nature of Ms Catton's remarks was such that it was reasonable for them to attract some strong views in response. The host's comments were within the bounds of audience expectations of talkback radio and within the right to freedom of expression....

The Authority has not upheld a complaint about a segment on Breakfast in which co-host John Campbell used the word ‘dick’ three times in reference to Donald Trump Jr. The complaint was that this pejorative use of the term ‘dick’ denigrated those, including vulnerable children, with the surname ‘Dick’, and subjected them to ridicule. The Authority acknowledged people with that surname may be more sensitive to its use in general, in broadcasting. However, it found Mr Campbell was referring specifically to Donald Trump Jr and most viewers would have interpreted it as meaning ‘a stupid or contemptible person’ – a widely understood and generally acceptable use of the term. On this basis, the Authority found the broadcast was unlikely to cause widespread offence to the general audience, or harm to children....

Complaints under section 8(1)(a) and section 8(1)(c) of the Broadcasting Act 1989The Beach 94....

ComplaintPaul Holmes Breakfast Show – barrage of jokes against French and German military – racist and offensive Findings Principle 7 and Guideline 7a – no discrimination – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] A barrage of jokes relayed on the Paul Holmes Breakfast Show between 6. 00–8. 30am by its presenter, Paul Holmes, was broadcast on The Radio Network Ltd (TRN) on Friday 14 February 2003. The jokes targetted the French and German military. [2] Sylvia Shepherd complained to TRN, the broadcaster, that the jokes were racist, anti-French and offensive. [3] In response, TRN stated that the jokes, which had previously been published in the Sun newspaper in Britain did not encourage denigration of, or discrimination against, the French and were legitimate examples of humour or satire....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-062 Dated the 20th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by GERALD MOONEN of Wellington Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-008 Dated the 13th day of February 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INC of Auckland Broadcaster 95 bFM J M Potter Chairperson L M Loates R McLeod A Martin...