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Decisions
Foster and Television New Zealand Ltd - 2017-009 (26 April 2017)
2017-009

Summary[This summary does not form part of the decision. ]An item on 1 News reported on the then President-Elect Donald Trump’s meeting with rapper Kanye West, and President-Elect Trump’s choice for Secretary of State, Rex Tillerson. At the end of the item, the newsreader stated, ‘And Trump has also chosen a climate change denier, former Texas Governor Rick Perry, to become his Secretary of Energy’. The Authority did not uphold a complaint that the term ‘climate change denier’ was deeply offensive to all climate change sceptics, particularly because it linked them to ‘Holocaust deniers’, and was inaccurate and unbalanced. ‘Climate change sceptics’ are not a recognised section of the community to which the discrimination and denigration standard applies. In any event, the term was used in this item merely to describe a particular perspective on the issue of climate change....

Decisions
Foreman and NZME Radio Ltd - 2018-012 (18 April 2018)
2018-012

Summary[This summary does not form part of the decision. ]A segment on The Country featured the host interviewing The Right Honourable Jacinda Ardern not long after she began her term as Prime Minister. Towards the beginning of the interview the host asked the Prime Minister, ‘Do you wake up and say to yourself, “Holy shit! I’m Prime Minister! ” and have to pinch yourself? ’ The Authority did not uphold a complaint that the host’s comment breached community norms of good taste and decency and was discriminatory. Taking into account relevant contextual factors including low level of offensive language used, the light-hearted tone, and audience expectations, the broadcast did not threaten community norms of good taste and decency, or justify restricting freedom of expression....

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
Adair and 3 Others and TVWorks Ltd - 2009-138
2009-138

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Decisions
Davies and Television New Zealand Ltd - 2006-069
2006-069

Complaint under section 8(1)(a) of the Broadcasting Act 1989Top of the Class – boy commented that playing the recorder was “gay” – allegedly encouraged denigration of and discrimination against homosexual peopleFindingsStandard 6 (fairness) and guideline 6g (denigration and discrimination) – boy used the word “gay” to mean “lame” or “stupid” – did not amount to the high level of invective required for a breach of the standard – not upheldThis headnote does not form part of the decision. Broadcast [1] Top of the Class was a reality entertainment programme, broadcast on TV One, in which New Zealand celebrities were paired with 10-year-old look-alikes and vied with each other in various competitions. In an episode broadcast at 7. 30pm on Sunday 11 June 2006, the contestants were learning how to play the recorder. One of the young schoolboys said “recorders is (sic) gay, extremely gay”....

Decisions
Brown and 3 Others and Television New Zealand Ltd - 2003-082–2003-087
2003-082–087

ComplaintCoca Cola Chart Show – music videos – All The Things She Said – Beautiful – scenes of same-sex kissing removed – unfair – discriminatory FindingsStandard 6, Guideline 6g – no discrimination – threshold not reached – no upholdThis headnote does not form part of the decision. Summary [1] Music videos All The Things She Said and Beautiful were broadcast on TV2’s Coca Cola Chart Show from 10. 00am. The first video screened on 2, 16, 23 and 30 March and 6 April 2003. The second video was shown on 23 and 30 March and 6 April 2003. [2] Jordan Carter on behalf of New Zealand Young Labour, Karena Brown, Andrew Rowse and Tony Milne all complained to Television New Zealand Ltd, the broadcaster, that the edits made to the music videos to remove scenes involving same-sex kissing were discriminatory....

Decisions
Mitchell and Wolf and The Radio Network Ltd - 2004-113, 2004-114
2004-113–114

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....

Decisions
Bisset and Television New Zealand Ltd - 2005-093
2005-093

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item on New Zealand fruit exports to Australia – interviewee said “Who is the World Trade Organisation? They are all Pakeha” – allegedly denigratory of PakehaFindingsStandard 6 (fairness) and Guideline 6g (denigration) – comment more expression of frustration at lack of Māori input to finding a solution – not intended to be denigratory of Pakeha – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Te Karere on 24 June at 6am. Te Karere contained an item about the continuing opposition from Australia to New Zealand apple imports. The item included an interview with Mr Maanu Paul, a kiwifruit grower from Whakatane....

Decisions
Mainland Television Ltd and The Radio Network Ltd - 2004-033
2004-033

Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Decisions
Brooke and Radio New Zealand Ltd - 2000-001
2000-001

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....

Decisions
Mclaughlin and Radio New Zealand Ltd – 2019-032 (17 September 2019)
2019-032

The Authority has not upheld a complaint that an interview by Kim Hill with former nun and lesbian activist Monica Hingston breached broadcasting standards by including the suggestion that the Catholic Church, and by connection, all Catholics are corrupt. The Authority found that the interview did not contain a high level of condemnation, nor would it undermine community standards of good taste and decency, as it was a nuanced, considered conversation that was narrowly focused on Ms Hingston’s personal views and experiences with the Catholic Church. Taking into account public interest in the interview and the fact that the interview was clearly signalled as being from Ms Hingston’s perspective, the Authority also determined that it did not result in any unfairness to the Catholic Church. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Fairness...

Decisions
Bibby and Television New Zealand Ltd - 2010-062
2010-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Decisions
Hay and Access Community Radio Auckland Inc - 1998-072
1998-072

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-072 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HAY of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Tichbon and Television New Zealand Ltd - 2000-171
2000-171

ComplaintDocumentary New Zealand: "Finding Family" – violent family relationship described by woman victim – inaccurate – unfair – unbalanced – discriminated against men FindingsProgramme about family reunification, not spousal abuseStandard G1 – no uphold Standard G4 – no uphold Standard G6 – no uphold Standard G13 – no uphold This headnote does not form part of the decision. Summary The theme of Documentary New Zealand: "Finding Family", broadcast on TV One on 31 July 2000 beginning at 8. 30pm, was the reunification of family members who had been separated. One woman described how she had become separated from her son when she escaped from a violent relationship some 30 years previously. He was tracked down by the Salvation Army in Australia....

Decisions
Kavanagh and MediaWorks Radio Ltd - 2019-001 (2 April 2019)
2019-001

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a segment on The AM Show, in which a booth designed to enable doctors to perform discrete testicle examinations was likened to a ‘confession booth’, breached the good taste and decency and discrimination and denigration standards. The Authority found that, in the context of the segment, the comparison was unlikely to undermine or violate widely shared community norms. It also did not reach the level of malice or nastiness necessary to denigrate a section of the community. The public health message in the broadcast was an important one and overall the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

Decisions
Burne-Field and NZME Radio Ltd - 2020-040 (14 September 2020)
2020-040

The Authority has upheld a complaint that comments made by Mike Hosking during his ‘Mike’s Minute’ segment were misleading in breach of the accuracy standard. Mr Hosking made statements referring to death-rate statistics in Italy related to COVID-19, including that ‘99. 2% percent died with underlying health issues. In other words, the very things that were killing them anyway, at over 1,600 per day’. The Authority found the comments were misleading as the broadcaster conflated its own conclusions, drawn from a study into Italy’s COVID-19 figures, with the figure of 1,600 deaths per day, which was based on 2018 population data and ignored both cause of death and the notion of ‘excess mortality’. In this respect, the Authority emphasised the importance of data literacy among broadcasters and journalists, to ensure statistics are not misinterpreted or misrepresented....

Decisions
Both and MediaWorks TV Ltd - 2015-100 (14 April 2016)
2015-100

Summary[This summary does not form part of the decision. ]A 3 News item reported on allegations of widespread doping amongst Russian athletes and included a reference to the disqualification of a Belarussian shot-putter at the London Olympics. The Authority did not uphold a complaint alleging the item was misleading, unbalanced and denigrated Russians by failing to differentiate between Belarus and Russia. The reporter accurately described the Belarussian athlete and the Russian Olympic team, and in the context of the item viewers would not have been misled into thinking Belarus and Russia were the same country. The item portrayed a range of significant viewpoints on the allegations of doping amongst Russian Olympic athletes and did not contain any material which discriminated against, or denigrated, Russians. Not Upheld: Accuracy, Controversial Issues, Discrimination and DenigrationIntroduction[1] A 3 News item reported on allegations of widespread doping amongst Russian athletes....

Decisions
Wray and Mediaworks TV Ltd - 2017-014 (15 May 2017)
2017-014

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues....

Decisions
Djurdjevic and MediaWorks TV Ltd - 2016-004 (15 September 2016)
2016-004

Summary[This summary does not form part of the decision. ]In an episode of The Block NZ: Villa Wars, the complainant was portrayed as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid. The Authority upheld a complaint that the complainant was treated unfairly and that key facts about his professional conduct were misrepresented. The Authority did not uphold the complaint that the broadcast also breached a number of additional standards. Upheld: Fairness, AccuracyNot Upheld: Privacy, Discrimination and Denigration, Good Taste and Decency, Law and Order, Controversial Issues, Responsible ProgrammingOrder: Section 16(4) costs to the Crown $1,500Introduction[1] In an episode of The Block NZ: Villa Wars, the complainant was featured as a ‘temperamental European tiler’ who allegedly wanted to be paid in advance and went ‘AWOL’ when he was not paid....

Decisions
Sampurno and MediaWorks TV Ltd - 2014-148
2014-148

Summary [This summary does not form part of the decision. ] An item on 3 News reported details of John Key’s meeting with the Indonesian president. The newsreader discussed terrorism in Indonesia and referred to Indonesia as ‘the biggest Muslim country in the world’. The Authority did not uphold a complaint that this statement was inaccurate, finding that viewers would have understood the intended meaning that the majority of Indonesians are followers of Muslim faith. The Authority also declined to uphold the complaint that the discussion of terrorism in Indonesia denigrated Muslims and/or Indonesians, as it was factual and did not carry any invective. Not Upheld: Accuracy, Discrimination and Denigration   Introduction [1] An item on 3 News reported details of John Key’s meeting with the Indonesian president....

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