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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
Whitham and TV3 Network Services Ltd - 1999-178
1999-178

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....

Decisions
Hildreth and Tan and TV3 Network Services Ltd - 1999-091, 1999-092
1999-091–092

SummaryAn item on 3 News, broadcast on TV3 on 17 February 1999 commencing at 6. 00 pm, focused on a family’s disagreement over the costs of returning a dead woman’s body to her family in the Philippines, after the deaths of the woman and her husband in a car accident. The woman was described in the item as a "mail-order bride". The term "mail-order brides" was used on several occasions during the broadcast to refer to other women members of the Philippines community in Invercargill. Mr Hildreth complained to TV3 Network Services Ltd, the broadcaster, that the description "mail-order brides" demeaned the Filipino women shown in the item, and was offensive to women of that nationality, who had entered New Zealand as the wives of New Zealanders....

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

Decisions
Reading and TV3 Network Services Ltd - 2000-138
2000-138

ComplaintTarget – description of house cleaner as tradesperson – denigration of tradespeople – inaccurate – unfair – unbalanced – offensive Findings (1) Standard G1 – no inaccuracy – no uphold (2) Standard G2 – no uphold (3) Standard G4 – no unfairness – no uphold (4) Standard G13 – no denigration or discrimination – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary An episode of Target broadcast on TV3 at 7. 00pm on 14 May 2000 featured footage of employees of four Hamilton house cleaning services who had been secretly filmed as part of a hidden camera trial. One of the male cleaners had been filmed engaging in improper sexual behaviour....

Decisions
Credo Society Inc and The Radio Network Ltd - 2000-163
2000-163

ComplaintNewstalk ZB – Leighton Smith – comment on fax received from Credo Society regarding standards in the media – denigrated because of beliefs FindingsPrinciple 5 – not dealt with unfairly – no disrespect shown – no uphold This headnote does not form part of the decision. Summary Parts of a fax from Mrs Barbara Faithfull of the Credo Society Inc were read out by host Leighton Smith on Newstalk ZB on 26 July 2000 at about 8. 48am. The host suggested that there was not a lot of support for her views. Barbara Faithfull, secretary of the Credo Society Inc, complained to The Radio Network Ltd, the broadcaster, about what she called the derisive tone in which her fax had been read. She objected to the host’s failure to refer to some matters she had raised in her faxed letter....

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
Hutchings and Television New Zealand Ltd - 1999-021
1999-021

Summary A stripper exposed her breasts in a scene during a strip show in Heartbeat broadcast on TV One on 18 November 1998 at 2. 10pm. Ms Hutchings complained to Television New Zealand Ltd, the broadcaster, that the content was inappropriate in a programme which had been classified PGR and was broadcast during the afternoon. She argued that it was unsuitable viewing for children, and that it perpetuated stereotypical views about women, thus breaching several broadcasting standards. In its response, TVNZ acknowledged that the material was more suited to an adult audience, but maintained that it was not unsuitable for younger viewers when under the guidance of an adult. It did not consider it had been incorrectly classified. Further, TVNZ argued, the content did not breach any broadcasting standards, given its context in a drama clearly classified as PGR. It declined to uphold any aspect of the complaint....

Decisions
Lowe and Television New Zealand Ltd - 1999-074
1999-074

SummaryThe alarm shown by two young boys in a bath when dirty water suddenly bubbled up through the plug hole was featured in an item on The Great Kiwi Video Show shown on TV2 at 6. 30pm on 21 March 1999. When one of the boys stood up, a colourful programme logo was superimposed over his genital area. Mr Lowe complained to Television New Zealand Ltd, the broadcaster, about the practice of masking innocent nudity. Such masking, he continued, suggested that genitalia were unacceptable and dirty. Further, he wrote, research indicated that men who were not socially comfortable with their bodies could lack self-esteem, and that could lead to anti-social behaviour. He listed a number of broadcasting standards which he considered the broadcast had contravened....

Decisions
Authier and Television New Zealand Ltd - 1999-172
1999-172

Summary The film Primal Fear was broadcast on TV2 at 8. 30pm on 11 July 1999. It concerned the trial of a young man accused of the murder of a Roman Catholic archbishop. Aaron Authier complained to Television New Zealand Ltd, the broadcaster, that the film was an attack on Christianity. He said he objected to the blasphemous language used and the manner in which Catholic clergy had been represented in the film. In his view, it should have been preceded with a warning about its content. TVNZ responded by noting that the film was classified as AO and was screened during AO time. Furthermore, it was preceded by a warning which emphasised that it was intended for adult audiences. To the complaint that the film discriminated against Catholics and misrepresented the clergy, TVNZ responded by reminding the complainant that the film was a work of fiction....

Decisions
Smith and Television New Zealand Ltd - 2000-135
2000-135

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....

Decisions
New Zealand Aids Foundation, and Moore and Bennachie on behalf of the Campaign for Human Rights, and Prime Television New Zealand Ltd - 2000-151, 2000-152
2000-151–152

ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....

Decisions
Hooker, Davey and Jones and Television New Zealand Ltd - 2001-220, 2001-221, 2001-222
2001-220–222

An appeal by Michael Hooker against this decision was dismissed in the High Court: AP SW 6/02 PDF1. 09 MBComplaintStripsearch – series incorrectly classified as PGR – unsuitable for children – adult themes – breach of good taste – denigrated men – deceptive programming practice – broadcaster not mindful of effect on children FindingsStandard G2 – did not exceed current norms of decency and good taste – no upholdStandard G4 – participants not treated unjustly or unfairly – no upholdStandard G6 – not relevant – no upholdStandard G7 – no upholdStandard G8 – warning that hybrid classification in final episode potentially a deceptive programming practice – no upholdStandard G12 – no upholdStandard G13 – series did not discriminate against men – no upholdThis headnote does not form part of the decision. Summary[1] Stripsearch was a seven-part series broadcast on TV2 on Tuesday evenings at 8....

Decisions
Ashurst and 10 Others and Television New Zealand Ltd - 2010-001
2010-001

Dated: 6 July 2010 Decision No:  2010-001 Complainants GILLIAN ASHURST of Canterbury MARIAN DEAN of Whanganui DR NANCY HIGGINS of Waikouaiti JANET HUTCHINSON of Hastings PETER LOVE of Featherston KAREN MCCONNOCHIE  of Auckland ROBERT PARAMO of Wellington PEOPLE FIRST NEW ZEALAND INC of Wellington MARK SHANKS of Kaitaia TREVOR SHASKEY of Gisborne G SNEATH of Auckland Broadcaster TELEVISION NEW ZEALAND LTD broadcasting as TV One                                   Members Peter Radich, Chair Tapu Misa Mary Anne Shanahan Leigh Pearson...

Decisions
Lee and UPFM - 2010-011
2010-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Toast Breakfast Show – host commented on Telecom’s outsourcing of call centre work overseas – made reference to “stupid Filipino operators” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (denigration and discrimination) – host’s remark lacked the necessary invective to reach threshold for encouraging discrimination or denigration – not upheld Standard 1 (good taste and decency) – host’s comment was an expression of frustration with Telecom and a throw-away line – not upheld This headnote does not form part of the decision. Broadcast [1] During The Toast Breakfast Show, broadcast on UPFM on the morning of 14 December 2009, one of the hosts commented on Telecom’s outsourcing of call centre work for its 018 directory service....

Decisions
Mazer and RadioWorks Ltd - 2010-021
2010-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

Decisions
Marriott and Television New Zealand Ltd - 2010-029
2010-029

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....

Decisions
Michington and TVWorks Ltd - 2010-047
2010-047

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Bro’ Town – characters talked about young boy being a “bastard” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – programme encouraged acceptance of children of single parent families rather than encouraging discrimination against them – legitimate humour and satire – not upheld Standard 1 (good taste and decency) – “bastard” was not used as a swear word – material was acceptable for a PGR-rated comedy programme at 7. 30pm – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Bro’ Town, an animated comedy chronicling the misadventures of five Auckland teenagers growing up in the imaginary suburb of Morningside, was broadcast on C4 at 7. 30pm on Monday 15 March 2010. Some of the characters were shown talking in a backyard....

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
The Federation of Islamic Associations of NZ Inc and Television New Zealand Ltd - 2010-065
2010-065

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – item investigating forced child marriages in New Zealand – contained interviews with a girl who said she was forced to marry a man who raped her, a representative from an organisation that provides refuge for migrant women, and the president of the Federation of Islamic Associations of New Zealand – allegedly in breach of accuracy, fairness, and discrimination and denigration standardsFindingsStandard 5 (accuracy) – comments made by interviewees were opinion and exempt from the accuracy standard under guideline 5a – item made it clear that the problem of forced child marriages was a cultural issue – viewers not misled – not upheldStandard 6 (fairness) – individuals and organisations taking part and referred to treated fairly – not upheldStandard 7 (discrimination and denigration) – item did not encourage denigration of, or discrimination against, Muslims – not upheldThis headnote does not form…...