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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-137 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WILLIAM J WYBER of Christchurch Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-183 Decision No: 1997-184 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by GREEN SOCIETY Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

The Authority has declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

*Te Raumawhitu Kupenga 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. ] A segment of Mediawatch canvassed TVNZ’s (as well as several other media outlets’) coverage of the latest Intergovernmental Panel on Climate Change report, in particular Breakfast’s interview with Bryan Leyland, an engineer who speaks and writes publicly on his scepticism about global warming. The Authority did not uphold a complaint from Mr Leyland that the broadcast discussed his interview in a ‘biased and derogatory’ way and amounted to a personal attack. In the context of a programme comprising robust media commentary and critique, the references to Mr Leyland were not unfair and related to his professional capacity rather than criticising him personally....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989All Night Programme – reviewed book about events during World War II – allegedly in breach of good taste and decency standard FindingsStandard 1 (good taste and decency) – review did not minimise the horror of the Holocaust or the events depicted in the novel – book presented as a historical fictional novel that was a blend of fact and fiction – contextual factors – not upheld This headnote does not form part of the decision. Introduction [1] During the All Night Programme, broadcast on Radio New Zealand National on 9 May 2012, a guest reviewed a book called “Himmler’s brain is called Heydrich”, written by Laurent Binet. The book is in the genre of historical novel where a fictional account is written around an historical event....

Download a PDF of Decision No. 1992-010:Odinot and Radio New Zealand Ltd - 1992-010 PDF426. 74 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-091 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WELLINGTON PALESTINE GROUP Broadcaster RADIO NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

Download a PDF of Decision No. 1992-063:Smits and Radio New Zealand Ltd - 1992-063 PDF (366. 06 KB)...

Summary[This summary does not form part of the decision. ]A segment on Nine to Noon featured an interview with Massey Professor Paul Spoonley, titled ‘The changing face of NZ’. The interview discussed increasing diversity in New Zealand and projections for population growth, as suggested by recent data released by Statistics New Zealand. During the interview, presenter Kathryn Ryan commented, ‘it’s also in some ways the argument for immigration, isn’t it, because you’re going to need workers, you’re going to need tax payers, especially as that baby boomer demographic retires, we know there’s some big issues coming up there’. The Authority did not uphold a complaint that this comment breached the accuracy standard, finding the comment was not a statement of fact to which the standard applied, and it would not have materially affected the audience’s understanding of the interview as a whole....

Summary[This summary does not form part of the decision. ]Morning Report contained two items about the Government’s proposal for a specific criminal charge for family violence. A number of family violence experts were interviewed, and the introduction to one of the items stated that ‘14 women, six men and 10 children’ are killed by family violence annually. The Authority upheld a complaint that this statistic was inaccurate because the broadcaster’s source was significantly outdated, and it was part of the introduction which framed the discussion. However, the Authority did not uphold the aspect of the accuracy complaint that the items were misleading because they implied that men are overwhelmingly the perpetrators and women almost always victims of family violence....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – panel discussed National Party’s welfare reform policy – panellist expressed his view that there was a “welfare industry” which had an interest in ensuring beneficiaries remained on benefits – allegedly in breach of controversial issues and accuracy standards FindingsStandard 4 (controversial issues) – New Zealand welfare system including welfare reform amounted to a controversial issue of public importance – broadcaster made reasonable efforts to present significant viewpoints in the programme – issue ongoing so listeners could reasonably be expected to be aware of alternative viewpoints – not upheld Standard 5 (accuracy) – item did not state that welfare was not a “legal” entitlement – panellist’s statements were his personal comment and opinion and therefore exempt under guideline 5a – not upheld This headnote does not form part of the decision Introduction [1] Afternoons with Jim Mora, broadcast on Radio New Zealand…...

SummaryAustralian author Kathy Lette was interviewed on National Radio’s Nine to Noon programme at about 11. 30am on 30 November 1998, and discussed "her fast fire novels about sex and love and cellulite. "Mr Mauger complained to Radio New Zealand Ltd, the broadcaster, that the content of the interview, with its emphasis on sex, was offensive. He emphasised that the subject matter was inappropriate for children as well as for a general audience. In its response, RNZ reported that the language used was in the context of the review of a literary work, and in its view was not gratuitously shocking, tasteless or in contravention of decency. In addition, it noted, the context was expressed by the interviewer in her introduction to the review. RNZ declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Mauger referred the complaint to the Broadcasting Standards Authority under s....

Summary[This summary does not form part of the decision. ]The Authority declined to determine a complaint that it was inappropriate for RNZ to use Forsyth Barr and First NZ Capital as business advisors and suppliers of business news for its 'Market Update' segment on Checkpoint. RNZ's choice of business advisors is a matter of editorial discretion rather than broadcasting standards. The complainant has previously made similar complaints and been warned that further similar complaints would be unlikely to be determined in future. Accordingly the Authority declined to determine the present complaint on the basis it was frivolous and vexatious. Declined to Determine: Law and Order, Fairness, Responsible ProgrammingIntroduction[1] Allan Golden complained that Forsyth Barr and First NZ Capital were not suitable for use as business advisors and suppliers of business news on Radio New Zealand's 'Market Update' segment of Checkpoint....

A complaint that segments on Morning Report which discussed the abortion legislative reform process were unbalanced was not upheld. First, the Authority found the complaint amounted to a ‘formal complaint’ for the purposes of the Broadcasting Act 1989. However the Authority found the items did not breach the balance standard as they clearly approached the topic of abortion legislative reform from a particular perspective and that listeners could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Balance...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – interviewee said “Jesus” and “for Christ’s sake” – allegedly in breach of good taste and decency Findings Principle 1 (good taste and decency) – words not used sensationally, or gratuitously repeated – fitted into the category of an exclamation of irritation or alarm – not upheld This headnote does not form part of the decision. Broadcast [1] An interview with Derek Fox, the editor of Mana Magazine and a commentator on Māori issues, was conducted on Radio New Zealand National’s Nine to Noon programme on the morning of Thursday 15 February 2007. Mr Fox spoke about Māori achievement levels in the education system. At various points in the interview, Mr Fox used the expressions “Jesus” and “for Christ’s sake”....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Afternoons with Jim Mora – discussion about recent release of controversial Barbie doll – panellist suggested there was a market in the Muslim world for “terrorist Barbie”, and in response the host suggested “suicide bomber Barbie” – allegedly in breach of good taste and decency, accuracy, discrimination and denigration, and responsible programming standards FindingsStandard 7 (discrimination and denigration) – panellists were offering commentary and opinion in a satirical manner, making the point that the marketers of Barbie dolls were smart to release controversial Barbies – comments did not encourage the denigration of, or discrimination against, Muslims as a section of the community – not upheld Standard 1 (good taste and decency) – comments were light-hearted and intended to be satirical/a joke – most viewers would not have been offended or distressed by the comments taking into account the context – not upheld Standard 8 (responsible…...

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ComplaintPlato’s Cave – promo at 4. 00pm – reference to sexual activity – offensive – unsuitable for children FindingsPrinciple 1 Guideline 1a – context – no uphold Principle 7 Guideline 7b – audience research indicates minimal child audience – withdrawn This headnote does not form part of the decision. Summary [1] A promo for the forthcoming Sunday drama, Plato’s Cave, was broadcast on National Radio at 4. 05pm on Thursday 20 September 2002. The promo included a request for a man to undress and to prepare for sex. [2] Jacqueline Grenfell complained to Radio New Zealand Ltd, the broadcaster, that the broadcast of the promo at that time was offensive and unsuitable for children. [3] In response, RNZ acknowledged that the promo was challenging but argued that, on balance, it did not breach the standards....