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ComplaintNewstalk ZB – Paul Holmes Breakfast – Advertising Standards Complaints Board upheld a complaint about a Levi jeans advertisement – host critical of what he regarded as religious bigotry – socially irresponsible – unbalanced – inaccurate FindingsPrinciple 4 – not applicable – no uphold Principle 6 – not applicable – no uphold Principle 7 – satire – no uphold This headnote does not form part of the decision. Summary [1] Paul Holmes, as the host of Paul Holmes Breakfast on Newstalk ZB, was highly critical of religious bigotry which, he contended, was the motivation for some people to complain about a television advertisement for Levi jeans. He expressed the view, by way of comment, in a broadcast shortly before 8. 00am on 27 August 2003. [2] Ross Craig complained to The Radio Network Ltd, the broadcaster, that the comments lacked balance, fairness and accuracy....

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....

The Authority did not uphold a complaint that a spoof of OMC hit song ‘How Bizarre’, in which the singer mimicked the original artist’s accent, breached the discrimination and denigration standard. The Authority found the accent used was an attempt to imitate the distinctive singing voice of Mr Fuemana and sound of ‘How Bizarre’, in the spirit of spoofing the song itself, rather than an attempt to imitate a specifically Māori or Pacific Island English accent. It did not encourage discrimination against or denigration of Māori or Pacific Islanders. Not Upheld: Discrimination and Denigration...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny & Jacqui – during live broadcast from Riccarton Park Racecourse one host said to her co-hosts, “I know you haven’t put any bets on because you’re both Jews” – allegedly in breach of discrimination and denigration standardFindingsStandard 7 (discrimination and denigration) – comment was ignorant and perpetuated stereotypes but did not reach the high threshold necessary for encouraging the denigration of, or discrimination against, Jewish people as a section of the community – not upheldThis headnote does not form part of the decision. Introduction[1] During the ZM drive show, Jay, Flynny & Jacqui, broadcast live from Cup Day at Riccarton Park Racecourse in Christchurch, one of the hosts said to her co-hosts, “You’ve obviously watched the race. I know you haven’t put any bets on because you’re both Jews”. The show was broadcast on ZM on 13 November 2012....

The Authority has not upheld a complaint about a 1 News item looking at the housing crisis on Waiheke Island. One affected resident who was interviewed said he ‘[felt] like a gypsy wandering around, living out of suitcases and boxes’. The complaint was that the use of the word ‘gypsy’ was derogatory and evokes prejudicial biases towards the Roma community. While the Authority has previously acknowledged the potential harm in the use of the word, in this particular context it did not outweigh the interviewee’s right to express himself and describe his experience. This expression and the item as a whole carried high value and public interest and did not warrant regulatory intervention or restricting the important right to freedom of expression. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 77/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-066 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-071 Dated the 19th day of June 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Live – (1) talkback host on 11 October criticised New Zealand Aids Foundation for what he regarded as its promotion of the gay lifestyle – allegedly denigratory, unbalanced and unfair(2) talkback host on 12 October expressed dislike for most gay men – allegedly denigratory, unbalanced and unfairFindings (both 11 and 12 October broadcasts) Principle 4 (balance) – exchanges did not amount to discussions about a controversial of public importance – not upheldPrinciple 5 (fairness) – no obligation to give the NZAF a right of reply taking into account brevity of throw-away comments made by talkback host – not upheldPrinciple 7 and guideline 7a (denigration) – threshold not met – not upheldThis headnote does not form part of the decision....

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...

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...

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....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – comment included a statement that the Green Party was the party of square dancers – complainant objected to square dancers being associated with the Green Party – allegedly in breach of good taste and decency and denigrated square dancersFindingsPrinciple 1 (good taste and decency) – standard not relevant to complaint – not upheld Principle 7 and guideline 7a (denigration) – square dancers not a “section of the community” to which the guideline applies – not upheldThis headnote does not form part of the decision. Broadcast [1] On 6 June 2006 at approximately 7....

Download a PDF of Decision No. 1993-004:O'Dea and TV3 Network Services Ltd - 1993-004 PDF279. 1 KB...

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....

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....