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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-143 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....
ComplaintThe Edge – interview – impersonation of Jeremy Yates – cyclist banned for bad language – interview apparently with Jeremy Yates used offensive language which was beeped out – unfair – misleading – encourages discrimination and denigrationFindingsPrinciple 5 – not obviously a spoof – wrong brother the target for the prank – upholdPrinciple 7 guideline 7a – no group denigrated – no upholdNo OrderThis headnote does not form part of the decision. Summary[1] Cyclist Jeremy Yates was banned from participating in events by Cycling NZ for using bad language and displaying bad behaviour. An interview, apparently with Jeremy Yates, was broadcast during the breakfast show on The Edge on 11 April 2002. During the interview, the interviewee frequently used offensive language, which was "beeped out", and expressed displeasure that the broadcaster was not supporting him in his dispute with Cycling NZ....
ComplaintHolmes – visual essay on the campaign of Winston Peters MP – suggested supporters were bewildered, bigoted and elderly – unfair FindingsStandard 6, Guideline 6g – elderly as a group not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] Aspects of the campaign of the leader of New Zealand First, Winston Peters MP, during the recent general election were dealt with in an item broadcast on Holmes at 7. 00pm on 30 July 2002. Mr Peters was shown campaigning while attending meetings and being questioned on radio and television. [2] Brent Morrissey complained to Television New Zealand Ltd, the broadcaster, that the item portrayed elderly voters as racist and intolerant of immigrants. That stereotype, he wrote, was incorrect....
Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 NewstalkZB – during a discussion about the vice presidential candidate for the Republican Party, Sarah Palin, one of the regular commentators stated that Ms Palin's daughter was "the town bike” and that her family was "low-rent" – broadcaster upheld complaint that the comments breached Standard 1 (good taste and decency) and Standard 7 (discrimination and denigration) – action taken by broadcaster to rectify breaches allegedly insufficient Findings Standards 1 (good taste and decency) and 7 (denigration and discrimination) – broadcaster upheld complaint under two standards and counselled host on remark – action taken by broadcaster sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Newstalk ZB, broadcast at 8....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australian Open Tennis Championships – reporter commented with regard to Serena Williams’ performance, “The American was almost schizophrenic – she hit four double faults in one game, as well as an ace” – allegedly in breach of discrimination and denigration, and accuracy standards Findings Standard 7 (discrimination and denigration) – term “schizophrenic” was used colloquially as an adjective to describe Ms Williams’ sporting performance – comment did not carry any invective or malice – use of the term did not encourage discrimination against, or the denigration of, people with mental illness as a section of the community – not upheld Standard 5 (accuracy) – use of term “schizophrenic” was not a statement of fact – amounted to commentary and was therefore exempt from standards of accuracy under guideline 5a – not upheld This headnote does not form part of the…...
Summary [This summary does not form part of the decision. ]The host of the Larry Williams Drive Show and a political editor discussed a protest that had taken place in response to the release of the Government’s budget. The host expressed his disapproval of the protestors and made comments about how he thought they should be dealt with, for example saying fire trucks cornering them from either end of the street. The Authority did not uphold the complaint that his comments breached standards. The host was clearly expressing his personal opinion, and the political editor countered the comments, noting people living in a democracy are entitled to protest....
Summary [This summary does not form part of the decision. ] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged bullying and targeting vulnerable people. The Authority did not uphold the complaint that the programme was ‘racist’ and unfair to Dead Sea Spa. The story carried high public interest, and Dead Sea Spa was given a fair and reasonable opportunity to respond. Not Upheld: Discrimination and Denigration, Fairness, Privacy, Accuracy, Controversial Issues, Responsible Programming, Good Taste and Decency, Law and Order Introduction [1] Campbell Live investigated sales techniques used by Dead Sea Spa employees at kiosks and shopping malls throughout New Zealand, including alleged ‘bullying, deception and targeting the vulnerable’. It was reported that the Israeli women staffing the kiosks were working illegally, without work permits. The item was broadcast on TV3 on 1 July 2014....
Download a PDF of Decision No. 1992-090:Toomer and TV3 Network Services Ltd - 1992-090 PDF243. 66 KB...
Download a PDF of Decision No. 1991-054:Young and Television New Zealand Ltd - 1991-054 PDF399. 53 KB...
Summary[This summary does not form part of the decision. ]Two hosts on George FM Breakfast asked listeners to send in the names and profiles of female users of Instagram described as ‘do-nothing bitches’. The names of two women, A and B, were submitted. The hosts went on to comment extensively on A’s profile, making inappropriate and disparaging comments about her, and also contacted A and interviewed her on air. The Authority upheld a complaint that the action taken by MediaWorks having found breaches of the fairness and good taste and decency standards was insufficient, and also found that the broadcast breached the privacy of both women....
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 4/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by AMBLA (AUSTRALASIAN MAN BOY LOVE ASSOCIATION) Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...
Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....
The Authority has not upheld a complaint about a segment on 1 News in which reporter Maiki Sherman interviewed the Hon Nick Smith about the National Party blocking a proposal to enable Māori to switch more easily between the general electoral roll and Māori electoral roll. The complainant submitted Ms Sherman was aggressive and interrupted Mr Smith and her attitude was racist. The Authority found Mr Smith was not treated unfairly given, in particular, his experience as a politician and the public interest in the issue discussed. Regarding balance, Mr Smith had an opportunity to present his views on the issue and a range of perspectives were presented in the broadcast. The discrimination and denigration standard did not apply. Not Upheld: Fairness, Balance, Discrimination and Denigration...
Summary Auckland’s controversial Britomart development was the subject of discussion on John Banks’ talkback programme on Radio Pacific broadcast on 30 July 1999 between 6. 30–7. 30am. Mr Banks, an opponent of the project, suggested that the developer, Mr Lu, should return to his home country in Asia. He said "we don’t want to pour our money down your loo Mr Lu. " Savoy Equities Ltd, on behalf of Mr Lu, complained to Radio Pacific Ltd, the broadcaster, that the comments made were personally abusive and insulting, and incited hostility towards Chinese and Singaporeans. It contended that the host’s remarks were aggravated by what it called his ignorance of the facts. Radio Pacific responded that Mr Lu had been offered the opportunity to respond on-air at the time, but had declined....
ComplaintHolmes (2 Items) – (1) unfair – unbalanced; (2) denigrated women firefighters Findings(1) G4 – guests treated fairly – no uphold G6 – balance provided by presenter – no uphold (2) G13 – intended to be light-hearted – no uphold This headnote does not form part of the decision. Summary The question of whether taxpayers’ money should be spent on sport was discussed in an item on Holmes broadcast on TV One on 14 April 2000 between 7. 00–7. 30pm. The discussion arose in the context of the release of a report from the Hillary Commission calling for more government funding for sport. The guests were a representative from the Hillary Commission and the Minister of Sport. A second item, broadcast on Holmes on 18 April, featured archival footage of an all-woman volunteer fire service in Northland....
ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – Larry Williams Breakfast Show – three-way discussion between host and two guests about Tuvaluan overstayer recently convicted of assaulting his wife for second time – guest made comment purporting to justify violence against women – allegedly in breach of good taste and decency – allegedly denigratory of women Findings Principle 1 (good taste and decency) – in context, no obscene language or content – not upheld Principle 7 (social responsibility) – Guideline 7a (denigration) – taken in isolation comments offensive – but in context, comments clearly not meant to be taken at face value – not upheld This headnote does not form part of the decision....
ComplaintOne News – item broadcast on Good Friday about modern Stations of the Cross exhibition – included picture of Jesus Christ on the lid of a toilet seat – offensive – unfair to Catholics FindingsStandard 1 and Guideline 1a – report of Christian celebration of Easter - context – no uphold Standard 6 and Guideline 6g – no denigration – no uphold This headnote does not form part of the decision. Summary [1] The modern and unconventional imagery used in a Stations of the Cross exhibition by a Christian Church group was featured in an item broadcast on One News at 6. 00pm on Good Friday. One image showed a picture of Jesus Christ inside the lid of a toilet seat....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – 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] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....