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Yandall & Thomas and Discovery NZ Ltd- 2022-069 (31 August 2022)
2022-069

The Authority has not upheld a complaint under several standards in relation to a segment on The Project. In the broadcast, comedian Justine Smith joked about throwing a half-eaten apple at anti-abortion protesters. The complainants alleged the segment was offensive, promoted violence and criminal activity, and discriminated against anti-abortion protesters. The Authority found that while the statements may have been offensive to some – in the context of the broadcast as a whole, taking into account audience expectations of the show, and the lack of any specific call to act – the alleged harm caused by the broadcast did not reach the thresholds required to restrict the broadcaster’s right to freedom of expression under any of the nominated standards. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, and Discrimination and Denigration...

Decisions
Van Peursem & Fox and Discovery NZ Ltd - 2021-056 (24 August 2021)
2021-056

The Authority has not upheld two complaints about an item on The Project. A presenter commented ‘I think happily we don’t have many Americans in New Zealand so we probably won’t end up in that situation’, in response to a question from another presenter, about whether New Zealanders would start demanding a right to bear arms as in the United States, in light of a recent knife attack. The complainants alleged these comments were discriminatory against Americans, and breached the discrimination and denigration standard. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...

Decisions
Clarkson and TV3 Network Services Ltd - 1994-132
1994-132

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 132/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEWIS CLARKSON of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Wilson and NZME Radio Ltd - 2023-085 (8 April 2024)
2023-085

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

Decisions
Cable and Television New Zealand Ltd - 2024-034 (24 July 2024)
2024-034

The Authority has not upheld a complaint about an item on 1News where a reporter repeatedly asked Winston Peters ‘Has the Prime Minister asked you to pull your head in? ’ The complainant alleged these comments were rude and biased. The Authority did not uphold the complaint as while some members of the audience may have found the questioning rude, it was within audience expectations of programmes such as 1News and was unlikely to cause widespread offence and distress. The discrimination and denigration standard did not apply. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration...

Decisions
Watkins and The RadioWorks Ltd - 2001-071–084
2001-071–084

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…...

Decisions
Tuwhangai and Television New Zealand Ltd - 2005-101
2005-101

Complaint under section 8(1)(a) of the Broadcasting Act 1989DNZ: Waiting List – documentary – examined attitude of New Zealanders to organ donations and shortage of available organs – reference to ethnic differences – use of footage from tangi at the Mokai Kainga marae in Kawhia – complaint that archival footage used unfairly – upheld by TVNZ as a breach of Standard 6 and Guidelines 6e and 6h – action taken – footage will not be included if documentary screened again – footage would not be used again without appropriate approvals – apology offered to complainant and members of Mokai Kainga marae – action taken considered insufficient – broadcast apology soughtFindingsAction taken – insufficientOrderBroadcast of statementThis headnote does not form part of the decision. Broadcast [1] Attitudes to organ transplant and the shortage of donated organs were discussed in DNZ: Waiting List, broadcast on TV One at 8....

Decisions
Brice and The Radio Network Ltd - 2004-187
2004-187

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Radio Hauraki – skit implying that Polynesian women suffer significantly less post natal depression than other ethnic groups because additional children result in increased welfare benefits – allegedly encouraged denigration or discriminationFindingsPrinciple 7 and Guideline 7a (denigration and discrimination) – skit was obvious attempt at humour – falls within exception in Guideline 7(a)(iii) – not upheld This headnote does not form part of the decision. Broadcasts [1] On Radio Hauraki at around 7. 05am on Monday 20 September 2004, one of the presenters announced recent findings by the Auckland University of Technology that Samoan women have one of the lowest rates of post natal depression in the world. He said that researchers wanted to find out “why Samoan women escaped the baby blues” so that they could help other women....

Decisions
Lucy and Radio New Zealand Ltd - 1997-047
1997-047

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-047 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN LUCY of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Judge and Television New Zealand Ltd - 1998-113
1998-113

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-113 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A F JUDGE of Matamata TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Oluwole and NZME Radio Ltd - 2021-023 (21 July 2021)
2021-023

The Authority has not upheld a complaint about comments made by a caller on Newstalk ZB’s Tim Roxborogh show. The caller was explaining why he ‘fell out of love with Cuba’ and expressing disbelief that a place so close to the United States could be characterised by what he described as ‘poverty and the sheer nothingness of everything’, also saying, ‘you’re not in Africa… you are 90 miles from America’. The complaint was that this remark equated the entire African continent and its people with poverty, was discriminatory, and was not challenged by the host. The Authority acknowledged the complainant’s concerns, but found the passing reference by a caller did not reach the high threshold for a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Decisions
Waxman and Television New Zealand Ltd - 2020-042 (16 November 2020)
2020-042

The Authority has upheld a complaint about a broadcast which referred to the owners of the road cycling team ‘Israel Start-up Nation’ as ‘Jewish billionaires’. The complainant submitted the broadcast was offensive and racist as it made an unnecessary connection between money and Jewish people. The Authority found the effect of the broadcast was to embed and reflect harmful stereotypes, albeit unintended. The harm in this instance outweighed the broadcaster’s right to freedom of expression, and therefore the Authority upheld the complaint. Upheld: Discrimination and Denigration No order...

Decisions
Lerner and MediaWorks Radio Ltd - 2021-091 (13 October 2021)
2021-091

A segment on Magic Afternoons with Leah Panapa and Danny Watson on 1 July 2021 touched on the topic of Jewish people in Hollywood and included the comment ‘Hollywood was run by Jewish people. ’ The broadcaster conceded the comments made by the hosts ‘reflected a trope evoking prejudicial ideas’ and upheld a complaint under the discrimination and denigration standard. The Authority found the comments had the potential to affirm, further embed and spread negative stereotypes, but in the circumstances considered the action taken by the broadcaster was sufficient to address the breach. Not Upheld: Discrimination and Denigration (Action Taken)...

Decisions
Wayman and Television New Zealand Ltd - 2021-124 (1 December 2021)
2021-124

The Authority has declined to determine a complaint concerning a remark on 1 News about Pasifika people having a sense of comfort when dealing with clinicians and other staff who look like them. The complainant alleged this was racist. The Authority found in all the circumstances the complaint should not be determined as it concerned an interpretation of the remark that no reasonable viewer would reach. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration...

Decisions
Sharp and Television New Zealand Ltd - 1993-084
1993-084

Download a PDF of Decision No. 1993-084:Sharp and Television New Zealand Ltd - 1993-084 PDF500. 47 KB...

Decisions
Right to Life New Zealand Inc & Kavanagh and Television New Zealand Ltd - 2023-001 (1 May 2023)
2023-001

The Authority has not upheld complaints an item on Sunday breached the accuracy, balance, fairness, and discrimination and denigration standards. The broadcast featured a 30 minute report on Aotearoa New Zealand’s medical staffing shortages, and explored whether this issue could be alleviated by the migration of medical staff from the USA, particularly those dissatisfied with the Supreme Court’s recent overturning of Roe v Wade. The complainants considered the broadcast unbalanced, favouring a ‘pro-choice’ perspective....

Decisions
Casley & Stewart and Television New Zealand Ltd - 2023-075 (29 November 2023)
2023-075

The Authority has not upheld complaints about a Breakfast interview with Labour MP Tangi Utikere. During the interview, Utikere was asked about reports of a ‘leaker’ within the Labour caucus, and was repeatedly questioned on whether he himself was the leaker. The complainants alleged the interview amounted to bullying and denigrated Utikere. The Authority acknowledged the questioning was sustained, but was within the scope of the type of questioning expected of a politician, particularly in the lead up to an election, and the broadcast was not in breach of the fairness standard (with respect to treatment of Utikere or former Minister Kiritapu Allan). The balance and discrimination standards were either not applicable or not breached.   Not Upheld: Fairness, Balance, Discrimination and Denigration...

Decisions
Dobson and Television New Zealand Ltd - 2022-118 (8 February 2023)
2022-118

The Authority has not upheld a complaint two items on 1 News reporting on a political poll and interviewing several New Zealanders on the street breached multiple broadcasting standards. The complainant alleged the proportion of people interviewed was not an accurate or balanced representation of the political mood of the country, which was unfair to political parties, and certain comments constituted discrimination and denigration, or were inaccurate or unfair. The Authority held it was not a breach of broadcasting standards to feature ‘vox-pop’ interviews in proportions that do not match current political polling, and the standards either did not apply or were not breached in relation to other issues raised by the complainant concerning the broadcast. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Wakeman and Television New Zealand Ltd - 2022-057 (31 August 2022)
2022-057

The Authority has not upheld a complaint that two items on 1 News concerning Russia’s invasion of Ukraine breached the balance, accuracy, discrimination and denigration, and fairness standards. The first item reported on possible war crimes committed by Russia in Ukraine, and the second on New Zealand providing further financial and military aid to Ukraine. The Authority found the broadcaster made reasonable efforts to present significant points of view in the items, and the accuracy standard was not breached. While the complainant was concerned the broadcasts discriminated against Russian people, the Authority found the broadcasts did not refer to Russian people generally, and rather referred to the Russian government or its military. The fairness standard did not apply. Not upheld: Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Woods and Radio New Zealand Ltd - 2023-047 (30 August 2023)
2023-047

The Authority has not upheld a complaint an episode of Story Time, involving a reading of ‘Sight for Sore Eyes’ followed by comments from the announcer, breached the discrimination and denigration standard. The story was about a man in Eritrea suffering from trachoma, which was deteriorating his vision, who had his vision restored by a visiting eye doctor, Dr Fred Hollows. The announcer then recounted her, and a listener’s, experiences with the Fred Hollows Foundation. The complainant considered the broadcast used ableist language, implying blind people ‘require fixing’. The Authority found the language did not have this effect, was in keeping with the context of a fictional story about the treatment of preventable blindness, and did not carry any malice. Therefore the broadcast did not reach the threshold for breaching the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

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