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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-033 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN LOWE of Oakura Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-001 Dated the 23rd day January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

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....

SummaryRadio Wha Waho was the name of a light-entertainment series set in a Maori radio station produced by TVNZ and broadcast weekly on Channel Two on Friday evenings starting on 15 October 1993. The directors of AKO Ltd complained to Television New Zealand Ltd that the first four programmes in the series misused the Maori language and invited viewers to laugh at rather than with the Maori characters. As a result, the series had had a negative impact on Maori business and, they argued, should be withdrawn. While acknowledging two language errors which it described as minor, TVNZ said the scripts were re-worked by members of its Maori Department to ensure that the programmes dealt sensitively with Maori humour and were not denigratory. It maintained that the broadcasts did not breach the standards. Dissatisfied with TVNZ's response, the complainants referred their complaint to the Broadcasting Standards Authority under s....

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

The Authority has not upheld a complaint that ACT leader David Seymour MP was bullied and treated unfairly on Magic Afternoons with Sean Plunket. Mr Seymour called the show to present his perspective on comments made by Mr Plunket moments earlier about Mr Seymour’s motivation for sponsoring the End of Life Choice Bill. The Authority found that, while Mr Plunket’s interviewing style was robust and challenging, Mr Seymour was not treated unfairly given the nature of the programme, the fact that Mr Seymour initiated the conversation and expressed his views, and Mr Seymour’s position and his experience with the media. The Authority also found that the broadcast did not breach the balance standard as it did not amount to a discussion of a controversial issue of public importance, which is required for the balance standard to apply....

The Authority has not upheld a complaint under the discrimination and denigration standard about a broadcast in which two co-hosts made fun of the third for giving his pet pig a name shared by ‘one of the most powerful figures in the Nazi Party’, and the three of them joked about distinguishing names associated with Hitler and the Nazis by spelling them differently. The Authority noted the comments may be considered distasteful, in that they trivialised the notoriety of Hitler and the Nazis, but found they did not meet the high threshold required to find a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

ComplaintTV2 Big Comedy Gala – offensive language – "fuck, shit, motherfucker" – religious skit – denigrated Christians FindingsStandard G2 – stand-up comedy – AO time – preceded by a warning – offensive language used infrequently – not inappropriate in context – no uphold Standard G13 – did not amount to denigration – no uphold This headnote does not form part of the decision. Summary The programme TV2 Big Comedy Gala, featuring stand-up comedians in a night club setting, was broadcast on TV2 at 10. 05pm on 19 May 2001. A M Langford complained to Television New Zealand Ltd, the broadcaster, that some of the language was very offensive, and one skit ridiculed the Christian faith. In reply, TVNZ acknowledged that the broadcast might not have been to everyone’s taste....

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sean Plunket Morning – host interviewed Dr Paul Connett about his views against fluoridation of water – allegedly in breach of controversial issues, fairness and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme discussed a controversial of public interest – period of current interest is ongoing so listeners aware of other views – Dr Connett was given ample opportunity to present his perspective – not upheld Standard 6 (fairness) – interview was robust but reasonable and good-natured – Dr Connett treated fairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

ComplaintNewstalk ZB – Larry Williams Drive Show – interview with General Manager of Mitsubishi Motors on sponsorship withdrawal from the Holmes television programme – host allegedly trivialised Holmes’ comments on Kofi Annan – host’s comments allegedly racist FindingsPrinciple 7 Guideline 7a – legitimate interview – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Larry Williams, the host of the Larry Williams Drive Show on Newstalk ZB, interviewed the General Manager of Mitsubishi Motors on its sponsorship withdrawal from the Holmes television programme. The host commented critically on the reasons for the withdrawal and then received four calls from the public, all of whom condemned Mitsubishi’s decision. [2] Milton Cassidy complained to The Radio Network Ltd, the broadcaster, that Larry William’s comments trivialised the racist comments made by Paul Holmes about Kofi Annan....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws Talkback – host expressed view that medical personnel were deliberately overmedicating patients with dementia causing them to die – complainant called station to challenge host’s comments but was cut off – host used the term “zombie” to refer to person with dementia – allegedly in breach of standards relating to accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – broadcasters have the right to screen calls, as a matter of editorial discretion, provided they comply with the requirements of fairness – host did not make any derogatory or abusive comments but simply chose not to engage with the complainant which was not unexpected in the context of talkback radio and the programme – complainant not treated unfairly – not upheld Standard 5 (accuracy) – host did not make unqualified statements of fact (guideline 5b) – programme was not inaccurate or…...

Download a PDF of Decision No. 1993-029:Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029 PDF815. 18 KB...

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Summary [This summary does not form part of the decision. ]The George Selectah Show included audio from a YouTube parody of an advertisement for ‘Chaffers New Zealand Style Deck Sealant’, making fun of the way New Zealanders pronounce the word ‘deck’ to sound like ‘dick’. The Authority did not uphold the complaint that comments such as ‘every kid in the neighbourhood has been on my dick’ were in bad taste and joked about paedophilia. This was clearly intended to be humorous and did not promote or endorse paedophilia. Most regular listeners of George FM would not have been offended, taking into account the station’s target audience, and that the content was broadcast during school time when children were unlikely to be listening....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...

SummaryAccording to host John Banks, in his programme broadcast on Radio Pacific on 31 July 1998 between 6. 00-9. 00am, New Zealand needed allies like the Americans to protect it from enemies like Japan. Other similar references were made to Japan and its people. Mrs Knight complained to Radio Pacific Ltd, the broadcaster, that the remarks should not have been broadcast. In her view, the only purpose of the comments was to engender negative feelings among New Zealanders about Japan. She considered they were personal views, which Mr Banks should have kept to himself. Mrs Knight asked for an explanation and apology. In its response, Radio Pacific emphasised that talkback was a forum in which a variety of views could be expressed, even those which were contentious and provocative. It suggested that those who objected to Mr Banks’ views should phone and have their say on air....

ComplaintRadio Tarana – Saheri Programme – comments made about presenter of another programme broadcast by Radio Tarana – Aaj Juma Hai – comments unfair and derogatory FindingsPrinciple 5 – no tape available – decline to determine Principle 7 – no tape available – decline to determine This headnote does not form part of the decision. Summary [1] A difference in religious observance as to whether, after a Muslim person dies, dates and times needed to be fixed for making supplications was aired on programmes broadcast on Radio Tarana in November 2002. On the Saheri programme, a Muslim priest stated that dates and times did not need to be fixed. The contrary view was advanced on the Aaj Juma Hai programme broadcast on 15 November, sponsored by the New Zealand Milad Committee and presented by Mr Mujeeb Sayed Hydrabadi....

ComplaintOne News – car accident in which complainant’s son killed – reference to speed and alcohol – driver had not been drinking – poor taste – inaccurate – unfair – discriminatory FindingsStandard G1 – expression of opinion – no uphold Standards G2 and G13 – comments acceptable and did not encourage denigration – no uphold Standard G4 – a number of implications – implication about alcohol involvement no stronger than others – no uphold This headnote does not form part of the decision. Summary [1] A news item about road safety following 15 road deaths in five days over the Christmas holiday period, focused on one of the more recent deaths. A couple whose truck had been struck by a car which was airborne after striking the kerb, and in which one young man was killed, spoke about being extremely angry on seeing beer in the car....