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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-188 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET CHAPMAN of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

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....

A 1 News presenter used the term ‘gypsy day’ when reporting on the annual relocation of sharemilkers. The Authority upheld a complaint that this breached the discrimination and denigration standard. The Authority highlighted the importance of responding to societal change: terms that may have been acceptable in the past, may not necessarily be acceptable in the future. While not used to express malice or hatred, the phrase is derogatory and evokes prejudicial biases towards the Roma community. When used in this context, it is capable of embedding existing negative stereotypes. Upheld: Discrimination and Denigration No order...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge – “Hug-a-Ginga Day” promotion – listeners encouraged to “hug” people with red hair – allegedly in breach of good taste and decency, privacy, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency), Standard 3 (privacy), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – recording of broadcast unavailable – majority of the Authority declines to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Friday 28 May 2010 was “Hug-a-Ginga Day”, run by The Edge radio station and in particular its breakfast programme, The Edge Morning Madhouse. The hosts encouraged the public to “hug” people with red hair....

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....

ComplaintChannel Z – News item – arrest of man for the kidnapping of Kahurautete Durie – reported that the accused expected to have a hard time in jail – announcer expressed pleasure at that prospect – offensive, unfair and unbalanced – broadcaster upheld aspect that item failed to distinguish between fact and opinionFindingsPrinciple 1 – not offensive – no upholdPrinciple 2 – did not encourage breach of law – no upholdPrinciple 3 – accused not named – no breach of privacy – no upholdPrinciple 4 – not unbalanced – no upholdPrinciple 6 – facts sourced and distinguished from opinion – no upholdPrinciple 7 – gang spokesmen cited – no upholdThis headnote does not form part of the decision. Summary[1] The arrest of a 54 year-old man accused of kidnapping Kahurautete Durie was reported in a news item on Channel Z broadcast at 8. 00am on 22 April 2002....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to Israelis – “they’ve got balls but no foreskins” – allegedly offensive and derogatory Findings Principle 1 (good taste and decency) – context – not upheld Principle 7 and Guideline 7a (encouraging denigration or discrimination) – neither denigration nor discrimination seriously encouraged – not upheld This headnote does not form part of the decision. Broadcast [1] While speaking with regular Sydney correspondent Steve Price about terrorism in the Middle East among other matters, the host of Paul Holmes Breakfast (Paul Holmes) commented about the Israelis: “They’ve got balls but no foreskins”. The comment was made on Newstalk ZB at about 6. 55am on Tuesday 23 March 2004. Complaint [2] Graham Wolf complained to The Radio Network Ltd, the broadcaster, that the comment was offensive....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the Conservative Party leader and apparent party practices – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – item was a legitimate and straightforward news report – did not encourage the denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] An item on 3 News, broadcast on 7 May 2012 on TV3, was introduced by the newsreader as follows: Colin Craig’s Conservative Party has a distinctly Christian streak and so does his workplace. 3 News has learned it includes weekly prayers often led by him. Craig says it’s something other employers should adopt, just like Friday night drinks....

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

Summary[This summary does not form part of the decision. ]The Authority did not uphold a complaint about the broadcast of the song ‘Hurricane’ by Bob Dylan, which contained the words: ‘And to the black folks he was just a crazy nigger’ [emphasis added], on Coast FM. The complainant found the use of the word in question to be ‘offensive, racist and unacceptable’. The Authority acknowledged the power of the word and that its use is highly contentious in New Zealand. The Authority acknowledged that its role is to reflect community standards and noted that its recent research, Language That May Offend in Broadcasting, showed a significant portion of the public find the use of this word in broadcasting to be unacceptable. However, the Authority also recognised the importance of context in determining whether a broadcast has breached broadcasting standards....

Summary [This summary does not form part of the decision. ]The Authority declined to uphold the complaint that an episode of Jeremy Kyle, a talk show dealing with relationship breakdowns between guests, breached broadcasting standards. The complainant’s objections related to the nature of the series in general, rather than specific content in this episode. While elements could have caused discomfort or distress for viewers, the episode was consistent with audience expectations of the talk show genre, was rated PGR and was broadcast at a time when AO programmes are permitted, during the school term, so children were unlikely to be watching....

Summary [This summary does not form part of the decision. ]A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The Authority did not uphold the complaint that the item did not sufficiently include balancing comment. The item presented a number of comments in support of the beneficiaries, and it was clear the interviewees were offering their own opinion, which is not subject to standards of accuracy. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The item featured Social Development Minister Paula Bennett explaining the rationale for restricting beneficiaries’ overseas travel and expressing disappointment with the latest statistics. The item also included comment from Green Party co-leader Metiria Turei and Auckland Action Against Poverty spokesman Alastair Russell....

Summary[This summary does not form part of the decision. ]An audio clip promoting the ZM radio station stated that ZM played ‘hit after hit after goddamn hit’. The Authority did not uphold a complaint that the phrase ‘hit after goddamn hit’ was offensive to those who hold Christian or other religious beliefs and contrary to children’s interests. The Authority acknowledged that use of the term ‘goddamn’ may have caused offence to some listeners. However, in this case it was used as part of the station’s promotional messaging for playing continuous music and was not dwelt upon. Taking into account the right to freedom of expression, and the context of the broadcast, the term ‘goddamn’ could not be said to have encouraged the denigration of, or discrimination against, all Christians or others who hold religious beliefs....

The Authority has not upheld a complaint about an item on 1News about a spate of dog attacks in South Auckland. During the item’s introduction, an image of a black and white dog was depicted behind the presenter. The complainant said the image was of a Staffordshire Bull Terrier (‘Staffy) and its use may erroneously ‘encourage viewers to be fearful of Staffies, maybe even encouraging mistreatment’. The Authority found use of the image would not have caused viewers to fear or mistreat Staffies. The item did not suggest certain dog breeds are dangerous. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item on New Zealand fruit exports to Australia – interviewee said “Who is the World Trade Organisation? They are all Pakeha” – allegedly denigratory of PakehaFindingsStandard 6 (fairness) and Guideline 6g (denigration) – comment more expression of frustration at lack of Māori input to finding a solution – not intended to be denigratory of Pakeha – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Te Karere on 24 June at 6am. Te Karere contained an item about the continuing opposition from Australia to New Zealand apple imports. The item included an interview with Mr Maanu Paul, a kiwifruit grower from Whakatane....

ComplaintHolmes – studio discussion about Police Education Child Protection Scheme – bullying tactics – unbalanced – biased FindingsStandards G3, G4 and G6 – interviewee given opportunity to voice concerns – dealt with fairly – issue not dealt with in unbalanced manner – no uphold Standard G13 – not relevant This headnote does not form part of the decision. Summary A studio discussion on the Holmes programme, broadcast on TV One at 7. 00pm on 14 November 2000, centred around the controversial Police Education Child Protection Scheme. The scheme encouraged schools to teach even their youngest pupils the names of intimate body parts, and aimed to assist children to talk unashamedly about issues such as unwanted touching. W T Lewis complained to Television New Zealand Ltd, the broadcaster, that the programme was "offensive and biased" because the presenter had "verbally bullied" one of the participants in the studio discussion....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – item reported on saving fuel costs – contained a number statements about hybrid cars, including the following comment which referred to the Toyota Prius, “The bottom line is that the British Consumer’s Institute just did a comparison between a diesel car and a hybrid car and found that the diesel car was in fact more efficient....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go Ad Awards – two teams of advertisers were asked to “sell us Quade Cooper for New Zealand’s next Prime Minister” during live advertising awards – included comments such as, “everyone hates Quade Cooper” – allegedly in breach of fairness and discrimination and denigration FindingsStandard 6 (fairness) – piece was intended to be light-hearted and humorous, rather than malicious or abusive – presented in the spirit of good-natured ribbing and team rivalry – Mr Cooper not treated unfairly – 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....