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Complaint under section 8(1)(b) of the Broadcasting Act 1989South Park – picture of a statue of Jesus Christ – voice said “Look at me, I’m Jesus. Would you like me to crap on you Mr Bush?...

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB Christchurch – “Stick of the Week” awards – host nominated and named both the parents of and a pre-schooler who had been involved in altercation with Mayor – child allegedly exposed to ridicule and humiliation – privacy allegedly breached FindingsPrinciple 3 (privacy) – facts disclosed already in public domain – not upheld Principle 6 (fairness) – child object of sympathy, not ridicule – not upheld Principle 7 (denigration) – item did not deal with specified section of community – not upheld This headnote does not form part of the decision. Broadcast [1] “Stick of the Week”, a negative albeit light-hearted award, is a long-running segment of the Friday morning show on Newstalk ZB in Christchurch....

Complaint Classic Hits FM: comments about Michael Douglas and Catherine Zeta-Jones expecting a child: (1) racist remarks – offensive language; (2) denigrated Jewish people Findings(1) Principle 1 – majority – no breach, not racist – no uphold (2) Principle 7 – majority – legitimate use of humour – no uphold This headnote does not form part of the decision. Summary In a broadcast on 31 January 2000, a presenter on Classic Hits FM announced that Michael Douglas and Catherine Zeta-Jones were expecting a child, and that Ms Zeta-Jones was considering converting to Judaism. The presenter added "and I suppose the baby will have a long nose and be good with money. Only joking. " Nicholas Koenig complained to The Radio Network Ltd that the comment was both offensive and derogatory. He sought a formal apology....

ComplaintLexus Sunday Theatre: Hound of the Baskervilles – Promo – Jesus Christ – blasphemy FindingsStandard 1 and Guideline 1a – context – no uphold Standard 6 and Guideline 6a – did not encourage denigration – no uphold This headnote does not form part of the decision. Summary [1] "Jesus Christ" was the phrase uttered by a character shown in the promo for The Hound of the Baskervilles. The promo for the Sherlock Holmes drama, to be screened on "Lexus Sunday Theatre", was broadcast on TV One at about 7. 15pm on 31 May 2003. [2] Evan Swale complained to Television New Zealand Ltd, the broadcaster, that use of the phrase "Jesus Christ" was denigratory, and insulting and offensive. [3] In response, TVNZ acknowledged that the use of the phrase in that way could cause offence to devout Christians....

ComplaintSun FM – announcer’s alleged misconduct – disparaging comments about complainant – breach of privacy FindingsIssue primarily a work-related dispute Principle 7 – decline to determine Privacy – decline to determine This headnote does not form part of the decision. Decision Following a work-related dispute, an announcer at Whakatane’s Sun FM allegedly made disparaging comments about the complainant on air on one occasion, and allegedly breached her privacy on air on another. The complainant had been a voluntary worker at Sun FM. The complainant, SB, complained to Sun FM, the broadcaster, that a broadcast on 28 November 2000 breached the requirement in Principle 7 of the Radio Code of Broadcasting Practice for broadcasters to be socially responsible in programmes and their presentation. She complained to the Broadcasting Standards Authority that a broadcast on 1 December 2000 breached her privacy....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 158/95 Dated the 19th day of December 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LLOYD MINCHINGTON of Christchurch Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

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....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-092 Dated the 17th day of July 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBITA JOHNSTON of Tauranga Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...

Summary[This summary does not form part of the decision. ]Four episodes of The Windsors, a British satirical comedy series, parodied the British Royal Family with reference to topical events. The episodes featured exaggerated characters based on members of the British Royal Family and contained offensive language and sexual material. The Authority did not uphold a complaint that the episodes failed general standards of common taste and decency, and denigrated and ridiculed the Queen and her family. The Authority found that the episodes were clearly satirical and intended to be humorous. While this particular brand of humour may not be to everyone’s liking, the right to freedom of expression includes the right to satirise public figures, including heads of state. In the context of an AO-classified satirical comedy series, which was broadcast at 8....

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....

Download a PDF of Decision No. 1993-098–099:McElroy and Pryor and Television New Zealand Ltd - 1993-098, 1993-099 PDF802. 78 KB...

SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

The Authority has not upheld a complaint about a 1 News item on Tross Publishing, which it reported had been ‘accused of publishing books that are anti-Māori, inaccurate and harmful’ and discussed the use of its books in schools. While the complainant was concerned the broadcast was ‘anti-white’ and ‘anti-immigrant,’ the Authority found it did not encourage the denigration of, or discrimination against ‘white’ people, and that immigrants are not a recognised section of the community for the purposes of the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the item, the broadcast did not breach the accuracy standard, and Tross Publishing was treated fairly in the broadcast. Not Upheld: Discrimination and Denigration, Balance, Accuracy, Fairness...

ComplaintRadio Sport – Martin Devlin – Japanese "vile gits" – East Timorese "gooks" – offensive language – racist – denigratoryFindingsPrinciple 1 – talkback context – strong language to be expected – no uphold Principle 7 – reference to East Timorese militia as "gooks" racist and denigratory – upholdOrderCosts of $500 to Crown This headnote does not form part of the decision. Summary Japanese were referred to by the host as "vile gits" and "pricks" in the context of their whaling practices on a Radio Sport programme broadcast on 27 September 2000 at about 8. 30am. The host suggested that helicopter gunships should be sent to blow up their whaling boats. Next, a guest contributor on the programme referred to East Timorese militia as "gooks". Doug Richards complained to The Radio Network Ltd, the broadcaster, that the remarks were offensive and racist....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Danny Watson – discussion about the Catholic Church’s excommunication of the mother and doctor of a nine-year-old girl in Brazil who had been raped, become pregnant, and had an abortion – the view of one of the people who rang in support of the Church’s actions was later criticised by other callers – a number of callers rang in criticising the Church’s actions – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 6 (fairness) – complainant and Catholic Church treated fairly – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 Standard 7 (discrimination and denigration) – criticisms of the Catholic Church lacked necessary invective for a breach of the standard – robust nature of talkback – not upheld This headnote does not form part of the…...