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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Thomas the Tanked Engine – use of the word “faggot” – allegedly in breach of social responsibility Findings Principle 7 (social responsibility) and guideline 7a (denigration) – threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called Thomas the Tanked Engine, broadcast on Radio Hauraki’s Breakfast Show on 29 October 2007, the word “faggot” was used by the character Thomas. The following exchange took place between the characters Thomas and Percy: Thomas: Look Percy, there are the two key members of “King”. Percy: Queen. Thomas: Faggot. Percy: No Thomas, they’re (indistinct), oh never mind. . . Complaint [2] Michael Botur made a formal complaint to The Radio Network (TRN), the broadcaster, alleging that the character’s use of the word “faggot” was in breach of social responsibility standards....

ComplaintRadio Sport – host Doug Golightly – men’s refuges derided as unnecessary for real New Zealanders – only use was for beaten partners of homosexual men – complainant’s email misread – unfair – irresponsible FindingsPrinciple 7 Guideline 7a – high threshold not reached – no uphold Principle 5 – change to email – implication that writer was homosexual – complainant not identified – on balance not unfair – no uphold This headnote does not form part of the decision. Summary [1] The Radio Sport programme on Saturday morning 17 August 2002, hosted by Doug Golightly, included a number of references to men’s refuges. The host questioned their need for "real" New Zealanders, suggesting that only the beaten partners of homosexual men would use them. That attitude was reflected in his comments on some emails he referred to during the broadcast....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

ComplaintNewstalk ZB – Larry Williams Show – political commentator used term “house niggers”– offensive language – unfair – integrity of current affairs compromised – encouraged denigration FindingsPrinciple 1 – not offensive in context – no uphold Principle 6 – not relevant Principle 7 – no discrimination – no upholdThis headnote does not form part of the decision. Summary [1] During a broadcast of the Larry Williams Show on Newstalk ZB, Barry Soper, a political commentator, referred to a comment made by Titewhai Harawira, a Maori political activist. The commentator recalled that the activist had referred to Maori Members of Parliament as “house niggers”. The broadcast occurred shortly before 5. 00pm on 16 September 2003. [2] Barbara Grover complained to The Radio Network Ltd (TRN), the broadcaster, that the comment was offensive, compromised the integrity of current affairs and encouraged denigration. [3] TRN declined to uphold the complaint....

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Summary [This summary does not form part of the decision. ] During Talkback with Sean Plunket, one caller expressed views opposing drilling including the fact drilling resources were sent to China who manufactured it into ‘crap’. Later in the programme, the host sarcastically referred back to the caller’s comments, referring to the ‘Damn Chinese’. The Authority did not uphold the complaint that his comments were offensive and disrespected Chinese people. The host was being sarcastic, and was actually defending China, not being derogatory. In any case the comments did not carry any invective and did not encourage the denigration of, or discrimination against, Chinese people. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Sean Plunket, one topic of discussion was proposed offshore drilling in Taranaki....

Summary [This summary does not form part of the decision. ]A One News item reported on a new prenatal test for Down Syndrome. The Authority did not uphold the complaint that the item discriminated against people with Down Syndrome and was unbalanced because it did not show a situation where identifying a baby with Down Syndrome was viewed positively. Comments suggesting that a low probability of having a baby with Down Syndrome was ‘good news’ were clearly the personal opinions of the interviewees and were not endorsed by the programme. The item itself made no judgement about the test or the outcome of testing in terms of whether a foetus diagnosed as having Down Syndrome was a good or a bad thing. The item was squarely focused on the benefits of the new test in that it was more accurate, and less invasive than other procedures....

The Authority has upheld a complaint that comments made by Mike Hosking during his ‘Mike’s Minute’ segment were misleading in breach of the accuracy standard. Mr Hosking made statements referring to death-rate statistics in Italy related to COVID-19, including that ‘99. 2% percent died with underlying health issues. In other words, the very things that were killing them anyway, at over 1,600 per day’. The Authority found the comments were misleading as the broadcaster conflated its own conclusions, drawn from a study into Italy’s COVID-19 figures, with the figure of 1,600 deaths per day, which was based on 2018 population data and ignored both cause of death and the notion of ‘excess mortality’. In this respect, the Authority emphasised the importance of data literacy among broadcasters and journalists, to ensure statistics are not misinterpreted or misrepresented....

The Authority has declined to determine a complaint about a 1News broadcast discussing racial tensions arising from coalition government policies. The item mentioned a 1News Verian poll on whether the coalition government’s policies were increasing, decreasing, or making no real difference to racial tensions in Aotearoa New Zealand. The complainant alleged the broadcast, and the poll were ‘incredibly biased’ and that the broadcast breached the discrimination and denigration, accuracy, balance, and fairness standards. The Authority declined to determine the complaint on the basis it raised issues under the accuracy, balance, and fairness standards that could all be dismissed on grounds previously explained to the complainant; the broadcast could not be considered to encourage discrimination or denigration; and the complaint concerned issues of personal preference and had been adequately addressed in the broadcaster’s decision....

A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

The Authority has not upheld a complaint about an item on Morning Report, which discussed efforts to increase diversity in local government bodies. The complainant considered the comment ‘pale, male and stale’ made during the broadcast was derogatory towards older white men, and breached the discrimination and denigration standard. The Authority found the comments 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...

The Authority has upheld complaints from two complainants about a segment of Punjabi talkback programme Panthak Vichar, broadcast on Access Community Radio Inc (Planet FM). During the programme, the hosts made a number of allegations against the complainants, regarding their fundraising activities and whether they were trustworthy, and played a recorded phone conversation with Jaspreet Singh on-air. The Authority found that the comments reflected negatively on the complainants, and that Jaspreet Singh would not have known that the phone call would be played on-air. The Authority upheld the complaint under the fairness standard but did not uphold the remaining aspects of the complaint. Upheld: Fairness. Not Upheld: Accuracy, Privacy, Good Taste and Decency, Programme Information, Discrimination and Denigration...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Hauraki – hosts on breakfast show referred to Helen Clark donating a testicle – allegedly in breach of good taste and decency and social responsibility. Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) – item light-hearted and satirical in nature – broadcaster was mindful of children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] At 8. 30am on 11 May 2007, Radio Hauraki broadcast a segment in its breakfast show hosted by the "Morning Pirates", Willy De Wit, Mark Perry and Dean Butler. One of the hosts described a story about a woman in the UK who had recently donated her kidney to her employer, who was in need of a transplant....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – talkback host discussed politicians and the use of binding referenda – host compared people who did not agree with the use of binding referenda to a woman meeting a man for the first time and saying "I'm yours, do anything you want with me" – allegedly in breach of good taste and decency, law and order, controversial issues, discrimination and denigration and responsible programming Findings Standard 1 (good taste and decency) – host's remark did not invoke connotations of rape – not upheld Standards 2 (law and order), 4 (controversial issues – viewpoints), 7 (discrimination and denigration) and 8 (responsible programming) – standards not applicable – not upheld This headnote does not form part of the decision....

Summary The promo for an edition of 60 Minutes broadcast on 6 February 1999 referred to a story about short people and raised an issue about their decision to "breed". Mr Price of Wellington complained to Television New Zealand Ltd, the broadcaster, that he was offended by the use of the word "breed" in that context, as he considered it was more appropriately used in connection with animals and plants than with people. He wrote, "People, even short ones, ‘have children’. " TVNZ did not agree that the verb "to breed" had a pejorative meaning, and pointed to the dictionary definition of the word as " to bear, to generate (offspring)". It said it found no breach of either standard G2 or G13. The item, it continued, was a very positive one, and described how the gene which caused dwarfism had been identified....

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…...

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…...

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....