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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....

ComplaintPaul Holmes Breakfast on Newstalk ZB – derogatory comment about Catholic Church and the Pope FindingsPrinciple 7 and Guideline 7a – intemperate and populist contribution to global debate – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Referring to some recent publicity about priests who were paedophiles, the host of Paul Holmes Breakfast on Newstalk ZB made some highly critical comments about the Catholic Church and the Pope, including describing the Church as rotten to its core. The comments were broadcast at about 8. 20am on 1 July 2002. [2] Kathleen and Patrick McCartain, and Irene Angus, complained to The Radio Network Ltd (TRN), the broadcaster, that while they accepted critical opinion, they did not accept comments in which their faith and beliefs were "ridiculed so blatantly"....

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

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. ] During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters....

Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...

Download a PDF of Decision No. 1993-063:Milnes and Television New Zealand Ltd - 1993-063 PDF445. 85 KB...

Download a PDF of Decision No. 1993-075:Sharp and Television New Zealand Ltd - 1993-075 PDF484. 07 KB...

Download a PDF of Decision No. 1993-094:Clyne and TV3 Network Services Ltd - 1993-094 PDF377. 3 KB...

Download a PDF of Decision No. 1991-065:Effron and Television New Zealand Ltd - 1991-065 PDF372. 4 KB...

Summary [This summary does not form part of the decision. ] An episode of Neighbours at War reported on allegations made by the complainant against her neighbour. The Authority did not uphold her complaint that the programme was biased and distorted the true situation, and that her cell phone footage was broadcast without her consent. The broadcaster dealt with the situation in an even-handed way and the complainant was given every opportunity to tell her side of the story. She was not treated unfairly, and she had consented to her involvement in the programme. Not Upheld: Fairness, Privacy, Accuracy, Good Taste and Decency, Law and Order, Discrimination and Denigration, Responsible Programming, Children’s Interests Introduction [1] An episode of Neighbours at War, a reality TV series involving disputes between neighbours, reported on allegations made by the complainant, EP, against her neighbour....

Summary [This summary does not form part of the decision. ] On Newstalk ZB on 2 April 2014, in response to a news item reporting that the average New Zealand woman weighed 72 kilograms, the host Rachel Smalley could be heard, during an advertisement break, referring to these women as ‘heifers’ and ‘a bunch of lardos’. The Authority did not uphold the complaint that the action taken by the broadcaster was insufficient, or that the comments breached standards of good taste and decency. Size or weight is not one of the specified sections of the community under the discrimination and denigration standard, the comments were off the cuff and not intended for broadcast, and the host and the broadcaster both issued public apologies....

Summary [This summary does not form part of the decision. ] During Talkback with Karyn Hay and Andrew Fagan, the host Mr Fagan made comments about a regular caller, the complainant, who went by the name of ‘Alex’. He said ‘back in 17-something… I’d meet him on the beach as the sun came up and I’d potentially kill him or let him kill me in a duel’. The Authority did not uphold the complaint that the host had made a ‘veiled death threat’ against the complainant. It was clear the host was not making a serious death threat, but was using provocative, metaphorical language to express his strong views about the complainant. Not Upheld: Law and Order, Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Karyn Hay and Andrew Fagan, Mr Fagan made comments about a regular caller who went by the name of ‘Alex’....

Summary [This summary does not form part of the decision. ] At the conclusion of an interview with a scientist on The Paul Henry Show, Mr Henry asked her, ‘Did you have sex with Richard Branson? ’ The Authority did not uphold the complaint that the question was inappropriate and discriminated against women. It was a provocative remark that was not unduly surprising given Mr Henry’s well-known style. It was also relevant that the scientist herself was apparently not offended and was aware she might be questioned about Mr Branson. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During The Paul Henry Show, Mr Henry interviewed a scientist, Dr Michelle Dickinson, about her research. At the end of the interview he asked about her recent experience staying with Richard Branson, a well-known businessman....

Summary [This summary does not form part of the decision. ]The hosts of Environment Matters discussed their views and opinions which were critical of conventional medicine and medical professionals. The Authority declined to uphold the complaint that the broadcast was unbalanced, irresponsible and denigrated medical professionals. Environment Matters was not a factual programme to which the balance standard applied and the hosts were clearly expressing their personal views so listeners would not have been unduly alarmed or distressed. Medical professionals are not a section of the community to which the discrimination and denigration standard applies. Not Upheld: Controversial Issues, Responsible Programming, Discrimination and DenigrationIntroduction[1] During a programme called Environment Matters the hosts discussed a number of topics and made numerous comments that were heavily critical of conventional medicine and medical professionals....

Summary[This summary does not form part of the decision. ]Several weeks before Waitangi Day, during Mike’s Minute on Newstalk ZB, host Mike Hosking made comments critical of Ngāpuhi leader Kingi Taurua and his stance on the Trans-Pacific Partnership. Mr Hosking also suggested that the Prime Minister should ‘flag Waitangi’ because it is an ‘annual ritual of abuse and anger and ignorance’. The Authority did not uphold a complaint alleging that the item encouraged discrimination against Māori and Ngāpuhi and was unbalanced. While the Authority recognised that Mr Hosking’s comments could be considered by some to be insensitive, they were clearly his opinion and protected under the right to freedom of expression. The comments were not framed as reflecting on Māori generally and did not reach the high threshold necessary to encourage discrimination or denigration....

Summary [This summary does not form part of the decision. ]Neighbours at War reported on a dispute between the complainant and his neighbour over who was entitled to the letterbox number '1' on their street. The complainant did not take part in the programme, and his neighbour made a number of allegations against him, including that he had sex on his deck, mowed the lawn in his underwear, watched his neighbours in their spa bath, and disturbed them with loud music and security lights. The broadcaster upheld two aspects of his fairness and privacy complaints, but the Authority found that the action taken by the broadcaster to remedy the breaches was insufficient. The programme overall painted the complainant in a very unfavourable light and without his side of the story, which was unfair. The Authority considered publication of this decision was sufficient and did not make any order....

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem? ’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community....