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Decisions
Busse and Milner Busse and Television New Zealand Ltd - 2012-038
2012-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Pike River Inquiry and new evidence that manager at the mine sent emails about a new job minutes after the explosion – reporter quoted a miner’s mother who had called out, “This is while my boy was dying! Jesus Christ!...

Decisions
Kearney and Television New Zealand Ltd - 2002-200
2002-200

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....

Decisions
Gibson and RadioWorks Ltd - 2010-020
2010-020

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Madhouse – host referred to George Michael as a “homo” – allegedly in breach of discrimination and denigration FindingsStandard 7 (discrimination and denigration) – standard applies to sections of the community – host’s comment did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During The Edge Morning Madhouse programme, broadcast on The Edge on the morning of Friday 5 February 2010, one of the hosts, Dom, had to guess which celebrity his co-host and wife, JJ, would leave him for. Dom’s guess was incorrect, but JJ’s best friend guessed correctly that JJ was thinking of singer George Michael. Dom remarked, “But he’s a homo! ” and JJ responded, “I know he’s gay, but if he went straight I’d so be there”....

Decisions
Jordan and TVWorks Ltd - 2009-153
2009-153

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sports Tonight – presenter referred to the English netball team as “Poms” – allegedly in breach of discrimination and denigration Findings Standard 7 (discrimination and denigration) – term was affectionate slang rather than abusive – did not carry level of invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Sports Tonight, broadcast on TV3 at 11pm on Wednesday 21 October 2009, the presenter referred to the New Zealand netball team beating “the Poms in overtime in a one-off test last week”. Complaint [2] Gary Jordan made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the term “pom” was a racial slur against English people and should not be broadcast. He considered the term to be derogatory and offensive....

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

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....

Decisions
Hawthorne and MediaWorks Radio Ltd - 2014-096
2014-096

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’....

Decisions
Henderson and Television New Zealand Ltd - 2013-053
2013-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenters used the term “anti-gay” to refer to people who opposed same-sex marriage – allegedly in breach of accuracy, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – while use of term “anti-gay” was sloppy, and incorrect when taken in isolation, it was corrected by context of discussion about gay marriage – not upheld Standard 7 (discrimination and denigration) – term “anti-gay” was used in context of discussion about gay marriage and did not carry any malice or invective – did not encourage discrimination or denigration against people opposed to same-sex marriage – not upheld Standard 8 (responsible programming) – viewers would not have been deceived – not upheld This headnote does not form part of the decision....

Decisions
Jack and MediaWorks TV Ltd - 2017-084 (15 December 2017)
2017-084

Summary[This summary does not form part of the decision. ]During a segment on The Project, the hosts discussed a new artificial intelligence technology capable of detecting a person’s sexual orientation through analysis of their facial features. In response, presenter Jesse Mulligan commented, ‘That’s an amazing story, a computer can tell if you’re gay or not. I hope the computer can keep a secret. ’ The Authority did not uphold a complaint that this comment ‘perpetuated the prejudiced view that homosexuality [was] something to be kept secret and… shameful’. The Authority found that, while Mr Mulligan’s comment could be seen as ‘clumsy’ or tactless, it was clearly intended to be humorous and it did not actively encourage the different treatment, or devalue the reputation of, gay people as a section of the community....

Decisions
Haines and NZME Radio Ltd - 2017-039 (17 July 2017)
2017-039

Summary[This summary does not form part of the decision. ]During a talkback segment on the Leighton Smith Show, the host discussed the recent legal personhood granted to the Whanganui River. The complainant, Mr Haines, phoned in to the programme to discuss the issue. After a two-and-a-half minute conversation, Mr Smith responded that it was ‘stupidity to give [the Whanganui River] equal status as a person. Now get off the phone,’ and made comments about Mr Haines self-identifying as Māori. The Authority did not uphold a complaint that Mr Smith’s statements were derogatory and insulting to Mr Haines and to Māori people. While the Authority acknowledged that Mr Smith’s comments could be seen as dismissive and disrespectful, in the context of the robust talkback radio environment, they did not reach the level necessary to constitute unfair treatment or to encourage discrimination or denigration....

Decisions
Towers and The Radio Network Ltd - 2011-036
2011-036

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host used the phrase “whack-job Christians” – allegedly in breach of standards relating to discrimination and denigration FindingsStandard 7 (discrimination and denigration) – host used the phrase “whack-job Christians” to convey his personal opinion – comment lacked the necessary invective to reach threshold for encouraging discrimination against or denigration of Christians – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Newstalk ZB broadcast on the morning of Friday 4 February 2011, the host stated: I voted for [MP’s name] before he got involved with all those ‘whack-job’ Christians and stuff, back when he was that middle class, middle of the road family man and he was on the verge of getting the five percent....

Decisions
Young and TVWorks Ltd - 2011-074
2011-074

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Family Guy – cartoon comedy – male character injected with “gay gene” – went to “Straight Camp” where he was encouraged to drink, play full contact football, and “find loose women to have sex with” – allegedly in breach of good taste and decency, discrimination and denigration, children’s interests, and liquor standards FindingsStandard 1 (good taste and decency) – scene had clear humorous and satirical intent – contextual factors – not upheld Standard 9 (children’s interests) – scene was not unsuitable for supervised child viewers – broadcaster adequately considered children’s interests – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage denigration of, or discrimination against, a section of the community – not upheld Standard 11 (liquor) – broadcast did not amount to “liquor promotion” – not upheld This headnote does not form part of the decision....

Decisions
Feral and Television New Zealand Ltd - 2014-107
2014-107

Summary [This summary does not form part of the decision. ] During The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip, and used live bait to catch marlin. The Authority did not uphold the complaint that the practice of live baiting was cruel and breached standards. The footage was not unexpected in a fishing programme, and the complainant’s concerns relate more to the programme genre in general, and personal lifestyle preferences, which are not a matter of broadcasting standards. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Violence Introduction [1] During an episode of The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip. The host and crew used live bait to catch marlin, a traditional method used in Mexico....

Decisions
Golden and Rose and Radio New Zealand Ltd - 2014-002
2014-002

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’....

Decisions
The Warehouse Ltd and Television New Zealand Ltd - 1993-065
1993-065

Download a PDF of Decision No. 1993-065:The Warehouse Ltd and Television New Zealand Ltd - 1993-065 PDF467. 48 KB...

Decisions
Buxton and Te Aratuku Whakaata Irirangi Māori - 2022-050 (31 August 2022)
2022-050

The Authority has issued a split decision in relation to the broadcast of a 14-year-old episode of Intrepid Journeys on Whakaata Māori. The broadcast contained the statement that staff at a Pakistani bakery were ‘working like n*****s out the back’. The complainant submitted that this phrase, and others in the broadcast, were discriminatory and denigrated the local people. Noting the age of the programme, the style of humour and audience expectations of the programme, and the lack of malice in the statements, the Authority unanimously declined to uphold the complaint in relation to most of the statements complained about. However, the Authority was split on its decision in relation to the use of the ‘n-word’. The majority upheld the complaint, finding the use of the ‘n-word’ was derogatory, evoked prejudice, and was capable of embedding negative stereotypes....

Decisions
Dawkins and Television New Zealand Ltd - 1997-001
1997-001

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...

Decisions
South Auckland Muslim Association Inc and Radio Pacific Ltd - 1998-045
1998-045

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-045 Dated the 30th day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by SOUTH AUCKLAND MUSLIM ASSOCIATION INCORPORATED Broadcaster RADIO PACIFIC LIMITED S R Maling (Chairperson) L M Loates R McLeod J Withers...

Decisions
Campbell and MediaWorks TV Ltd - 2017-019 (26 April 2017)
2017-019

Summary[This summary does not form part of the decision. ]A promo for the latest season of 7 Days showed comedians featured on the programme preparing the show’s host for the ‘potentially hostile environment’, by heckling and pelting him with objects. The Authority did not uphold a complaint that this promo trivialised the issue of bullying. The promo was a parody sketch of the type of heckling typically made by contestants during an episode of 7 Days, and common to live comedy programmes of this genre. It sought to recreate this live comedy environment in a humorous, satirical and highly exaggerated way, and in this context, the promo did not condone, encourage or trivialise bullying behaviour....

Decisions
Beynon and NZME Radio Ltd - 2018-052 (24 August 2018)
2018-052

Summary[This summary does not form part of the decision. ]A complaint about the use of the word ‘gypped’ during a segment of Sarah, Sam and Toni has not been upheld. The Authority found the host’s use of this word on this occasion did not carry any malicious intent and therefore did not reach the threshold required to be considered a breach of the discrimination and denigration standard. While the Authority did not uphold the complaint, they acknowledged that the casual use of this term and its variants may cause offence to some members of the public and noted care is required when using expressions relating to sections of the community....

Decisions
Zohrab and TV3 Network Services Ltd - 1993-040
1993-040

Download a PDF of Decision No. 1993-040:Zohrab and TV3 Network Services Ltd - 1993-040 PDF257. 29 KB...

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