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Decisions
Haapamaki & Ball and Sky Network Television Ltd - 2020-015
2020-015

The Authority has not upheld two complaints that a promo for the ASB Women’s Classic tennis competition was in breach of the good taste and decency and discrimination and denigration standards of the Pay Television Code of Broadcasting Practice. The promo depicted a tennis player’s skirt flying up in a brief action shot of her hitting the ball. While acknowledging the potential effect of repeatedly viewing this clip, the Authority found that ultimately the clip was not likely to undermine current norms of good taste and decency and did not contain the high level of condemnation or malice necessary to find a breach of the discrimination and denigration standard. The broadcaster provided an explanation for the selection of the clip and the Authority was satisfied that the promo would not cause harm at a level justifying regulatory intervention. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Morrill and Television New Zealand Ltd - 1994-039
1994-039

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 39/94 Dated the 9th day of June 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by M MORRILL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Marino and MediaWorks Radio Ltd - 2020-019 (4 August 2020)
2020-019

In an episode of Mai Home Run, one of the radio presenters related a story about accidentally taking and not returning a bag containing items, including a gaming console, belonging to Lil’ Romeo. The presenter also disclosed the name of one of the people involved in the story. The Authority upheld the complaint that the item breached the privacy standard, finding that the named individual was identifiable and would have had a reasonable expectation of privacy in relation to the information disclosed. The Authority also found the disclosure to be highly offensive to a reasonable person, as it had the potential to significantly damage the named person’s reputation. The Authority did not uphold the complaint under the law and order standard, finding that in context the broadcast did not encourage or actively promote serious anti-social or illegal behaviour....

Decisions
Lowes and MediaWorks TV Ltd - 2019-064 (16 December 2019)
2019-064

During a segment on The AM Show that discussed immigration to New Zealand host Mark Richardson said: ‘we’re clearly not getting enough English immigrants to become traffic officers’. The Authority did not uphold a complaint that Mr Richardson’s comment was discriminatory to nationalities that are ‘not English’ in breach of the discrimination and denigration standard. The Authority found the complainant did not identify a ‘section of the community’ for the purposes of the standard. The Authority also found that, considering audience expectations of The AM Show and Mr Richardson, the light-hearted nature of the comment and other contextual factors, the comment did not reach the threshold required to be considered discriminatory or denigratory. Not Upheld: Discrimination and denigration...

Decisions
Six Complainants and Television New Zealand Ltd - 2018-010 (22 May 2018)
2018-010

Summary[This summary does not form part of the decision. ] Three episodes of a British dating game show, Naked Attraction, were broadcast on TVNZ 2 at 9. 30pm on Friday 10, 17 and 24 November 2017. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. Six complainants referred their complaints about these episodes of Naked Attraction to the Authority, complaining that the programme contained a high level of full frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme denigrated, or was discriminatory towards, both participants and viewers, and was broadcast at a time on a weekend night when children were likely to be watching....

Decisions
Chapman and Television New Zealand Ltd - 1995-035
1995-035

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 35/95 Dated the 18th day of May 1995 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 I W Gallaway Chairperson L M Loates W J Fraser...

Decisions
Jeffs and Brown and Television New Zealand - 1995-090, 1995-091
1995-090–091

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 90/95 Decision No: 91/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JILL JEFFS of Orewa and R BROWN of Otorohanga Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

Decisions
Waxman and Television New Zealand Ltd - 2020-042 (16 November 2020)
2020-042

The Authority has upheld a complaint about a broadcast which referred to the owners of the road cycling team ‘Israel Start-up Nation’ as ‘Jewish billionaires’. The complainant submitted the broadcast was offensive and racist as it made an unnecessary connection between money and Jewish people. The Authority found the effect of the broadcast was to embed and reflect harmful stereotypes, albeit unintended. The harm in this instance outweighed the broadcaster’s right to freedom of expression, and therefore the Authority upheld the complaint. Upheld: Discrimination and Denigration No order...

Decisions
Keane and Television New Zealand Ltd - 2010-082
2010-082

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...

Decisions
Ramanathan and Access Community Radio Auckland Inc - 1999-124
1999-124

SummaryOn a programme prepared by the NZ Tamil Society and broadcast on Access Radio in Auckland on 11 April 1999, it was announced that Mrs Ramanathan’s nomination to the Executive Committee of the NZ Tamil Society had been rejected. Her nomination would be accepted, the reported added, when she returned some receipt books she had in her possession to the Society’s Treasurer. Mrs Ramanathan complained to Access Community Radio Auckland Inc that the broadcast contained unfounded allegations regarding her honesty and reputation. Access Radio upheld the complaint and arranged for the Tamil Society to broadcast a statement which retracted the allegations and apologised to Mrs Ramanathan . Dissatisfied with the action taken after her complaint had been upheld, Mrs Ramanathan referred her complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Reekie and Television New Zealand Ltd - 2009-111
2009-111

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

Decisions
Hyslop & McElroy and Television New Zealand Ltd - 2018-073 (14 November 2018)
2018-073

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9. 30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants....

Decisions
Wilson and Sky Network Television Ltd - 2022-007 (2 March 2022)
2022-007

The Authority has not upheld a complaint alleging the comment ‘Australia mugs the Black Caps’ breached the fairness, discrimination and denigration, and balance standards. The comment was typical of sports commentary and was not unfair to the Australian cricket team. As it was directed at the Australian cricket team, rather than a particular section of the community, the discrimination and denigration standard did not apply. The balance standard also did not apply. Not Upheld: Fairness, Discrimination and Denigration, Balance...

Decisions
Crafts and Milne and TV3 Network Services Ltd - 1996-056, 1996-057
1996-056–057

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-056 Decision No: 1996-057 Dated the 16th day of May 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by FRANK CRAFTS of Te Puke and G H MILNE of Wainuiomata Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Mazer and RadioWorks Ltd - 2010-021
2010-021

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host started discussion about the Star Anise Waru murder investigation – stated that the baby’s parents were “poster children for sterilisation” – included an argument with a caller who contended Mr Laws was promoting eugenics – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming FindingsStandard 6 (fairness) – talkback radio is a robust environment – callers aware that Mr Laws could be rude to them if they disagreed with his views – remarks did not amount to abuse – not upheld Standard 1 (good taste and decency) – contextual factors – comments were rude and obnoxious, but not abusive – not upheld Standard 4 (controversial issues – viewpoints) – involuntary sterilisation of child abusers not a controversial issue of public importance – not upheld Standard 5 (accuracy) – comments were clearly…...

Decisions
Chand & Others and Radio Tarana - 2014-115
2014-115

Summary[This summary does not form part of the decision. ]Radio Tarana reported on the Sanil Kumar Medical Fund, which had been set up for the treatment of a young Fijian-Indian man in New Zealand who had subsequently been deported to Fiji and died. There were allegations by the immediate family of Mr Kumar and others that the fund was being misused by its directors. The Authority declined to uphold a complaint that the broadcasts were unbalanced, inaccurate, unfair, denigrating and caused panic among the public. The broadcaster made reasonable efforts to provide balance and fairness, no inaccuracies could be identified, the discrimination and denigration standard was not applicable and the broadcasts were not presented irresponsibly....

Decisions
June and Free FM - 2014-134
2014-134

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....

Decisions
Williamson and The Radio Network Ltd - 2013-088
2013-088

Summary [This summary does not form part of the decision. ]In a weekly interview segment on Mike Hosking Breakfast, Prime Minister John Key criticised the Labour Party while discussing a number of political topics. The Authority did not uphold the complaint that the host displayed political bias and let the Prime Minister criticise other parties unchallenged, without them being offered any right of reply. This segment with the Prime Minister of the day has been running for 25 years, it was transparently political advocacy, and it did not purport to be a balanced or even-handed discussion of political issues. Other politicians were also interviewed on Newstalk ZB on a regular basis. Not Upheld: Controversial Issues, Fairness, Accuracy, Responsible Programming, Discrimination and DenigrationIntroduction [1] In a weekly interview segment on Mike Hosking Breakfast, the Prime Minister John Key criticised the Labour Party while discussing a number of political topics....

Decisions
Wislang and Television New Zealand Ltd - 1992-021
1992-021

Download a PDF of Decision No. 1992-021:Wislang and Television New Zealand Ltd - 1992-021 PDF333. 3 KB...

Decisions
Boyce and MediaWorks TV Ltd - 2015-103 (14 April 2016)
2015-103

Summary[This summary does not form part of the decision. ]Two episodes of Story featured items about self-described ‘professional political campaigner’ Simon Lusk. In the first item, presenter Duncan Garner was shown hunting with Mr Lusk, and Mr Lusk apparently shot two deer. Excerpts of political figures being interviewed about their involvement with Mr Lusk, and of Mr Lusk discussing such involvement, were shown throughout the items. The Authority did not uphold a complaint alleging that the items were in breach of multiple broadcasting standards for the way Mr Lusk’s involvement in politics was reported and for featuring footage of deer hunting. The footage of the deer hunting was not so graphic or gratuitous that it would have offended a significant number of viewers, including child viewers....

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