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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
Seafood New Zealand Ltd and Radio New Zealand Ltd - 2018-054 (19 September 2018)
2018-054

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

Decisions
Martyn and MediaWorks TV Ltd - 2016-042 (22 August 2016)
2016-042

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the world’s first legally recognised Pastafarian wedding between two members of the Church of the Flying Spaghetti Monster (CFSM). The reporter referred to the CFSM as a ‘spoof religion’, and stated, ‘Pastafarians believe that pirates are supreme beings from which all humans evolved, and it’s an official religion’. The Authority did not uphold a complaint that describing the CFSM as a ‘spoof religion’ was denigrating, disrespectful and discriminatory. It took the view that the broadcaster’s reference to the Church as a ‘spoof religion’ was an opinion which was available to be taken and able to be expressed, and that the high threshold required for discrimination and denigration to be established had not been reached. The Authority also did not uphold a complaint that the reference to pirates as ‘supreme beings’ was inaccurate....

Decisions
Lowes and MediaWorks TV Ltd - 2014-037
2014-037

Summary [This summary does not form part of the decision. ] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom referred to ‘England’ in its introduction. The broadcaster upheld the complaint that this was inaccurate and apologised to the complainant. The Authority considered the broadcaster took sufficient action and that the broadcast did not breach the other standards nominated. Not Upheld: Accuracy (Action Taken), Fairness, Discrimination and Denigration Introduction [1] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom, referred to ‘England’ in its introduction. The item was broadcast on 29 December 2013 on TV3....

Decisions
Sampurno and MediaWorks TV Ltd - 2014-148
2014-148

Summary [This summary does not form part of the decision. ] An item on 3 News reported details of John Key’s meeting with the Indonesian president. The newsreader discussed terrorism in Indonesia and referred to Indonesia as ‘the biggest Muslim country in the world’. The Authority did not uphold a complaint that this statement was inaccurate, finding that viewers would have understood the intended meaning that the majority of Indonesians are followers of Muslim faith. The Authority also declined to uphold the complaint that the discussion of terrorism in Indonesia denigrated Muslims and/or Indonesians, as it was factual and did not carry any invective. Not Upheld: Accuracy, Discrimination and Denigration   Introduction [1] An item on 3 News reported details of John Key’s meeting with the Indonesian president....

Decisions
Absalom and MediaWorks Radio Ltd - 2023-030 (26 July 2023)
2023-030

A Today FM news bulletin featured an item reporting on pro-trans demonstrations at an Auckland event where ‘anti-trans rights activist’ Posie Parker had been scheduled to speak. The complainant considered the item’s description of Parker as an ‘anti-trans rights activist’ rather than a ‘women’s rights campaigner’ was in breach of the fairness, balance, accuracy and discrimination and denigration broadcasting standards. The Authority found that, given Parker’s views, the description ‘anti-trans rights activist’ was not unfair given its literal accuracy. The balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ the issue and, in any event, listeners were alerted to alternative viewpoints in the item. The discrimination and denigration and accuracy standards were not breached. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

Decisions
Connolly and Discovery NZ Ltd - 2021-037 (11 August 2021)
2021-037

The Authority has not upheld a complaint that a comment made by the Hon. Debbie Ngarewa-Packer about the BMI test being ‘crafted by white supremacists’ breached the discrimination and denigration standard. Ms Ngarewa-Packer’s comment was a genuine expression of her opinion on a matter of public interest – possible discrimination in access to public funding for IVF treatment. The standard, which has a high threshold, was not intended to prevent the broadcast of such opinions, the Authority found. Not Upheld: Discrimination and Denigration...

Decisions
Beaumont Bell and Radio New Zealand Ltd - 2021-050 (15 September 2021)
2021-050

The Authority has not upheld a complaint about the introduction for a piece broadcast on RNZ Concert: ‘Being a coloured man wasn’t an advantage to 19th century English composer Samuel Coleridge-Taylor. But he did, fortunately, have some influential supporters… so his music did get heard. ’ The complaint was that the description of the composer as ‘coloured’ perpetuated racism. The Authority acknowledged the complainant’s concerns and the changing nature of language over time. In this case, it found the description of the composer, in the context of the broadcast, did not encourage discrimination or denigration and was unlikely to cause offence at a level justifying restriction of the right to freedom of expression.   Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Decisions
Sawyers and Radio Pacific Ltd - 1995-053
1995-053

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
McCullough and NZME Radio Ltd - 2020-008 (9 June 2020)
2020-008

The Authority has not upheld a complaint that a discussion on a talkback segment on Newstalk ZB breached broadcasting standards. The Authority found that the complainant, who had called in to the programme, was not treated unfairly as she was given an opportunity to voice her opinion and was treated respectfully. The Authority also found that the broadcast’s criticism of United States President Donald Trump did not exceed what could fairly be expected to be levelled against a highly controversial United States President. The Authority noted that the balance and accuracy standards apply only to news, current affairs and factual programmes, and the accuracy standard does not apply to statements clearly distinguishable as analysis, comment or opinion. The discrimination and denigration standard also did not apply as it does not apply to individuals or organisations. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

Decisions
Cotterall and The RadioWorks Ltd - 2000-015
2000-015

SummaryAccording to the complainant, a Radio Pacific talkback host said "Maori is not a culture" between 6. 00 and 8. 00am on 1 September 1999. Stephen Cotterall said that he complained to Radio Pacific, a division of The RadioWorks Ltd, the broadcaster, that the comment made by the announcer was racially derogatory and insulting to the tangata whenua. As the broadcaster failed to respond to Mr Cotterall’s complaint, he referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. When the matter was referred to The RadioWorks, it advised that it had not received Mr Cotterall’s letter of complaint. Nevertheless, it then proceeded to deal with the complaint. The broadcaster advised that the announcer’s comment was a genuine expression of opinion, and it declined to uphold the complaint. For the reasons given below, the Authority declines to uphold the complaint....

Decisions
Singh and Radio Virsa - 2017-001 (27 October 2017)
2017-001

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Decisions
Pascoe and Television New Zealand Ltd - 2020-090 (9 December 2020)
2020-090

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

Decisions
Burrows and Television New Zealand Ltd - 2014-102
2014-102

Summary [This summary does not form part of the decision. ]An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The Authority declined to uphold the complaint that the item 'focused exclusively on women as victims and men as perpetrators of domestic violence', which showed a lack of balance and denigrated men. References to 'men' and 'women' did not amount to a 'discussion of gender' requiring the presentation of alternative views, as alleged by the complainant. Not Upheld: Controversial Issues, Discrimination and DenigrationIntroduction[1] An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The item contained an interview with the Minister of Justice and a panel discussion with a political scientist, a lawyer and a communications consultant....

Decisions
Wratt and MediaWorks TV Ltd - 2019-031 (17 September 2019)
2019-031

The Authority declined to determine a complaint regarding a news item covering animal welfare in rodeos. David Wratt complained that the item, which covered loss of animal life in rodeos, should focus on the deaths of babies as human life is more valuable than animal life. As this complaint relates to a matter of editorial discretion and personal preference, it is not capable of being determined by a complaints procedure. The Authority considered that, in all circumstances of the complaint, it should not be determined by the Authority.   Declined to Determine: Good Taste and Decency; Programme Information; Discrimination and Denigration; Balance; Fairness...

Decisions
Young and Television New Zealand Ltd - 1991-054
1991-054

Download a PDF of Decision No. 1991-054:Young and Television New Zealand Ltd - 1991-054 PDF399. 53 KB...

Decisions
Gebbie and Discovery NZ Ltd - 2022-073 (23 August 2022)
2022-073

The Authority has not upheld a complaint an item on Newshub Live at 6pm breached the discrimination and denigration standard in its discussion of the social media and wider impact of the Johnny Depp-Amber Heard defamation trial. The Authority noted the issue of the genders of victims and perpetrators of domestic violence was not the focus of the broadcast, and it did not reach the high threshold of condemnation necessary to find a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
YS and NZME Radio Ltd - 2023-011 (16 May 2023)
2023-011

During a broadcast of Mike Hosking Breakfast, Hosking discussed his predictions for the upcoming Hamilton West by-election, commenting that Dr Gaurav Sharma would be the ‘biggest loser’ and stating he was a ‘nobody. ’ Later in the programme, Hosking discussed the Broadcasting Standards Authority’s (our) recently released annual report, commenting the BSA is ‘a complete and utter waste of time. ’ The complainant alleged these comments breached multiple broadcasting standards. In the context of the broadcast, the Authority found Hosking’s comments were not likely to cause widespread disproportionate offence or distress, and did not result in any unfairness to Dr Sharma or the BSA. The discrimination and denigration, balance, accuracy and privacy standards either did not apply or were not breached. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy, Privacy, Fairness...

Decisions
Chapman and Television New Zealand Ltd - 2022-108 (8 February 2023)
2022-108

The Authority did not uphold a complaint an item on 1 News reporting on the verdict of the Kyle Rittenhouse trial in the United States breached broadcasting standards. The complainant considered the item inaccurate and unbalanced as it allegedly misrepresented events around the trial including the origins of the protest, the presiding Judge, and the public’s response to the verdict. The Authority considered the broadcast was materially accurate given its focus on the verdict from the trial. Any inaccuracies were unlikely to significantly affect viewers’ understanding of the item. The balance and discrimination and denigration standards did not apply, and the fairness standard was not breached. Not Upheld: Accuracy, Balance, Discrimination and Denigration, Fairness...

Decisions
Mosen and Radio New Zealand Ltd - 2021-044 (2 August 2021)
2021-044

The Authority has not upheld a complaint about an item on Morning Report including an interview between reporter Phil Pennington and Minister for the Environment Hon David Parker, regarding toxic waste contamination at Tiwai Point. During the interview Mr Parker described himself as being ‘blind’ on the state of contamination at Tiwai Point. In the introduction to the interview, presenter Susie Ferguson referred to this comment, and in the course of examining Mr Parker’s awareness of the issue Mr Pennington queried it twice. The complainant submitted the use of ‘blind’ in this way denigrated people who are blind as it equated blindness with ignorance. The Authority found the use of ‘blind’ in this context did not meet the high threshold required to find a breach of the discrimination and denigration standard.   Not Upheld: Discrimination and Denigration...

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