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Decisions
Lee and UPFM - 2010-011
2010-011

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Toast Breakfast Show – host commented on Telecom’s outsourcing of call centre work overseas – made reference to “stupid Filipino operators” – allegedly in breach of good taste and decency and discrimination and denigration FindingsStandard 7 (denigration and discrimination) – host’s remark lacked the necessary invective to reach threshold for encouraging discrimination or denigration – not upheld Standard 1 (good taste and decency) – host’s comment was an expression of frustration with Telecom and a throw-away line – not upheld This headnote does not form part of the decision. Broadcast [1] During The Toast Breakfast Show, broadcast on UPFM on the morning of 14 December 2009, one of the hosts commented on Telecom’s outsourcing of call centre work for its 018 directory service....

Decisions
Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029
1993-029

Download a PDF of Decision No. 1993-029:Female Images and Representation in Sport Taskforce and Television New Zealand Ltd - 1993-029 PDF815. 18 KB...

Decisions
Bowie and Discovery NZ Ltd - 2024-027 (16 July 2024)
2024-027

The Authority has not upheld a complaint about offensive language and sexual themes in an episode of New Zealand Today, a satirical ‘journalism’ programme by comedian Guy Williams. The programme was broadcast at 8. 35pm, classified 16-LSC (advisory for language, sexual content, and content that may offend), and preceded by a full-screen warning, with the classification and advisory labels repeated after each advertisement break. Given audience expectations of Williams and the programme, the classification, the warning and the scheduling, the Authority found the broadcast would not cause widespread undue offence in the context, and audiences were able to make their own informed viewing choices. The discrimination and denigration standard did not apply. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration...

Decisions
Women Against Pornography and Smits and Television New Zealand Ltd - 1995-069, 1995-070
1995-069–070

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 69/95 Decision No: 70/95 Dated the 27th day of July 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WOMEN AGAINST PORNOGRAPHY of Auckland and PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates W J Fraser R McLeod...

Decisions
Hashimoto and RadioWorks Ltd - 2011-042
2011-042

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Radio Live Drive – host referred to “dirty Germans” – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – comment was light-hearted – was not intended to reflect all Germans – host was expressing disapproval of tourists stealing native wildlife – not upheld Standard 7 (discrimination and denigration) – comment related specifically to the German tourists who had stolen native geckos – did not encourage denigration of or discrimination against German people as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] During Radio Live Drive, broadcast on Radio Live at approximately 4. 20pm on 9 March 2011, the host said: Have you ever thought about stealing a gecko? Why on earth would you steal a gecko?...

Decisions
Feral and MediaWorks TV Ltd and Television New Zealand Ltd - 2014-143
2014-143

Summary [This summary does not form part of the decision. ]The Authority declined to uphold complaints that three broadcasts showing fishing and hunting were barbaric and cruel. As the Authority has noted in previous decisions on similar complaints from the complainant, killing and preparing animals to eat is a fact of life and her concerns are based primarily on personal lifestyle preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about three episodes of fishing and hunting programmes. In general, her complaints were that fishing and hunting are barbaric and cruel. More specifically, she objected to the practices of catch-and-release fishing, live baiting and boar hunting. [2] The issue is whether the broadcasts breached any of the standards set out in the Free-to-Air Television Code of Broadcasting Practice....

Decisions
Golden and Television New Zealand Ltd - 2012-115
2012-115

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported that Olympic medallist Nadzeya Ostapchuk had missed the deadline to appeal her positive drugs test – sports reporter commented that this meant New Zealander Valerie Adams was “one step closer to getting her gold medal”, and the presenter made reference to Belarus’s “crazy president” – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandards 1 (good taste and decency), 2 (law and order), 4 (controversial issues), 5 (accuracy), 6 (fairness), 7 (discrimination and denigration) and 8 (responsible programming) – sports reporter and presenter were engaging in light-hearted banter and their comments did not carry any malice or invective – that New Zealand allegedly had a worse history of cheating than Belarus is not an issue of broadcasting standards – not upheld This headnote does not…...

Decisions
McCammon and The Radio Network Ltd - 2013-061
2013-061

Summary [This summary does not form part of the decision. ]The host of talkback programme Canterbury Mornings expressed the view that parking wardens in Christchurch were ‘scum’ for ticketing people in the central city, after everything they had been through with the earthquakes. The Authority did not uphold the complaint that the host’s comments were unacceptable, irresponsible and denigrated parking wardens. The comments related to a legitimate issue and were well within the host’s right to free speech, especially given that talkback radio is recognised as a robust and opinionated environment. A caller also challenged the host, so listeners were given a countering perspective....

Decisions
Kirby and TV3 Network Services Ltd - 1993-060
1993-060

Download a PDF of Decision No. 1993-060:Kirby and TV3 Network Services Ltd - 1993-060 PDF490. 32 KB...

Decisions
Alderston and NZME Radio Ltd - 2023-110 (31 January 2024)
2023-110

The Authority has not upheld a complaint a segment of Overnight Talk breached several standards. In the programme, a caller to the show queried the validity of the host’s statement that 1400 Israelis had died in the 7 October 2023 attack by Hamas, and asked what evidence the host had of the attack. The host’s response included suggesting the caller should not be ‘an idiot’, saying he was not going to waste his time, terminating the call and advising the caller that they could see ‘uncensored footage’ of the attack on the ‘deepest, darkest parts of the internet’ if they needed evidence....

Decisions
Thorp and Radio New Zealand Ltd - 2021-164 (7 March 2022)
2021-164

The Authority has not upheld a complaint that an interview on Morning Report with the new leader of the National Party, Christopher Luxon MP breached the discrimination and denigration standard. During the interview, Luxon was asked questions around his Christian beliefs and the impact of these beliefs on his political views on abortion, euthanasia and same-sex marriage. The Authority was satisfied the interview did not contain anything that encouraged discrimination against, or denigration of, people of Christian faith. Not Upheld: Discrimination and Denigration...

Decisions
Mental Health Foundation of New Zealand and TV3 Network Services Ltd - 2002-047
2002-047

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

Decisions
Smith and The Radio Network Ltd - 2002-188
2002-188

ComplaintNewstalk ZB – host Leighton Smith – caller used word "mongrel" to describe bad parents – denied it was a racist interpretation – offensive language – racist FindingsPrinciple 1 – context – no uphold Principle 7 – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Parenting was one of the topics discussed on the Leighton Smith Morning Show on 27 August 2002 in view of some murders committed recently by young people. One caller said that "two mongrel dogs" would produce "a mongrel pup", and that it was illegal to "beat that mongrel out of the pup". The Leighton Smith Morning Show is broadcast by TRN each weekday between 8. 30am – midday via the Newstalk ZB network. It is a talkback programme hosted by Leighton Smith....

Decisions
Hewens and Radio New Zealand Ltd - 2006-114
2006-114

Complaint under section 8(1)(a) of the Broadcasting Act 1989Nine to Noon – media commentator referred to article in Investigate magazine which raised questions about the sexuality of a public figure – commentator said the named public figure was not a “poof” – allegedly in breach of good taste and decency and denigrated homosexuals FindingsPrinciple 1 (good taste and decency) – subsumed under Principle 7 – denigration of homosexuals was essence of the complaint – not upheld Principle 7 and guideline 7a (denigration) – high threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] Media commentator Phil Wallington reviewed the media on National Radio’s Nine to Noon each week during 2006. On 19 September 2006, he was highly critical of the manner in which the magazine Investigate had raised the issue of the sexuality of a public figure....

Decisions
Montgomery and The Radio Network Ltd - 2004-191
2004-191

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Coast radio station – broadcast of song entitled “Puha and Pākehā” – allegedly encouraged denigration of PākehāFindings Principle 7 and Guideline 7a (denigration) – clearly humorous – not denigratory of Pākehā – not upheld This headnote does not form part of the decision. Broadcast [1] At around 5. 15pm on 5 October 2004, Coast radio station in Auckland broadcast a song entitled “Puha and Pākehā”, recorded by Rod Derrett in the 1960s. [2] The song was a light-hearted tale of Pākehā in early New Zealand being eaten by Māori, and included the following lyrics: I don’t give a hangi for the Treaty of Waitangi, You can’t get fat on that – give me some Puha and Pākehā....

Decisions
Mainland Television Ltd and The Radio Network Ltd - 2004-033
2004-033

Complaint Classic Hits 89. 4FM Nelson - content of Nelson’s Mainland Television described as “crap” – offensive and unacceptable Findings Principle 7 – not applicable Principle 1 – not offensive in context – not upheld Principle 5 – humorous editorial comment was not unfair – not upheldThis headnote does not form part of the decision Summary [1] A news report that a city (Oslo) was offering trips through the sewer system as a tourist attraction was read on Classic Hits 89. 4FM in Nelson at about 7. 25am on Thursday 11 December 2003. The announcer added that, in Nelson, Mainland TV offered “four channels of crap all the time”. [2] On behalf of Mainland Television Ltd, the Managing Director (Gary Watson) complained to The Radio Network Ltd, the broadcaster, that the comment was offensive and unacceptable....

Decisions
Doe and Television New Zealand Ltd - 2004-126
2004-126

Complaint under s. 8(1)(a) of the Broadcasting Act 1989 Fair Go – use of term “Jap import” in referring to second-hand cars – allegedly derogatory Findings Standard 6 (fairness) and Guideline 6g (discrimination and denigration) – term commonly used in a colloquial setting to describe second-hand cars imported from Japan – when used appropriately in context does not carry racially derogatory meaning – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Fair Go on TV One on 26 May 2004, the presenter twice used the phrase “Jap import” to refer to second hand cars imported into New Zealand from Japan. The item was about imported cars which had been recalled for safety reasons. Complaint [2] E W Doe complained to Television New Zealand Ltd, the broadcaster, that the term “Jap import” was derogatory and “perpetuate[d] ignorant and intolerant racist attitudes”....

Decisions
Durkin and Television New Zealand Ltd - 1999-194
1999-194

Summary Pulsate Wanaka Big Air contained a mix of competition skiing and music. The comment – "I hope he’s not gay" – was made by the presenter in response to being kissed on the top of his head by a competitor. The programme was broadcast on TV2 at 5. 00 pm on 15 August 1999. Ms Durkin complained to Television New Zealand Limited, the broadcaster, that in a programme aimed at the youth market such derogatory comments were irresponsible, reinforced negative stereotypes and created prejudice. TVNZ responded that the programme was presented in a light-hearted fashion and featured exuberant personalities. It was an off-the-cuff joke, it wrote, and was intended to be humorous. While it was sorry Ms Durkin was offended, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Ms Durkin referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Davies and Television New Zealand Ltd - 2006-069
2006-069

Complaint under section 8(1)(a) of the Broadcasting Act 1989Top of the Class – boy commented that playing the recorder was “gay” – allegedly encouraged denigration of and discrimination against homosexual peopleFindingsStandard 6 (fairness) and guideline 6g (denigration and discrimination) – boy used the word “gay” to mean “lame” or “stupid” – did not amount to the high level of invective required for a breach of the standard – not upheldThis headnote does not form part of the decision. Broadcast [1] Top of the Class was a reality entertainment programme, broadcast on TV One, in which New Zealand celebrities were paired with 10-year-old look-alikes and vied with each other in various competitions. In an episode broadcast at 7. 30pm on Sunday 11 June 2006, the contestants were learning how to play the recorder. One of the young schoolboys said “recorders is (sic) gay, extremely gay”....

Decisions
Women Against Pornography (Auckland) (WAP) and Max TV Ltd - 1997-115
1997-115

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-115 Dated the 4th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WOMEN AGAINST PORNOGRAPHY (Auckland) Broadcaster MAX TV LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

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