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Rupa and Television New Zealand Ltd - 2011-055
2011-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Waitangi: What Really Happened – docu-drama about events leading up to the signing of the Treaty of Waitangi – allegedly in breach of controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Waitangi: What Really Happened was broadcast on TV One at 8. 30pm on Sunday 6 February 2011. The programme was a docu-drama following the events leading up to the signing of the Treaty of Waitangi in 1840....

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
Bowers, Patel and Universal Church of the Kingdom of God and Television New Zealand Ltd - 2012-050
2012-050

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – reported on the activities of the Universal Church of the Kingdom of God (UCKG) which was said to be part of a “Pay and Pray” movement – profiled an ex-member, X, who claimed that she made substantial donations to the church – included hidden camera footage of church service – allegedly in breach of privacy, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 3 (privacy) – X was identifiable and item disclosed private facts about her – however, X was a willing participant and there is insufficient evidence to show she withdrew her consent to the broadcast – item did not breach X’s privacy – Bishop and Pastor were identifiable in hidden camera footage but did not have an interest in seclusion in a church service that was open and accessible to the general public –…...

Decisions
Batchelor and RadioWorks Ltd - 2012-058
2012-058

Complaint under sections 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Michael Laws Talkback – Mr Laws interviewed the complainant, Karen Batchelor, a spokesperson for the American Pit Bull Terrier Association – Mr Laws accused Ms Batchelor of misquoting statistics and making untrue statements – Mr Laws made comments such as “you’re just as bad as your dogs” and, “can you wear a muzzle” – allegedly in breach of good taste and decency, accuracy, fairness, discrimination and denigration, and responsible programming standards – broadcaster upheld part of the Standard 6 complaint – action taken allegedly insufficient FindingsStandard 6 (fairness) and Action Taken – Mr Laws took an overly aggressive approach and continuously interrupted the complainant – he made comments that were personally abusive and accused the complainant of lying – overall complainant was treated unfairly – serious breach of fairness standard – action taken by broadcaster was insufficient – upheld Standard 5…...

Decisions
Wong and World TV Ltd - 2012-031
2012-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Ip Man – movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times – contained violence – allegedly in breach of good taste and decency, controversial issues, discrimination and denigration, responsible programming, children’s interests and violence standards Findings Standard 8 (responsible programming) – broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times – upheld  Standard 9 (children’s interests) – broadcaster did not adequately consider children’s interests by incorrectly classifying the movie and screening it outside of AO time – upheld Standard 10 (violence) – while there was some violent behaviour it was not excessive and was consistent with expectations of a martial arts film – however inappropriate classification and timeslots meant broadcaster did not exercise…...

Decisions
Fattorini and RadioWorks Ltd - 2012-034
2012-034

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert & Jono’s Drive Show – host told personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself – story intended to be humorous – host used the term “mental” to refer to people with intellectual disabilities – allegedly in breach of standards relating to good taste and decency, fairness and discrimination and denigrationFindingsStandard 1 (good taste and decency) – story was conveyed in a light-hearted manner – the term “mental” in reference to people with intellectual disabilities was used without malice or invective – co-host made mitigating comments – host also made comments that were positive towards people with intellectual disabilities – not upheldStandard 7 (discrimination and denigration) – comments did not amount to hate speech or vitriol and the story was told without malice – did not encourage the denigration of, or discrimination against,…...

Decisions
Fudakowski and Radio New Zealand Ltd - 1994-004
1994-004

SummaryThe subject of liable parent contributions was discussed on Nine to Noon on 3 August1993 and unemployment on Morning Report on 13 August 1993. Mr Fudakowski complained to Radio New Zealand Ltd that the dissenting view given in thediscussion about liable parents was unsourced and therefore was neither balanced norimpartial. With respect to the second item, he complained that comments about theinevitability of long-term unemployment were deeply offensive and lacked balance andobjectivity. In response, RNZ denied that the news items encouraged discrimination against anygroup, or that they were so lacking in balance that they were in breach of broadcastingstandards. Pointing out that the items contained expressions of opinion about matters ofpublic interest, RNZ explained that it could find no justification for the contention that thereporting of those statements imposed an obligation on the broadcaster to undertake anin-depth investigation into the subjects discussed....

Decisions
Burford and The Radio Network Ltd - 2012-124
2012-124

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Show – guest host read out text message which used the phrase “pre-op tranny” – phrase repeated by a listener who called the show – allegedly in breach of discrimination and denigration standard – broadcaster upheld the complaint under Standard 7 – action taken allegedly insufficient FindingsAction taken: Standard 7 (discrimination and denigration) – action taken by the broadcaster was sufficient considering the nature of the breach – not upheld This headnote does not form part of the decision....

Decisions
Samuel and Television New Zealand Ltd - 2013-058
2013-058

Summary [This summary does not form part of the decision. ]A One News item reported on a new prenatal test for Down Syndrome. The Authority did not uphold the complaint that the item discriminated against people with Down Syndrome and was unbalanced because it did not show a situation where identifying a baby with Down Syndrome was viewed positively. Comments suggesting that a low probability of having a baby with Down Syndrome was ‘good news’ were clearly the personal opinions of the interviewees and were not endorsed by the programme. The item itself made no judgement about the test or the outcome of testing in terms of whether a foetus diagnosed as having Down Syndrome was a good or a bad thing. The item was squarely focused on the benefits of the new test in that it was more accurate, and less invasive than other procedures....

Decisions
Female Images and Representation in Sport Taskforce and TV3 Network Services Ltd - 1993-030
1993-030

Download a PDF of Decision No. 1993-030:Female Images and Representation in Sport Taskforce and TV3 Network Services Ltd - 1993-030 PDF652. 8 KB...

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
Newborn and Becker and Television New Zealand Ltd - 1993-067, 1993-068
1993-067–068

Download a PDF of Decision No. 1993-067–068:Newborn and Becker and Television New Zealand Ltd - 1993-067–068 PDF (1. 07 MB)...

Decisions
Sharp and Television New Zealand Ltd - 1993-084
1993-084

Download a PDF of Decision No. 1993-084:Sharp and Television New Zealand Ltd - 1993-084 PDF500. 47 KB...

Decisions
Clyne and TV3 Network Services Ltd - 1993-094
1993-094

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

Decisions
Rankin and Television New Zealand Ltd - 2011-031
2011-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Karere – during interview presenter noted that Māori Party was using “a Chinese lawyer who has a lack of knowledge of Māori process” – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – presenter’s comment was factual and did not carry any invective – broadcast did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During Te Karere, broadcast on TV One at 4pm on 20 January 2011, the presenter conducted a studio interview with Professor Ranginui Walker about MP Hone Harawira’s position in the Māori Party and the various sources of Mr Harawira’s anger at his party....

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
Boardman and TVWorks Ltd - 2011-167
2011-167

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Nightline – item reported that Jeremy Clarkson had apologised for his comments that striking workers should be shot – allegedly in breach of law and order, discrimination and denigration, and violence standards FindingsStandard 2 (law and order) – item was a straightforward news report about Mr Clarkson’s comments – broadcasting the comments did not encourage viewers to break the law – not upheld Standard 7 (discrimination and denigration) – re-broadcasting Mr Clarkson’s comments did not encourage the denigration of, or discrimination against, a section of the community – not upheld Standard 10 (violence) – item did not contain any violence – not upheld This headnote does not form part of the decision Introduction [1] An item on Nightline, broadcast on TV3 at 10....

Decisions
Wang and TVWorks Ltd - 2011-133
2011-133

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

Decisions
Sawyer and Radio Pacific Ltd- 1996-076
1996-076

SummaryAbortion was a topic touched on during the talkback programme Banksie on Sunday, broadcast on Radio Pacific between 10:00am – 2:00pm on Sunday 14 April 1996. The host (Hon John Banks MP) described doctors who perform abortions as baby murderers, and claimed that the aborted foetuses were put into the hospital waste disposal systems or in "Kleensaks". Mr Sawyers complained to Radio Pacific Ltd that the "highly emotive" remarks were inaccurate, unbalanced, and unfair to the doctors who carried out abortions. Explaining that the host had been expressing his own strong opinion, that other hosts had different opinions, and that callers were able to present a diversity of views on the subject, Radio Pacific denied that the standards had been contravened. Dissatisfied with Radio Pacific's decision, Mr Sawyers referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
de Villiers and Television New Zealand Ltd - 2012-108
2012-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – wanted offender described as “possibly Māori but pale skinned” and “possibly Māori, [with a] light complexion” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration standards FindingsStandard 7 (discrimination and denigration) – segment did not encourage the denigration of, or discrimination against, Māori as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] A segment on Police Ten 7 profiled an aggravated robbery of a bar in Christchurch. Viewers were told that it was committed by three men, two armed with guns and one armed with a crowbar. The segment included security footage of the robbery, outlined the facts of the case, and outlined ways that viewers may be able to help police identify the offenders....