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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-147 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOYCE HEIJBOER CAMPBELL of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Danny Watson – discussion about the Catholic Church’s excommunication of the mother and doctor of a nine-year-old girl in Brazil who had been raped, become pregnant, and had an abortion – the view of one of the people who rang in support of the Church’s actions was later criticised by other callers – a number of callers rang in criticising the Church’s actions – allegedly in breach of good taste and decency, fairness and discrimination and denigration standards Findings Standard 6 (fairness) – complainant and Catholic Church treated fairly – not upheld Standard 1 (good taste and decency) – subsumed into consideration of Standard 6 Standard 7 (discrimination and denigration) – criticisms of the Catholic Church lacked necessary invective for a breach of the standard – robust nature of talkback – not upheld This headnote does not form part of the…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Hauraki – hosts on breakfast show referred to Helen Clark donating a testicle – allegedly in breach of good taste and decency and social responsibility. Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) – item light-hearted and satirical in nature – broadcaster was mindful of children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] At 8. 30am on 11 May 2007, Radio Hauraki broadcast a segment in its breakfast show hosted by the "Morning Pirates", Willy De Wit, Mark Perry and Dean Butler. One of the hosts described a story about a woman in the UK who had recently donated her kidney to her employer, who was in need of a transplant....

ComplaintSun FM – announcer’s alleged misconduct – disparaging comments about complainant – breach of privacy FindingsIssue primarily a work-related dispute Principle 7 – decline to determine Privacy – decline to determine This headnote does not form part of the decision. Decision Following a work-related dispute, an announcer at Whakatane’s Sun FM allegedly made disparaging comments about the complainant on air on one occasion, and allegedly breached her privacy on air on another. The complainant had been a voluntary worker at Sun FM. The complainant, SB, complained to Sun FM, the broadcaster, that a broadcast on 28 November 2000 breached the requirement in Principle 7 of the Radio Code of Broadcasting Practice for broadcasters to be socially responsible in programmes and their presentation. She complained to the Broadcasting Standards Authority that a broadcast on 1 December 2000 breached her privacy....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – discussed government’s Te Reo Māori initiatives – host read out email from listener who said that their grandmother had been beaten at school for speaking Te Reo – host stated, “I think this is a myth, to be perfectly honest with you, I don’t know of anywhere this happened....

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....

Download a PDF of Decision No. 1991-046:Wardlaw and Television New Zealand - 1991-046 PDF591. 9 KB...

Mary Anne Shanahan declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]An item on Radio Tarana News reported on District Court proceedings involving the complainant, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased. The Authority did not uphold his complaint that the item was unfair, inaccurate and unbalanced. The item was a straightforward, brief news report, and the complainant’s position was fairly included in the item. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] An item on Radio Tarana News reported on District Court proceedings involving the complainant, Rajesh Singh, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased....

Warning: This decision contains language that some readers may find offensiveSummary[This summary does not form part of the decision. ]During an interview on Breakfast about a proposed cull of Himalayan tahr, the Minister of Conservation, Hon Eugenie Sage, appeared to use the word ‘cunters’ when referring to the educational effort undertaken by tahr hunters. The Authority did not uphold a complaint that the Minister’s use of this word during this interview breached the good taste and decency and discrimination and denigration standards. The use of the word was an accidental slip of the tongue and it was clear that the Minister intended to refer to ‘hunters’ during this section of the interview. The use of the word was not deliberate nor was it used with any malice or invective....

The Authority has not upheld a complaint regarding the question ‘How can anyone trust anything that you say? ’ put to Dr Ashley Bloomfield, Director-General of Health, following the positive tests of two women who were released from managed isolation on compassionate grounds. Dr Bloomfield’s answers to the question (which was posed twice) were shown on-air. Viewers would not have been left with an unduly negative impression of him. As a public health official he is reasonably subject to robust scrutiny, especially during a pandemic. The fairness standard was accordingly not breached and the remaining standards did not apply. Not Upheld: Fairness, Accuracy, Balance, Discrimination and Denigration...

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....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a segment on The AM Show, in which a booth designed to enable doctors to perform discrete testicle examinations was likened to a ‘confession booth’, breached the good taste and decency and discrimination and denigration standards. The Authority found that, in the context of the segment, the comparison was unlikely to undermine or violate widely shared community norms. It also did not reach the level of malice or nastiness necessary to denigrate a section of the community. The public health message in the broadcast was an important one and overall the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

Summary[This summary does not form part of the decision. ]A Breakfast bulletin reported that Auckland's Okahu Bay would be closed to the public for one day due to a private event held by local iwi Ngāti Whātua Orākei. The Authority did not uphold the complaint that the item was inaccurate, unfair and encouraged discrimination by omitting the views of Ngāti Whātua and implying their actions were 'wrong'. It would have been preferable to include comment from Ngāti Whātua in the initial broadcast, and by failing to fully explain why Okahu Bay was closed, viewers could have been left with an ill-informed, negative view of Ngāti Whātua. However comment was included in later TVNZ broadcasts the same day which mitigated any potential unfairness. Nothing in the item encouraged the denigration of, or discrimination against, Ngāti Whātua and/or Māori....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Politically Incorrect Guide to Teenagers – host commented that teenagers were “mental”, “mad”, “not right in the head” – showed sketch of “Mad Uncle Jack” who had been released from psychiatric facility – allegedly in breach of standards relating to good taste and decency and discrimination and denigration FindingsStandard 1 (good taste and decency) – content subject to complaint intended to be humorous and educational rather than offensive – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments were host’s personal opinion with regard to teenage behaviour – he was not making a comment on people with mental illness as a section of the community – comments did not contain invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Download a PDF of Decision No. 1992-063:Smits and Radio New Zealand Ltd - 1992-063 PDF (366. 06 KB)...

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’....

Summary[This summary does not form part of the decision. ] During a segment on Jay-Jay, Dom & Randell, the show’s hosts asked callers to submit a ‘corny joke’. A caller submitted the following joke: ‘What’s the hardest part about cooking a vegetable? Trying to fit the wheelchair in the pot. ’ Before the caller delivered the punchline, one of the hosts (who believed he knew the joke), asked his co-hosts to switch off their microphones so they could discuss it. The hosts also spoke to their producer, asking whether it was appropriate to air the punchline to the joke. After some deliberation, they decided to allow the joke to be broadcast. The hosts reacted to the punchline by saying, ‘No! No! That’s a terrible joke! ’ and ‘That’s not a joke! ’ The Authority did not uphold a complaint that the segment was in poor taste and discriminatory....

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....