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Decisions
Purchase and Television New Zealand Ltd - 2020-064 (24 November 2020)
2020-064

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

Decisions
Millar and Discovery NZ Ltd - 2021-064 (24 August 2021)
2021-064

The Authority has not upheld a complaint about a comment referring to a sex act during an episode of New Zealand Today, which the host and interviewee both laughed at. The programme was classified 16-LSC, preceded by a full-screen warning and screened at 9pm. Given audience expectations for the programme, the classification, the warning and the scheduling, the Authority found the comment would not cause widespread undue offence and audiences were able to make their own viewing choices. The remaining standards either did not apply or were not breached. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Discrimination and Denigration...

Decisions
WX and NZME Radio Ltd - 2020-174 (29 June 2021)
2020-174

The Authority has not upheld a complaint under the discrimination and denigration standard about a broadcast in which two co-hosts made fun of the third for giving his pet pig a name shared by ‘one of the most powerful figures in the Nazi Party’, and the three of them joked about distinguishing names associated with Hitler and the Nazis by spelling them differently. The Authority noted the comments may be considered distasteful, in that they trivialised the notoriety of Hitler and the Nazis, but found they did not meet the high threshold required to find a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

Decisions
Pickford and NZME Radio Ltd - 2021-010 (22 June 2021)
2021-010

During Jono and Ben on The Hits radio station, one host commented the weevils in his pantry were ‘procreating faster than a solo mother in Nelson’. The Authority did not uphold a complaint that this breached the discrimination and denigration standard, finding ‘solo mothers’ do not amount to a section of the community to which the standard applies. In any event, the comment did not meet the threshold required to find a breach of the standard. Not Upheld: Discrimination and Denigration...

Decisions
Carter and TV3 Network Services Ltd - 1997-025
1997-025

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-025 Dated the 20th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L. CARTER of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Gregg and NZME Radio Ltd - 2022-070 (23 August 2022)
2022-070

The Authority has declined to determine a complaint alleging Weekend Collective breached the discrimination and denigration standard. The programme referred to protesters occupying Parliament grounds as ‘vermin’. In light of the Authority’s recent finding that the standard does not apply to the protesters, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Discrimination and Denigration...

Decisions
Grant & Findlay and NZME Radio Ltd - 2021-117 (1 December 2021)
2021-117

Following an interview with Hon Dr Ayesha Verrall, Mike Hosking, on the Mike Hosking Breakfast show, replayed the interview and commented on the length of a pause during the interview. In doing so, Hosking questioned whether it was a ‘pause or a gabble’ and included sound effects of trucks passing and a turkey gobbling to ‘measure’ the pause. The complainants allege this second segment breached five standards including the good taste and decency, and fairness standards as it belittled the Associate Health Minister. The Authority did not uphold the complaints. It found the broadcast was unlikely to cause widespread undue offence or distress, or undermine widely shared community standards and was not unfair to the Associate Health Minister. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Balance, Accuracy...

Decisions
McCracken and Radio New Zealand Ltd - 2022-099 (22 November 2022)
2022-099

The Authority has not upheld a complaint that it was a breach of broadcasting standards for an expert interviewee to suggest the anti-mask/anti-vaccination movement was behind bomb threats made to several New Zealand schools. The Authority found that while the issue of who was responsible constituted a controversial issue of public importance, the interview was clearly signalled as approaching the issue from a particular perspective, so the balance standard was not breached. It also found that anti-mask/anti-vaccination advocates are not groups to which the discrimination and denigration and fairness standards apply. Not Upheld: Discrimination and Denigration, Balance, Fairness...

Decisions
Shepherd and The Radio Network Ltd - 2003-037
2003-037

ComplaintPaul Holmes Breakfast Show – barrage of jokes against French and German military – racist and offensive Findings Principle 7 and Guideline 7a – no discrimination – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] A barrage of jokes relayed on the Paul Holmes Breakfast Show between 6. 00–8. 30am by its presenter, Paul Holmes, was broadcast on The Radio Network Ltd (TRN) on Friday 14 February 2003. The jokes targetted the French and German military. [2] Sylvia Shepherd complained to TRN, the broadcaster, that the jokes were racist, anti-French and offensive. [3] In response, TRN stated that the jokes, which had previously been published in the Sun newspaper in Britain did not encourage denigration of, or discrimination against, the French and were legitimate examples of humour or satire....

Decisions
O'Brien and TV3 Network Services Ltd - 1998-090, 1998-091
1998-090–091

Summary A promo for South Park contained a "news update" in which police had asked, "If you see this little eight year old boy, kill him and immediately burn his body". The promo was broadcast at 9. 40 pm and 10. 15 pm on TV4 on 5 April 1998. An episode of South Park broadcast on TV4 on 6 April at 9. 30 pm contained fart and diarrhoea jokes. Ms O’Brien complained to the broadcaster, TV3 Network Services Limited, that the promo incited violence and murder of children, failed to maintain law and order, failed to observe good taste and decency, and discriminated against a young boy. She also complained that puerile descriptions of faeces and related bodily functions were not comedy, and the episode was in breach of good taste and decency....

Decisions
Botur and The Radio Network Ltd - 2007-139
2007-139

Complaint under section 8(1)(a) of the Broadcasting Act 1989Thomas the Tanked Engine – use of the word “faggot” – allegedly in breach of social responsibility Findings Principle 7 (social responsibility) and guideline 7a (denigration) – threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called Thomas the Tanked Engine, broadcast on Radio Hauraki’s Breakfast Show on 29 October 2007, the word “faggot” was used by the character Thomas. The following exchange took place between the characters Thomas and Percy: Thomas: Look Percy, there are the two key members of “King”. Percy: Queen. Thomas: Faggot. Percy: No Thomas, they’re (indistinct), oh never mind. . . Complaint [2] Michael Botur made a formal complaint to The Radio Network (TRN), the broadcaster, alleging that the character’s use of the word “faggot” was in breach of social responsibility standards....

Decisions
AB and CD and Access Community Radio Inc - 2013-005
2013-005

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989House of Noizz – host made derogatory comments about “an ex-member of the family”, the mother of his named nephew – allegedly in breach of standards relating to good taste and decency, privacy, accuracy, fairness, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – host abused his position by making comments that were insulting and abusive to AB – AB made repeated attempts to stop the content being broadcast – AB treated unfairly – upheld Standard 3 (privacy) – AB identifiable for the purposes of the privacy standard because limited group of people who could potentially identify her may not have been aware of any family matter – however host’s comments were his opinion and did not amount to private facts – not upheld Standard 1 (good taste and decency) – hosts’ comments would not have offended or distressed most listeners in context –…...

Decisions
Collier and Television New Zealand Ltd - 2010-123
2010-123

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast- host read out viewer feedback that contained joke referring to "Jesus Christ" – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, and children's interests FindingsStandard 1 (good taste and decency) – "Jesus Christ" used to covey exclamation of light-hearted surprise – contextual factors – not upheld Standard 6 (fairness) – no individual or organisation taking part or referred to treated unfairly – not upheld Standard 7 (discrimination and denigration) – not intended to encourage denigration of Christian people – not upheld Standard 9 (children's interests) – broadcaster adequately considered children's interests – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of Breakfast was broadcast on TV One at 6. 30am on Tuesday 23 March 2010. During the viewer feedback segment at 8....

Decisions
Hall & Large and Television New Zealand Ltd - 2018-061 (10 October 2018)
2018-061

Summary[This summary does not form part of the decision. ]Two complaints regarding an episode of Shortland Street were not upheld. In the episode a new character appointed CEO of the Shortland Street hospital commented, ‘Puffed up, privileged Pakeha men drunk on control, terrified of change… we are the future, Esther, not them,’ referring to the hospital’s management. Complaints were made that this statement was sexist, racist and offensive to white men. The Authority reviewed the programme and relevant contextual factors, including established expectations of Shortland Street as a long-running, fictional soap opera/drama, and concluded the character’s statement did not breach broadcasting standards. It found upholding the complaints in this context would unreasonably limit the right to freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency, Balance, Accuracy, Fairness The broadcast[1] A Shortland Street episode featured a new CEO, Te Rongopai, starting at Shortland Street hospital....

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
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
Downes, Penning, Maltby, Massie & Tang and NZME Radio Ltd - 2020-123 (24 February 2021)
2020-123

In a segment on the Mike Hosking Breakfast programme, the host interviewed the Prime Minister about the Government’s decision to extend the Level 3 lockdown restrictions on Auckland in August 2020. The Authority did not uphold the complaints. It recognised the value of robust political discourse in the media and the role of media in holding to account those in positions of power. Overall, it found no harm at a level justifying regulatory intervention. While some may have found Mr Hosking’s approach and comments distasteful, they did not go beyond what could be expected of an interview of this nature. Not Upheld: Fairness, Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Children’s Interests...

Decisions
Olsen and Discovery NZ Ltd - 2021-055 (15 September 2021)
2021-055

The Authority did not uphold a complaint about an episode of New Zealand Today. The complaint was that an interviewee was treated unfairly, and the segment discriminated against and denigrated the elderly. Noting that comments concerning the interviewee were based on his individual actions and views (rather than his status as ‘elderly’) and that the discrimination and denigration standard is not intended to prevent the broadcast of genuine expressions of comment, legitimate humour or satire, the Authority found no breach of that standard. In the context, the Authority also found the interviewee was not treated unfairly. Not Upheld: Fairness, Discrimination and Denigration...

Decisions
Thwaites and Radio New Zealand Limited - 2021-078 (22 September 2021)
2021-078

The Authority has not upheld a complaint under the discrimination and denigration and fairness standards about an item on Morning Report. The Authority did not consider referencing the iwi affiliation of the subjects featured in the piece discriminated against or denigrated other New Zealanders stuck in India due to COVID-19 who are not tangata whenua. It also found the complaint did not identify a particular individual or organisation that was alleged to have been treated unfairly in the broadcast, so the fairness standard did not apply. Not Upheld: Discrimination and Denigration and Fairness...

Decisions
Lochead and RadioWorks Ltd - 2010-031
2010-031

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Talkback with Michael Laws – host made comments that communities in the Far North of New Zealand were an “underclass” whose children would be “feral” and that welfare benefits should be given to stop them having children – allegedly in breach of good taste and decency, and discrimination and denigration FindingsStandard 7 (discrimination and denigration) – talkback radio is a robust environment – host’s comments were extreme but encouraged discussion of a legitimate issue – did not encourage discrimination against or denigration of Māori in the Far North – not upheld Standard 1 (good taste and decency) – contextual factors – comments did not stray beyond norms of good taste and decency – not upheld This headnote does not form part of the decision....

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