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Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Live – (1) talkback host on 11 October criticised New Zealand Aids Foundation for what he regarded as its promotion of the gay lifestyle – allegedly denigratory, unbalanced and unfair(2) talkback host on 12 October expressed dislike for most gay men – allegedly denigratory, unbalanced and unfairFindings (both 11 and 12 October broadcasts) Principle 4 (balance) – exchanges did not amount to discussions about a controversial of public importance – not upheldPrinciple 5 (fairness) – no obligation to give the NZAF a right of reply taking into account brevity of throw-away comments made by talkback host – not upheldPrinciple 7 and guideline 7a (denigration) – threshold not met – not upheldThis headnote does not form part of the decision....
Two complaints about Sean Plunket’s interview of Te Whānau ā Apanui spokesperson Louis Rapihana were upheld under the discrimination and denigration standard. The interview was about the legal basis for iwi roadblocks in the eastern Bay of Plenty under COVID-19 Alert Level 4 and what the iwi intended to do if anyone refused to comply with the travel permit requirement established under Alert Level 3. The Authority1 found Mr Plunket’s approach during the interview and comments made on-air afterwards had the effect of amplifying negative stereotypes about Māori and the potential to cause widespread harm. Upheld: Discrimination and Denigration Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $3,000 costs to the Crown...
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...
The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....
The Authority has not upheld a complaint about a Te Ao Māori News report on a protest against Te Uru Taumatua (the Tūhoe governing authority). It found the discrimination and denigration standard did not apply as the broadcast was about individuals or an organisation rather than a recognised section of society as contemplated by the standard. It also found the broadcaster made reasonable efforts to present significant points of view in the programme, the alleged inaccuracies were either not inaccurate or not materially misleading and Te Uru Taumatua and Terehia Biddle were treated fairly in the broadcast. Not Upheld: Discrimination and denigration, Balance, Accuracy, Fairness...
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...
The Authority has not upheld a complaint about a 1 News item looking at the housing crisis on Waiheke Island. One affected resident who was interviewed said he ‘[felt] like a gypsy wandering around, living out of suitcases and boxes’. The complaint was that the use of the word ‘gypsy’ was derogatory and evokes prejudicial biases towards the Roma community. While the Authority has previously acknowledged the potential harm in the use of the word, in this particular context it did not outweigh the interviewee’s right to express himself and describe his experience. This expression and the item as a whole carried high value and public interest and did not warrant regulatory intervention or restricting the important right to freedom of expression. Not Upheld: Discrimination and Denigration...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BARRY MAGUIRE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-122 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by G L BROWN of Nelson Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...
The Authority has not upheld a complaint that a satirical segment would have been offensive to Christians. The segment was an imagined promo for reality show The Block, set in Jerusalem and featured contestants who shared the names of biblical figures, including Jesus, Mary, Joseph, Thomas and Judas. The promo was broadcast on Good Friday. The Authority did not consider the broadcast’s content would have unduly offended or distressed the general audience, and it did not reach the high threshold necessary for finding it encouraged the denigration of, or discrimination against, Christians as a section of the community. The broadcast did not cause actual or potential harm at a level which justified limiting the right to freedom of expression. Not Upheld: Good Taste and Decency, Discrimination and Denigration...
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...
The Authority has not upheld a complaint several broadcasts on RNZ National concerning missiles that crossed into Poland breached broadcasting standards. The complainant alleged the reports were unbalanced, inaccurate as to the ownership of the missiles and other matters, discriminated against Russo and Slavic people, disturbing as they raised the prospect of nuclear war in which children would be harmed, and unfair to children. The Authority did not uphold the complaint under the balance standard as the broadcaster had presented significant viewpoints on the issue and had made reasonable efforts to ensure accuracy in the context of a developing story. The other standards either did not apply or were not breached. Not Upheld: Balance, Accuracy, Offensive and Disturbing Content, Children’s Interests, Discrimination and Denigration, Fairness...
The Authority has not upheld a complaint an item on 1 News was denigrating or unfair by including footage of a displaced West Auckland resident, following the Auckland Anniversary floods, taking a donut from a box. The complaint stated the footage represented a racial stereotype, degrading the woman. The Authority found the broadcast did not breach the discrimination and denigration standard as it concerned the woman as an individual rather than a recognised section of the community, and was not unfair as she was not portrayed unfairly negatively. In any case, inclusion of the footage was an editorial choice that was open to the broadcaster. Not Upheld: Discrimination and Denigration, Fairness...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 109/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN GOLDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...
The Authority has not upheld a complaint that a segment on Morning Report breached the discrimination and denigration, and accuracy standards. The report was about trans men and non-binary people missing out on notifications for cervical screenings, due to how gender and sex are recorded by health services. The Authority found that the discrimination and denigration standard was not breached as the terminology used was specifically chosen to be inclusionary rather than exclusionary, and the inaccuracies alleged by the complainant were immaterial to the broadcast as a whole. Not Upheld: Discrimination and Denigration and Accuracy...
The Authority has not upheld a complaint about an episode of comedy gameshow, Have You Been Paying Attention? , which depicted the President of the United States Donald Trump wearing a capirote (a pointed hood as worn by members of the Ku Klux Klan). The Authority found such confronting symbolism pushed the boundaries of acceptable satire. However, it did not breach the good taste and decency standard, given the importance of freedom of expression and satire as a legitimate form of expression. Mr Trump’s public profile was also a factor. The complainant had not identified any affected section of the community to which the discrimination and denigration standard applied. Nor did the accuracy standard apply as the programme was not news, current affairs or factual programming. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Accuracy...
Download a PDF of Decision No. 1993-010–024: Sharp and 6 Others and Television New Zealand Ltd - 1993-010–024 PDF3. 96 MB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 77/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TV3 NETWORK SERVICES LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host commented that Māori Television had complained to the BSA about comments he had made in an earlier broadcast – referred to Māori Television as “racist, separatist, and apartheid” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly opinion – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis headnote does not form part of the decision. Broadcast[1] On 16 June 2006 on Radio Pacific at approximately 6. 10am, the host John Banks commented that Māori Television had complained to the Broadcasting Standards Authority about comments he had made in an earlier broadcast....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Consumer Affairs, Radio Pacific – interview with Steve Crowe – covered a range of aspects of the adult entertainment industry – complainant alleged content was crass and morally reprehensible – allegedly in breach of good taste and decency, balance and social responsibility Findings Principle 1 (good taste and decency) – tone of discussion matter of fact – item broadcast at midday – show targeted at an adult audience – not upheldPrinciple 4 (balance) – item did not deal with a controversial issue of public importance – balance requirement did not apply – not upheldPrinciple 7 (social responsibility) – item did not encourage denigration – unlikely that children would have been listening – not upheldThis headnote does not form part of the decision....