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Flowers and Television New Zealand Ltd - 1994-126
1994-126

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by MAVIS FLOWERS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Fisher and The Radio Network Ltd - 2008-114
2008-114

Complaint under section 8(1B)(b)(ii) of the Broadcasting Act 1989 NewstalkZB – during a discussion about the vice presidential candidate for the Republican Party, Sarah Palin, one of the regular commentators stated that Ms Palin's daughter was "the town bike” and that her family was "low-rent" – broadcaster upheld complaint that the comments breached Standard 1 (good taste and decency) and Standard 7 (discrimination and denigration) – action taken by broadcaster to rectify breaches allegedly insufficient Findings Standards 1 (good taste and decency) and 7 (denigration and discrimination) – broadcaster upheld complaint under two standards and counselled host on remark – action taken by broadcaster sufficient – not upheld This headnote does not form part of the decision. Broadcast [1] An item on Newstalk ZB, broadcast at 8....

Decisions
George and Television New Zealand Ltd - 2002-084
2002-084

ComplaintOne News – Australian Governor-General – alleged cover-up of sexual abuse – Merepeka Raukawa-Tait interviewed – suggested Australians were hypocritical as their silence may have contributed to abuse – unbalanced – unfair – inaccurate FindingsStandard 4 and Guideline 4a – item balanced about matter of Governor-General’s tenure – no uphold Standard 5 – item accurate – no uphold Standard 6 and Guideline 6g – no evidence of denigration – no uphold This headnote does not form part of the decision. Summary [1] Controversy over the allegations that the Australian Governor-General, Dr Peter Hollingworth, had covered up sex abuse cases when Archbishop of Brisbane was dealt with in an item on One News, broadcast at 6. 00pm on 22 February 2002. The Chief Executive of Women’s Refuge in New Zealand, Merepeka Raukawa-Tait, when interviewed, suggested that the criticism directed at Dr Hollingworth was hypocritical....

Decisions
Van Peursem & Fox and Discovery NZ Ltd - 2021-056 (24 August 2021)
2021-056

The Authority has not upheld two complaints about an item on The Project. A presenter commented ‘I think happily we don’t have many Americans in New Zealand so we probably won’t end up in that situation’, in response to a question from another presenter, about whether New Zealanders would start demanding a right to bear arms as in the United States, in light of a recent knife attack. The complainants alleged these comments were discriminatory against Americans, and breached the discrimination and denigration standard. The Authority acknowledged the comments had the potential to cause offence, but found they did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: 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
Mather and Television New Zealand Ltd - 2022-088 (5 October 2022)
2022-088

The Authority has declined to determine three complaints about different programmes broadcast on TVNZ channels on 4 July 2022 as the concerns related to the complainant’s personal preferences on what should be broadcast, and other issues raised have recently been dealt with and did not warrant further determination. Decline to determine (section 11(b) in all the circumstances the complaint should not be determined): Offensive & Disturbing Content; Discrimination & Denigration...

Decisions
Oxley and Radio New Zealand Ltd - 2022-105 (22 November 2022)
2022-105

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...

Decisions
Pui & BH and Television New Zealand Ltd -2024-038 (7 August 2024)
2024-038

Warning: This decision discusses issues of sexual abuse of children and suicide. The Authority has not upheld a complaint that documentary 1 Special: The Lost Boys of Dilworth was inaccurate by not mentioning the denomination or titles of school chaplains involved in sexual abuse of students, or a complaint that the inclusion of re-enactments of memories of survivors re-traumatised victims of abuse, promoted sexual offending against children, breached privacy and was unfair to child actors involved. The Authority found that omission to mention the denomination or title of chaplains would not have materially altered the audience’s understanding of the documentary. The Authority also found that the inclusion of re-enactments did not breach the standards nominated, noting in particular that audience members (including survivors of abuse) were given appropriate information to make informed viewing decisions, no re-enactment depicted sexual violence and the offending of paedophiles was condemned throughout....

Decisions
Wilson and NZME Radio Ltd - 2023-085 (8 April 2024)
2023-085

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

Decisions
Casley & Stewart and Television New Zealand Ltd - 2023-075 (29 November 2023)
2023-075

The Authority has not upheld complaints about a Breakfast interview with Labour MP Tangi Utikere. During the interview, Utikere was asked about reports of a ‘leaker’ within the Labour caucus, and was repeatedly questioned on whether he himself was the leaker. The complainants alleged the interview amounted to bullying and denigrated Utikere. The Authority acknowledged the questioning was sustained, but was within the scope of the type of questioning expected of a politician, particularly in the lead up to an election, and the broadcast was not in breach of the fairness standard (with respect to treatment of Utikere or former Minister Kiritapu Allan). The balance and discrimination standards were either not applicable or not breached.   Not Upheld: Fairness, Balance, Discrimination and Denigration...

Decisions
Ffowcs-Williams and NZME Radio Ltd - 2023-092 (31 January 2024)
2023-092

The Authority has not upheld a complaint that action taken by NZME Radio Ltd was insufficient, after the broadcaster upheld a complaint under the discrimination and denigration standard about the use of the phrase ‘you’d have to be on the spectrum’ on Newstalk ZB’s Heather du Plessis-Allan Drive programme. As part of a discussion about the ‘political week that was’, political reporter Barry Soper commented, ‘you would have to be on the spectrum to go out there and vote for them [Te Pāti Māori]’, which the complainant considered was discriminatory towards people with autism. The Authority found the broadcaster’s decision to uphold the complaint, apologise to the complainant, and counsel du Plessis-Allan and Soper on the importance of considering the potential offence and impact of comments on sections of the community, was sufficient in the circumstances. Not Upheld: Discrimination and Denigration (Action Taken)...

Decisions
Waisbrod and Television New Zealand Ltd - 2024-012 (22 April 2024)
2024-012

The Authority has not upheld a complaint a news report on 1News breached several standards, by using the phrase Hamas ‘fighters’, rather than Hamas ‘terrorists’. The Authority found the choice of word could not reasonably be said to encourage the different treatment of Jewish or Israeli people, devalue their reputation, or embed negative stereotypes about them. Under accuracy, the Authority found the word was not inaccurate, was not material in the context of the broadcast as a whole, and there was no harm at a level justifying limitation of the broadcaster’s right to freedom of expression and editorial independence. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance and Fairness...

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
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
McKenzie and Television New Zealand Ltd - 2022-141 (1 May 2023)
2022-141

The Authority has not upheld a complaint the documentary Web of Chaos breached multiple standards. The complainant alleged the broadcast represented ‘women who like sewing and interior design as extremists’, which was allegedly ‘racist, sexist, anti-Christian and anti-women of Celtic origin’, lacked any balancing comment from women involved in the community, contained multiple inaccuracies, and was unfair. The Authority found the broadcast did not discriminate against or denigrate any of the nominated sections of the community and the broadcast was materially accurate. This was because the relevant comments were not claiming that all people participating in online craft communities were white nationalists, but rather these communities (like many other online communities) were exposing inadvertent users to extremist ideas. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance, Fairness...

Decisions
Livingstone and Discovery NZ Ltd - 2023-013 (16 May 2023)
2023-013

The Authority has not upheld a complaint that a promo leading to a news report on Newshub Live at 6pm breached the discrimination and denigration standard in its use of the word ‘Aboriginals’ when describing Aboriginal peoples / First Nations peoples in Alice Springs, and for discussing concerns of rising crime in Alice Springs. While acknowledging the description ‘Aboriginals’ rather than ‘Aboriginal people(s)’, is no longer considered appropriate terminology in Australia, the host’s statement was made without malice or nastiness as part of a straightforward news report on rising criminal activity. The broadcaster also advised the complainant’s concern regarding correct terminology has been passed on to the Newshub team. The Authority did not consider regulatory intervention justified in these circumstances. Not Upheld: Discrimination and Denigration...

Decisions
Kerr and Television New Zealand Ltd - 2023-022 (9 August 2023)
2023-022

The Authority has not upheld a complaint an episode of So Dumb its Criminal broadcast at 9. 30pm on Duke breached the offensive and disturbing content and discrimination and denigration standards. The broadcast, hosted by Snoop Dogg, featured a panel of Black comedians commenting on clips of criminals making ‘dumb’ mistakes. The commentary by the panel included multiple uses of the n-word, jokes about white people and ‘white privilege’, and what appeared to be a reference to a fictional kung fu character when describing one of the people featured. While the Authority acknowledged the potential harm in the use of the n-word, it noted this word has been ‘reclaimed’ by the communities affected by it, and was used in the broadcast by Black comedians joking amongst themselves....

Decisions
Carter and Television New Zealand Ltd - 2023-113 (20 February 2024)
2023-113

The Authority has not upheld a complaint regarding an item on 1News covering a Hobson’s Pledge campaign against bilingual road signage. The complaint was that the coverage was biased and unfair by suggesting feedback using the Hobson’s Pledge template was ‘bad’, trying to influence how people gave feedback, and only interviewing members of the public in support of bilingual signage. The Authority found the broadcaster provided sufficient balance and the item was not unfair, as Hobson’s Pledge was given an opportunity to comment, and its position was adequately presented in the item. The complaint did not identify any inaccurate statement or reasons why the item was inaccurate, and the discrimination and denigration standard did not apply. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...

Decisions
Phease and Mitchell and TV3 Network Services Ltd - 1997-140–143
1997-140–143

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Hay and Access Community Radio Auckland Inc - 1998-072
1998-072

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-072 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HAY of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC S R Maling Chairperson L M Loates R McLeod J Withers...

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