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Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – reference to streaking incident during rugby game – host commented that streaker used baby oil “no doubt to prepare himself for the police baton” – alleged breach of good taste and decency, balance, fairness and accuracyFindings Principle 1 (good taste and decency) – context – not upheld Principle 4 (balance) – does not apply to editorial/opinion pieces – not upheld Principle 7 – Guideline 7a (denigration) – police not denigrated – not upheldThis headnote does not form part of the decision. Broadcast [1] At about 8. 00am on 23 March 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented about a streaker incident which occurred during a Super 12 Rugby game at Hamilton Park....

ComplaintZM 89. 8 – comments made about "iwi television" and the Karaka Yearling Sales – racial overtones – denigratory FindingsPrinciple 7 and Guideline 7a – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Comments made by the host of an afternoon programme were broadcast on ZM 89. 8 on Wednesday 29 January 2003 between 5. 00–6. 00pm. The comments related to "iwi television" and the Karaka Yearling Sales. [2] David Galbraith complained to The Radio Network Ltd, the broadcaster, that the comments had racial overtones and were unacceptable. [3] In response, TRN stated that no racial overtones could be detected in the host’s comments and declined to uphold the complaint. [4] Dissatisfied with TRN’s decision, Mr Galbraith referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Download a PDF of Decision No. 1993-003:Ritchie and TV3 Network Services Ltd - 1993-003 PDF364. 95 KB...

Summary[This summary does not form part of the decision. ]Hosts on The Morning Sound radio show discussed the news that the Tui Brewery at Mangatainoka had made a number of workers redundant. The hosts commented that the Brewery was where the ‘pretty’ and ‘hot girls’ worked and expressed their concern about them being ‘laid off’, making comments such as, ‘All the pretty girls are going. . . ’, ‘I hope they don’t get rid of any of the hot girls’, and ‘I don’t know if I can drink the beer if it’s not had the ladies’ touch. ’ The Authority did not uphold a complaint that this discussion was denigrating or discriminatory towards any female workers made redundant, or to women generally. The hosts were clearly referring to a series of satirical Tui television advertisements, which depicted the Mangatainoka Brewery as being run by women....

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....

The Authority has declined to determine a complaint that reality show Naked and Afraid, broadcast after 9pm on Rush, was indecent and should not be shown on television. In the show, a man and woman are left in a remote location naked and with few tools, with the goal to survive for 21 days. With reference to previous decisions on similar programmes, the Authority found the complaint should not be determined as it has consistently not upheld complaints concerning adult-oriented content on late night television when tools aiding choice and control are available. Further, the complaint concerned the complainant’s personal preferences and such complaints are not, in general, capable of being resolved by this complaints process. Decline to Determine: Offensive and Disturbing Content, Discrimination and Denigration...

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)...

The Authority has not upheld a complaint about a ‘crude’ and ‘insulting’ remark made on Heather du Plessis-Allan Drive. The host asked whether Dr Ashley Bloomfield’s ‘sphincter just [tightened]’ to indicate her belief that Dr Bloomfield might be concerned about the results of the Royal Commission of Inquiry into COVID-19 Lessons Learned. The Authority found the host’s comment was unlikely to disproportionately offend or disturb the audience. The threshold for finding a breach of the fairness standard is higher in relation to public figures, and the remark did not meet this threshold. The remaining standards did not apply. Not Upheld: Offensive and Disturbing Content, Fairness, Discrimination and Denigration, Balance...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Morning Report – news item reported on controversial comments made by Breakfast presenter, Paul Henry, about Chief Minister of Delhi and New Zealand’s Governor-General – comments about Chief Minister re-broadcast – allegedly in breach of good taste and decency and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – legitimate news report – contextual factors – not upheld Standard 7 (discrimination and denigration) – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] A news item on Morning Report, broadcast on Radio New Zealand National at 6. 38am on 8 October 2010, reported on controversial comments made by television presenter, Paul Henry, on Breakfast....

The Authority has not upheld a complaint about an episode of Queer Aotearoa in which it was stated the Human Rights Act 1993 (HRA) outlaws discrimination based on sexual orientation or gender identity. The complaint was made under three standards: discrimination and denigration, accuracy and fairness. The Authority found the statement was a genuine expression of serious comment, analysis or opinion rather than something likely to incite discrimination or denigration. Regarding accuracy, the Authority noted the comment was consistent with Human Rights Commission guidance on the interpretation of the HRA, and a reasonable interpretation of the HRA. The Authority found it was not materially inaccurate in the context of the broadcast. The fairness standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Fairness ...

The Authority has not upheld a complaint about an interview with Dame Jacinda Ardern on RNZ National, in which presenter Jesse Mulligan used the word ‘prick’ when asking Ardern about a past comment she made in Parliament. The complaint alleged the use of this language breached multiple standards. The Authority found it was low-level language that would not have surprised or offended most listeners in the context or alarmed or distressed any children who happened to be listening. The remaining standards did not apply.   Not Upheld: Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal and Antisocial Behaviour, Discrimination and Denigration, Balance...

The majority of the Authority has upheld a complaint that a segment on 1News Tonight reporting regarding an Israeli strike on Iran breached the accuracy standard. The complainant alleged the broadcast was misleading as the use of ‘unprecedented’ to describe a prior Iranian strike implied the Iranian strike was unprovoked, and this was compounded by the omission of reference to an earlier Israeli strike on an Iranian consulate building in Syria. The majority agreed the broadcast created a misleading impression of Iran’s actions through use of the term ‘unprecedented’ to describe its strike on Israel, inclusion of comments suggesting Israel’s strike to be a proportionate response and due to comments of the Iranian Foreign Minister being edited in a way rendering them unclear....

The Authority has not upheld a complaint about a Seven Sharp segment on the cancellation of drag storytime events due to ‘nasty backlash online’ from Destiny Church and Family First. The complainant considered the segment discriminated against and denigrated Christians, men, and others with conservative values, was unbalanced, and was unfair towards Destiny Church, Family First, and those with ‘traditional family values’. The Authority found the standards did not apply to the broad group of people holding the particular values specified. It found the segment did not encourage the discrimination or denigration of Christians, and the phrase ‘don’t be a dick’ was not ‘anti-male’, as claimed by the complainant. It found the broadcast adequately presented significant perspectives in compliance with the balance standard....

The Authority has not upheld two complaints about a 1News item on the Government’s rejection of an application to officially change the town of Russell to its original name, Kororāreka. The complainants alleged an interviewee’s comment that those against the name change were ‘usually older… always white’ was racist and ageist; the accuracy of the same statement was ‘questionable’; and the item was unbalanced, biased and unfair by only including interviews with people who supported the name change....

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...

The Authority has not upheld a complaint under the discrimination and denigration, and fairness standards about an interviewee saying, on Midday Report, Foreign Affairs Minister Rt Hon Winston Peters was ‘touching himself instead of doing a real job of caring for New Zealanders in difficulty’. Noting the threshold for finding a breach of the fairness standard is higher for politicians and public figures, the Authority found the brief comment would not have left listeners with an unfairly negative impression of Peters. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Fairness...

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....

ComplaintRadio Pacific – talkback host's reference to graffiti artists’ attitude to suicide included the words – they "should commit suicide more quickly" – immature – bigoted – offensive FindingsPrinciple 1 and Principle 7 Guideline 7a – no tape – decline to determine Principle 8 – relevant – uphold No Order This headnote does not form part of the decision. Summary [1] Graffiti artists were discussed on talkback broadcast on Radio Pacific at about 4. 15pm on 1 June 2001. In reply to a caller expressing concern about the suicide rate among that group, the host had used words to the effect "it is a pity more of them do not commit suicide more quickly". [2] Alan Royal complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the remark was "immature, bigoted and offensive"....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-113 Dated the 24th day of September 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by A F JUDGE of Matamata TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...