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The Authority has not upheld a complaint that the movie Fifty Shades Darker was in breach of standards because it glorified a manipulative and abusive relationship. The Authority found viewers were sufficiently informed about the nature of the content to enable them to manage their own viewing. The movie did not contain any content that would go beyond audience expectations for the classification and timeband, especially given the well-publicised nature of the movie. The movie did not encourage violent or law-breaking activity. Finally, the Authority also found that people who engage in BDSM (a sexual practice that involves the use of physical control, psychological power, or pain) are not a recognised group for the purposes of the discrimination and denigration standard. Not Upheld: Good Taste and Decency, Violence, Law and Order, Discrimination and Denigration...

Download a PDF of Decision No. 1993-001:Sharp and Television New Zealand Ltd - 1993-001 PDF (374. 35 KB)...

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...

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...

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 that two items on 1 News concerning Russia’s invasion of Ukraine breached the balance, accuracy, discrimination and denigration, and fairness standards. The first item reported on possible war crimes committed by Russia in Ukraine, and the second on New Zealand providing further financial and military aid to Ukraine. The Authority found the broadcaster made reasonable efforts to present significant points of view in the items, and the accuracy standard was not breached. While the complainant was concerned the broadcasts discriminated against Russian people, the Authority found the broadcasts did not refer to Russian people generally, and rather referred to the Russian government or its military. The fairness standard did not apply. Not upheld: Balance, Accuracy, Discrimination and Denigration, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenters used the term “anti-gay” to refer to people who opposed same-sex marriage – allegedly in breach of accuracy, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – while use of term “anti-gay” was sloppy, and incorrect when taken in isolation, it was corrected by context of discussion about gay marriage – not upheld Standard 7 (discrimination and denigration) – term “anti-gay” was used in context of discussion about gay marriage and did not carry any malice or invective – did not encourage discrimination or denigration against people opposed to same-sex marriage – not upheld Standard 8 (responsible programming) – viewers would not have been deceived – not upheld This headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

Download a PDF of Decision No. 1993-084:Sharp and Television New Zealand Ltd - 1993-084 PDF500. 47 KB...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Paul Holmes Breakfast – host discussed recent terrorist attacks in Mumbai – made various comments about Muslims and terrorism – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards Findings Standard 7 (discrimination and denigration) – programme was an opinion piece – lacked the necessary invective to cross the threshold for denigration – not upheld Standard 4 (controversial issues - viewpoints) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 5 (accuracy) – programme was not a news, current affairs or other factual programme – standard not applicable – not upheld Standard 6 (fairness) – not unfair to Muslim people – not upheld This headnote does not form part of the decision....

Summary An American documentary entitled Scared Straight – 20 Years On was broadcast by TV3 on 12 July 1999 at 8. 30pm. It examined a rehabilitation programme for youthful offenders which was based on behaviour modification. The programme was trialled in the 1970s, and 20 years later some of those participants were asked about their experiences on the course and how they had lived their lives since then. James Whitham complained to TV3 Network Services Ltd, the broadcaster, that the programme condoned violence and encouraged intimidating and threatening behaviour. He contended that it had breached a number of broadcasting standards. TV3 responded by noting that the behaviour modification programme had been used successfully in America to help teenage offenders. In the context of an AO programme, which had been preceded by a verbal and written warning relating to language, TV3 maintained that no standards had been breached....

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....

The Authority has not upheld a complaint that it was inappropriate to broadcast images of spiders due to viewers potentially having arachnophobia. The Authority found the images were unlikely to cause widespread undue offence, and the introduction to the item gave viewers who did not want to see spiders the opportunity to switch off. The programme information and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Programme Information, Discrimination and Denigration....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 94/95 Dated the 21st day of September 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by R J ENGLAND of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-066 Dated the 27th day of June 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryThe morning broadcast on The Rock on 14 July 1999, included a "joke" about an Indian superette owner and his Pakistani worker. Mr Yousef complained to The RadioWorks, the broadcaster, that the joke was offensive and demeaning. He considered that the joke was both in bad taste and cast a "racial and religious slur". The broadcaster responded that the show was targeted at an audience of males aged between 18-39 years and that its style appealed to large numbers of that group. In the broadcaster’s view, those people were entitled to their own radio station which reflected their values, language and attitudes. The RadioWorks declined to uphold the complaint. Dissatisfied with the broadcaster’s decision, Mr Yousef referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons given below, the Authority upholds the complaint....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM Breakfast – host and caller used the term “poofter” – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – comment did not contain sufficient invective to reach the threshold for encouraging discrimination or denigration – not upheld This headnote does not form part of the decision. Broadcast [1] Between 8am and 9am during the More FM Breakfast programme, broadcast on More FM on 21 May 2010, the hosts discussed how they would be participating in a winter pool jump. A female host said, “So you’ve got to grin and bear it, suck it up. Don’t be a wuss. ” A male host said he had been talking to his dad about it, because he had done a winter swim before....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...