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Decisions
Kearney and Television New Zealand Ltd - 2002-200
2002-200

ComplaintHolmes – interview – inappropriate reference to Noam Chomsky – "he should be shot" FindingsStandard 2; Standard 5; Standard 6 – colloquialism – contextual factors – no uphold This headnote does not form part of the decision. Summary [1] An interview with forensic anthropologist Kathy Reichs was broadcast on Holmes on TV One at 7. 00pm on 2 September 2002. Having ascertained that Ms Reichs knew Noam Chomsky, described as an anthropologist (sic), the interviewer (Mr Holmes) commented; "he should be shot". [2] The Kearneys complained to Television New Zealand Ltd, the broadcaster, stating that in the context in which it was spoken the comment "constituted the worst and most disgraceful abuse of the position of an interviewer". [3] In declining to uphold the complaint, TVNZ said the remark carried no malice and was simply a figure of speech, spoken in jest....

Decisions
Bhandiwad and SKY Network Television Ltd - 2010-153
2010-153

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Crowd Goes Wild – host made comments about acclimatising to conditions in India leading up to the Commonwealth Games – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – host’s comments related to conditions in India – comments did not encourage discrimination against, or denigration of, Indian people as a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of The Crowd Goes Wild, broadcast on Prime at 7pm on 14 September 2010, an item reported on the Samoan Rugby Sevens team’s training in preparation for the Commonwealth Games in India. Following the item, one of the hosts, Mark Richardson, said to his co-host Andrew Mulligan: I think that’s wonderful, you know, trying to acclimatise by training in the heat....

Decisions
Stewart and Television New Zealand Ltd - 2011-063
2011-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

Decisions
Yates and Radio New Zealand Ltd - 2015-046
2015-046

Summary[This summary does not form part of the decision. ]An item on Worldwatch reported on a request from the Iraqi Prime Minister to President Obama for continued assistance in defeating Islamic State militants in his country. Another item reported on a rally which took place in Nigeria's capital to mark the first anniversary of the abduction of some 200 school girls by the 'terrorist group Boko Haram'. The Authority did not uphold the complaint that the use of the terms 'Islamist terrorism' and 'terrorist' was selective and denigrated people who follow Islam. The references were accurate, did not carry any invective and were not exclusive to Islamic groups so the programme as a whole could not be considered to encourage discrimination against, or the denigration of, all people of the Islamic religion. The complainant did not specify who he believed had been treated unfairly....

Decisions
Wallace and SKY Network Television Ltd - 2016-037 (25 July 2016)
2016-037

Summary[This summary does not form part of the decision. ]During an episode of The Crowd Goes Wild, the hosts discussed the results of the US Masters golf tournament. Host Mark Richardson, referring to English golfer Danny Willett (who ultimately won the tournament), commented in relation to footage of Mr Willett playing a hole, ‘you’re leading the Masters – how’re you going to handle this, you pommy git? Right, so pretty well then, old chap I see’. The Authority did not uphold a complaint that the phrase ‘pommy git’ was openly racist and derogatory. The hosts of The Crowd Goes Wild are known for their style of presentation and humour, which is often irreverent and ‘tongue-in-cheek’. The comments were not ‘nasty’ or ‘derogatory’ and were not intended to reflect negatively on English people generally....

Decisions
Cooper and Television New Zealand Ltd - 2019-116 (16 June 2020)
2019-116

The Authority did not uphold a complaint under the discrimination and denigration standard about a personal anecdote told by Seven Sharp presenter Jeremy Wells, describing the moment ‘Angela D’Audney sat on my desk as a 20-year-old in a leopard-print mini-skirt’. Stumbling over his words, Mr Wells then said, ‘see, it’s got me excited even thinking about it’. The complaint was that Mr Wells: outlined sexually inappropriate conduct against a female coworker; undermined and demeaned his female coworkers; and by saying it on national television, normalised and condoned sexual discrimination in the workplace. The Authority acknowledged Mr Wells’ choice of anecdote was ill-advised and inappropriate and that it may have offended some people. However it emphasised that in itself is not sufficient to find a broadcast encouraged discrimination or denigration. There is a high threshold for finding a breach, in light of the important right to freedom of expression....

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
Pack-Baldry, Palestine Solidarity Network Aotearoa, Taylor-Moore & Wellington Palestine Group and Television New Zealand Ltd - 2024-040 (12 November 2024)
2024-040

The Authority has not upheld four complaints that interviews on Q+A with Israeli and Palestinian representatives breached multiple broadcasting standards. On 21 April 2024, Jack Tame from Q+A interviewed Ran Yaakoby, the Israeli Ambassador to New Zealand. On 5 May 2024, Q+A interviewed Dr Izzat Salah Abdulhadi, head of the Palestinian Delegation to New Zealand. The complaints were made under several standards and included claims that: statements made by Yaakoby and Tame were inaccurate; Tame did not push back hard enough on Yaakoby; the interviews did not provide balance; the 21 April interview was unfair to Hamas, offensive, and discriminatory. The Authority did not uphold complaints under the accuracy standard on the basis: the relevant points concerned opinion to which the standard does not apply; reasonable efforts had been made to ensure accuracy; any harm was outweighed by freedom of expression; or the points were not materially inaccurate....

Decisions
Boyce and Radio New Zealand Ltd - 2021-143 (16 February 2022)
2021-143

The Authority has not upheld complaints about a press conference by Prime Minister Jacinda Ardern and comments by Professor Michael Baker regarding restrictions for persons who do not have a COVID-19 vaccination. It found the discrimination and denigration standard did not apply to either broadcast and the balance and law and order complaints were not upheld in respect of the second complaint. The interview with Professor Baker was clearly signalled as approaching the issue from his perspective and there has been widespread discussion in other media about whether restrictions on people that are unvaccinated are justified. The Authority found listeners were in a position to arrive at informed and reasoned opinions regarding this issue. It also found the broadcast did not encourage any illegal or antisocial activity. Not Upheld: Law and Order, Discrimination and Denigration, Balance...

Decisions
Lowes and MediaWorks TV Ltd - 2014-037
2014-037

Summary [This summary does not form part of the decision. ] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom referred to ‘England’ in its introduction. The broadcaster upheld the complaint that this was inaccurate and apologised to the complainant. The Authority considered the broadcaster took sufficient action and that the broadcast did not breach the other standards nominated. Not Upheld: Accuracy (Action Taken), Fairness, Discrimination and Denigration Introduction [1] An item on 3 News reporting on a shift in social networking choices by young people in the United Kingdom, referred to ‘England’ in its introduction. The item was broadcast on 29 December 2013 on TV3....

Decisions
Lawler and Radio New Zealand Ltd - 2013-068
2013-068

Summary [This summary does not form part of the decision. ]A presenter on Radio New Zealand Concert introduced a piece of music, saying the composer was ‘considered to be a degenerate in Germany because of his Jewish origins’. The Authority did not uphold the complaint that the announcer’s comment was in bad taste and denigrated Jewish people. The comment was simply a factual statement giving context to the composer’s work, and was a reference to how he was viewed by the Nazis, not an expression of the presenter’s personal opinion. Not Upheld: Good Taste and Decency, Discrimination and DenigrationIntroduction[1] On the morning of 6 September 2013, the presenter of Radio New Zealand Concert introduced a piece of music, as follows: …and now we’ve a fantasy by a composer considered to be a degenerate in Germany because of his Jewish origins....

Decisions
Church of Scientology of New Zealand, Frater and Kershaw and TV3 Network Services Ltd - 1993-085, 1993-086, 1993-087
1993-085–087

Download a PDF of Decision No. 1993-085–087:Church of Scientology of New Zealand, Frater and Kershaw and TV3 Network Services Ltd - 1993-085, 1993-086, 1993-087 PDF2. 08 MB...

Decisions
Paton-Simpson and Television New Zealand Ltd - 1992-086
1992-086

Download a PDF of Decision No. 1992-086:Paton-Simpson and Television New Zealand Ltd - 1992-086 PDF458. 1 KB...

Decisions
Malcolm and Others and Television New Zealand Ltd - 1994-068
1994-068

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 68/94 Dated the 18th day of August 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by EDWARD MALCOLM and OTHERS of Nelson Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris R A Barraclough L M Dawson...

Decisions
Smits and TV3 Network Services Ltd - 1996-066
1996-066

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...

Decisions
Garbutt and Radio New Zealand Ltd - 2020-140 (9 March 2021)
2020-140

A complaint about an interview between Susie Ferguson and Hon Judith Collins regarding issues which arose in the preceding day’s Leaders’ Debate was not upheld. Given the level of public interest in the interview and Ms Collins’ position and experience with the media, the Authority also found Ms Ferguson’s interview style did not result in Ms Collins being treated unfairly. Given the framing and structure of the interview, there was no lack of balance. The question about Ms Collins’ motivations for praying (and her photograph being taken) in a chapel was not likely to encourage the different treatment, or devalue the reputation, of Christians. The accuracy standard did not apply as the relevant statements were comment, analysis or opinion. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

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
Al-Jiab and Television New Zealand Ltd - 2024-058 (4 December 2024)
2024-058

The Authority has not upheld a complaint that action taken by Television New Zealand Ltd was insufficient, after the broadcaster upheld a complaint under the accuracy standard about a statement in a 1News bulletin that ‘Israel would withdraw from Gaza’ as part of a peace proposal (when the proposal only contemplated withdrawal from densely populated areas). The Authority agreed with the broadcaster’s decision that the statement was materially inaccurate. However, it found TVNZ had complied with the accuracy standard requirement to correct material errors within a reasonable period by posting correct information on its website, and any potential harm caused by the broadcast was not of a level requiring any further action. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Discrimination and Denigration, Balance, Fairness...

Decisions
Thomas and Television New Zealand Ltd - 1998-058
1998-058

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-058 Dated the 28th day of May 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DR GLYN THOMAS of Palmerston North TELEVISION NEW ZEALAND LIMITED Broadcaster S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Bell & Wolters and NZME Radio Ltd - 2021-036 (21 July 2021)
2021-036

The Authority has not upheld two complaints about Mike Hosking’s statement on Mike Hosking Breakfast that the Duchess of Sussex was a ‘shallow, self-absorbed, attention-seeking, woke bandwagon-riding hussy’. The Authority found it was not likely to cause widespread, undue offence in the context. Although the discrimination and denigration standard applied, as the word ‘hussy’ may refer to and reflect upon women as a section of society, the comments did not meet the threshold justifying regulatory intervention. Not upheld: Good taste and decency, discrimination and denigration...

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