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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 declined to determine a complaint alleging Midday Report breached the balance, accuracy, fairness, discrimination and denigration, and law and order standards. The Authority found in all the circumstances the complaint should not be determined as it amounted to the complainant’s personal preferences regarding matters of editorial discretion. Declined to determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Balance, Accuracy, Fairness, Discrimination and Denigration, Law and Order...

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem? ’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community....

Complaints under sections 8(1A) and 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported on the alleged practice of women offering sex in exchange for taxi rides – showed nightlife footage of central Auckland including shots of a number of young women – reporter interviewed taxi drivers and stated that one taxi driver had allegedly accepted sex in exchange for a taxi ride – allegedly in breach of standards relating to good taste and decency, privacy, controversial issues, accuracy, discrimination and denigration, and violence FindingsStandard 3 (privacy) – Ms Smith and taxi driver were not identifiable – Ms Gardner was identifiable but the item did not disclose any private facts about her – the footage of women was used as visual wallpaper for the story and clearly was not suggesting that the women were associated with the practice reported on, which was reinforced by a clarification broadcast the following night…...

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Summary [This summary does not form part of the decision. ] During Talkback with Sean Plunket, one caller expressed views opposing drilling including the fact drilling resources were sent to China who manufactured it into ‘crap’. Later in the programme, the host sarcastically referred back to the caller’s comments, referring to the ‘Damn Chinese’. The Authority did not uphold the complaint that his comments were offensive and disrespected Chinese people. The host was being sarcastic, and was actually defending China, not being derogatory. In any case the comments did not carry any invective and did not encourage the denigration of, or discrimination against, Chinese people. Not Upheld: Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Sean Plunket, one topic of discussion was proposed offshore drilling in Taranaki....

Summary [This summary does not form part of the decision. ]A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The Authority did not uphold the complaint that the item did not sufficiently include balancing comment. The item presented a number of comments in support of the beneficiaries, and it was clear the interviewees were offering their own opinion, which is not subject to standards of accuracy. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The item featured Social Development Minister Paula Bennett explaining the rationale for restricting beneficiaries’ overseas travel and expressing disappointment with the latest statistics. The item also included comment from Green Party co-leader Metiria Turei and Auckland Action Against Poverty spokesman Alastair Russell....

Download a PDF of Decision No. 1990-003:Ritchie and Television New Zealand Ltd - 1990-003 PDF983. 25 KB...

Summary[This summary does not form part of the decision. ]Saturday Morning featured a segment in which presenter Kim Hill interviewed former MP and spokesperson for lobby group Hobson’s Pledge, Dr Don Brash, about the use of te reo Māori in New Zealand, specifically in RNZ broadcasting, without translation. The Authority did not uphold a complaint that the interview was unbalanced and unfair. The Authority found that, while Ms Hill asked Dr Brash challenging and critical questions, Dr Brash had a reasonable opportunity to put forward his competing point of view, and listeners would not have been left misinformed with regard to Dr Brash’s position. Given the level of public interest in the interview, Dr Brash’s position and his experience with the media, the Authority also found Ms Hill’s interview style did not result in Dr Brash being treated unfairly....

Summary[This summary does not form part of the decision. ] A complaint from Seafood New Zealand Ltd (Seafood NZ) about an interview between Morning Report host Guyon Espiner and Dr Russell Norman of Greenpeace was not upheld. Dr Norman and Mr Espiner discussed Greenpeace’s view that the Ministry for Primary Industries (MPI) had been ‘captured’ by the fishing industry, and why MPI has not prosecuted anyone for under-reporting whiting catches, with reference to a leaked MPI report from 2012. While RNZ acknowledged the interview did not meet its internal editorial guidelines, as it should have at least acknowledged the views of other stakeholders, the Authority did not find any breach of broadcasting standards. The Authority found the interview was unlikely to mislead listeners as it was clear that the interview comprised Dr Norman’s and Greenpeace’s opinions and analysis....

Summary[This summary does not form part of the decision. ]A 3 News item reported on allegations of widespread doping amongst Russian athletes and included a reference to the disqualification of a Belarussian shot-putter at the London Olympics. The Authority did not uphold a complaint alleging the item was misleading, unbalanced and denigrated Russians by failing to differentiate between Belarus and Russia. The reporter accurately described the Belarussian athlete and the Russian Olympic team, and in the context of the item viewers would not have been misled into thinking Belarus and Russia were the same country. The item portrayed a range of significant viewpoints on the allegations of doping amongst Russian Olympic athletes and did not contain any material which discriminated against, or denigrated, Russians. Not Upheld: Accuracy, Controversial Issues, Discrimination and DenigrationIntroduction[1] A 3 News item reported on allegations of widespread doping amongst Russian athletes....

The Authority has not upheld a complaint about an item on Newshub Live at 6pm, which discussed a draft film script for the proposed film They Are Us, based on events surrounding the Christchurch terror attack on 15 March 2019. The complainant considered comments made during the broadcast, such as that the script was ‘a misleading and dishonest Americanisation of what happened in this country’ were derogatory towards 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...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Close Up – interview with Professor Richard Dawkins about his views on religious faith – allegedly in breach of good taste and decency, controversial issues, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item focused on Professor Dawkins’ views – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – no person or organisation treated unfairly – not upheld Standard 7 (discrimination and denigration) – guideline 7a exception for legitimate expression of opinion – comments did not contain sufficient invective to encourage denigration or discrimination – not upheld Standard 8 (responsible programming) – programme would not have caused panic, alarm or undue distress – not upheld This headnote does not form part of the decision....

Summary The Jesus Seminar movement, which denies the literal resurrection of Christ, was the subject of an item on Holmes broadcast on TV One beginning at 7. 00 pm on Good Friday, 10 April 1998. Mr Fox complained to Television New Zealand Limited, the broadcaster, that the item was biased and unbalanced in failing to interview a person of equal academic standing to Dr Veitch, who had been interviewed on behalf of the movement. Footage of school children in the item gave the message that Easter was for children and at the same level of belief as the Easter bunny, he wrote. TVNZ replied that it was appropriate on Good Friday to reflect on the diversity of views which existed within Christianity. The pastor interviewed had an extensive background in theological research, TVNZ wrote, and he provided the item’s balance....

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Summary[This summary does not form part of the decision. ]During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser? ’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item about dispute between two local councils in Manawatu region – stated that “Horizons Regional Council is taking Palmerston City Council to Court because it says the city is polluting the Manawatu River with sewage” – out-of-focus image of cattle grazing was displayed during the introduction to the item – allegedly in breach of accuracy and discrimination and denigration standards FindingsStandard 5 (accuracy) – image of cattle was blurry and difficult to discern – was used as visual wallpaper for introduction to item relating to pollution in rivers – image was not related to the item, but the item made it clear the focus was on pollution from sewage so viewers would not have been misled – not upheld Standard 7 (discrimination and denigration) – farmers are not a section of the community to which the standard applies – not upheld This…...

Summary [This summary does not form part of the decision. ]A participant on 'The Panel' during Afternoons with Jim Mora made comments about men wolf whistling at women, such as 'bring back the wolf whistle', 'a whistle is not harassment', 'a lot of women are the ones that haven't been whistled at, that have got a problem with it' and 'we are the peacocks, you guys are the ones that look at us'. The Authority did not uphold a complaint that the broadcast condoned and encouraged sexual harassment of women, as the panellist's comments were clearly her own opinion and did not reach the level of offensiveness required to find a breach of the relevant standards....

The Authority has not upheld a complaint about an item on Morning Report including an interview between reporter Phil Pennington and Minister for the Environment Hon David Parker, regarding toxic waste contamination at Tiwai Point. During the interview Mr Parker described himself as being ‘blind’ on the state of contamination at Tiwai Point. In the introduction to the interview, presenter Susie Ferguson referred to this comment, and in the course of examining Mr Parker’s awareness of the issue Mr Pennington queried it twice. The complainant submitted the use of ‘blind’ in this way denigrated people who are blind as it equated blindness with ignorance. The Authority found the use of ‘blind’ in this context did not meet the high threshold required to find a breach of the discrimination and denigration standard.   Not Upheld: Discrimination and Denigration...