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Summary [This summary does not form part of the decision. ]Native Affairs reported on 'jailed Northland farmer, Allan Titford, and his fight with Te Roroa', and his supporters. The Authority did not uphold Kerry Bolton's complaint that the action taken by Māori TV, having upheld his complaint that it was inaccurate to accuse him of being a 'Titford supporter', was insufficient. This was a matter of interpretation and opinion that could not be conclusively assessed as accurate or inaccurate. The Authority also declined to uphold an additional complaint that the report was misleading and unfair. The report was based on the opinions of the interviewees and was legitimately presented from a Māori perspective. It was not necessary to present alternative views on Mr Titford's guilt or innocence, and no participant was treated unfairly....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, discrimination and denigration, and responsible programming standardsFindingsStandard 1 (good taste and decency), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – segment was an attempt at humour and satire – the outcome as broadcast demonstrated flaws in stereotyping – broadcast would not have offended most listeners in context, was not socially irresponsible, and did not reach high threshold required for encouraging denigration of, or discrimination against, any of the groups referred to as sections of the community – not upheld This headnote does not form part of the decision....

ComplaintPaul Holmes Breakfast on Newstalk ZB – derogatory comment about Catholic Church and the Pope FindingsPrinciple 7 and Guideline 7a – intemperate and populist contribution to global debate – high threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Referring to some recent publicity about priests who were paedophiles, the host of Paul Holmes Breakfast on Newstalk ZB made some highly critical comments about the Catholic Church and the Pope, including describing the Church as rotten to its core. The comments were broadcast at about 8. 20am on 1 July 2002. [2] Kathleen and Patrick McCartain, and Irene Angus, complained to The Radio Network Ltd (TRN), the broadcaster, that while they accepted critical opinion, they did not accept comments in which their faith and beliefs were "ridiculed so blatantly"....

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Summary [This summary does not form part of the decision. ]During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’. The Authority did not uphold two complaints that the host allowed Mr Pollard to make one-sided, inaccurate comments that were highly critical of conspiracy theorists. This was clearly an opinion piece, on a topic of human interest, so Mr Pollard’s comments were not subject to standards of accuracy, and the broadcaster was not required to present other significant viewpoints. Not Upheld: Accuracy, Controversial Issues, Fairness, Discrimination and DenigrationIntroduction[1] During a segment on Nine to Noon, titled ‘Science with Simon Pollard’, science commentator Simon Pollard spoke about ‘the science of conspiracy theories’....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Paul Holmes Breakfast – Newstalk ZB – comment about recent pack rape allegations against Australian rugby league players – host described women who attended parties with rugby league players as “moles” and suggested that they were asking for trouble – allegedly denigrated womenFindings Standard 7 – Guideline 7a (discrimination and denigration) – comment encouraged denigration of women who socialise with rugby league players – not a genuine expression of serious comment – upheldOrder Section 13(1)(a) – broadcast of a statementThis headnote does not form part of the decision. Broadcast [1] At about 7. 55am on 2 April 2004 the host of Paul Holmes Breakfast on Newstalk ZB (Paul Holmes) commented on recent pack rape allegations against a team of Australian rugby league players....

Complaints under section 8(1)(a) of the Broadcasting Act 1989Sunday – "Return to Sender" – item about the return to Sri Lanka of a 16-year-old woman who was deported despite claims that she had been sexually abused by family members to whom she was returning – included footage shot in Sri Lanka with members of the young woman's family and included comments about the sexual abuse of children in Sri Lanka – broadcaster allegedly failed to maintain standards consistent with law and order and breached young woman's privacy – item allegedly unbalanced, inaccurate and unfair Findings Standard 2 (law and order) – no New Zealand law in dispute – not upheld Standard 3 (privacy) – privacy principle (vii) – consent form signed by grandmother on young woman's behalf – not upheld Standard 4 (balance) and Guideline 4a – item discussed two controversial issues – (1) specific deportation and dangers for young woman –…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Live – host likened the appearance of a talent show contestant to that of a person suffering from an intellectual disability – allegedly in breach of good taste and decency and social responsibility standards Findings Principle 7 (social responsibility) – host’s comments intended to be positive – item lacked necessary invective to amount to encouraging denigration – not upheld Principle 1 (good taste and decency) – host had no intention to insult or offend – contextual factors – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Radio Live on 27 August 2007 discussed a British talent show contestant named Paul Potts and his rapid rise to fame after his singing audition on the programme “Britain’s Got Talent”....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-120 Dated the 18th day of September 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by RACHEL MEDUSA of Dunedin Broadcaster RADIO ONE 91 FM Dunedin S R Maling Chairperson L M Loates R McLeod A Martin...

An appeal against this decision was dismissed in the High Court AP46/02 PDF1. 3 MBComplaint20/20 – "Paradise Lost" – item on child prostitution in Fiji – breach of children’s privacy – unfair depiction of child victim – discrimination on account of sex, race and ageFindingsPrivacy – privacy principle (i) – public disclosure of private facts about children – highly offensive and objectionable facts – no public interest defence under privacy principle (vi) – upholdStandard G4 – child sex abuse victim treated unfairly – upholdStandard G13 – high threshold – no upholdCross-referenceDecision No. 1999-125–137OrderBroadcast of statementCosts to complainant of $463. 50This headnote does not form part of the decision. Summary[1] "Paradise Lost", an item on 20/20, was broadcast on TV3 at 7. 30pm on 15 July 2001....

ComplaintThe Rock – 14 complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings in Part I of DecisionFive complaints upheld as breaches of Principle 1; three complaints upheld as breaches of Principle 1 and Principle 7; one complaint upheld on basis that action taken insufficient Part I interim decision issued – submissions on penalty called for Submissions on PenaltySubstantive points made by The RadioWorks – "relevant submission" under section 10(1)(b) of the Broadcasting Act 1989 RadioWorks’ SubmissionBroadcasting Standards Authority in breach of New Zealand Bill of Rights Act – insufficient weight given to freedom of expression – Authority’s approach inconsistent with Court of Appeal’s Moonen decision Broadcasting Act – broadcasters responsible for maintaining standards – Radio Code of Broadcasting Practice developed by broadcasters and approved by Authority Bill of Rights – applies to Authority – applies…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – interview with former Breakfast presenter Paul Henry – questioned Mr Henry on his controversial remarks about the Chief Minister of Delhi – comments about the Chief Minister were re-broadcast – allegedly in breach of standards relating to good taste and decency, controversial issues and discrimination and denigration FindingsStandard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on Paul Henry and his perspective on the various controversies in which he was involved – not upheld Standard 7 (discrimination and denigration) – Paul Henry’s comments did not extend to a section of the community – interviewer challenged his views – interview did not encourage discrimination or denigration of Indian people – not upheld Standard 1 (good taste and decency) – comments about the Chief Minister revisited in current affairs context – interview would not have…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Robert & Jono’s Drive Show – host told personal anecdote about a man with Down Syndrome who fell off a swing and hurt himself – story intended to be humorous – host used the term “mental” to refer to people with intellectual disabilities – allegedly in breach of standards relating to good taste and decency, fairness and discrimination and denigrationFindingsStandard 1 (good taste and decency) – story was conveyed in a light-hearted manner – the term “mental” in reference to people with intellectual disabilities was used without malice or invective – co-host made mitigating comments – host also made comments that were positive towards people with intellectual disabilities – not upheldStandard 7 (discrimination and denigration) – comments did not amount to hate speech or vitriol and the story was told without malice – did not encourage the denigration of, or discrimination against,…...

Complaint under section 8(1C) of the Broadcasting Act 1989ZM Morning Crew – game called “Racial Profiling” in which hosts and contestant were asked to decide whether individuals who had committed certain offences in the United States were “black, white or Asian” – allegedly in breach of good taste and decency, and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – on the face of it the game perpetuated racial stereotypes – however the outcome as broadcast demonstrated flaws in stereotyping – attempt at humour and satire – freedom of expression outweighed potential harm caused – contextual factors – not upheld Standard 7 (discrimination and denigration) – broadcast did not encourage the denigration of, or discrimination against, any of the groups referred to as sections of the community – guideline 7a provides exemption for humour and satire – not upheld This headnote does not form part of the decision....

Te Raumawhitu Kupenga 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 Willie and Alison, host Willie Jackson referred to a caller (who seemed to snore, rather than talk, on the other end of the phone) as ‘one of those crackers’. The Authority did not uphold a complaint alleging that the term ‘cracker’ was a racial slur which discriminated against white people and/or poor white people. The host did not appear to use the term in the way alleged by the complainant, but rather as a light-hearted reference to the caller’s state of mind, and could not be said to have encouraged discrimination against, or denigration of, white people and/or poor white people in this context....

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. ]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....

The Authority has not upheld a complaint about comments by Sean Plunket on his talkback programme regarding Christians and Christianity. While Mr Plunket made highly critical comments and expressed scepticism, this was not beyond audience expectations for a robust, opinionated programme and was unlikely to cause widespread offence. Equally, the comments were unlikely to encourage the discrimination or denigration of Christians. The Authority found callers in to the programme were treated fairly by Mr Plunket, given they had willingly phoned in to provide views on a discussion in which Mr Plunket was criticising the Christian faith, and were given the opportunity to express their own views. The remaining standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Fairness, Violence, Accuracy, Balance...

The Authority has not upheld a complaint that an interview on The Weekend, which covered various aspects of racism in Canada, breached the good taste and decency and discrimination and denigration standards. The Authority found that the interviewee’s use of ‘goddamn’ as an expletive was unlikely to undermine or violate widely shared community norms. Further, the interviewee’s reference to the colonial treatment of Canada’s indigenous people did not breach the discrimination and denigration standard. The Authority found that the comments did not apply to a recognised section of the community consistent with the grounds for discrimination listed in the Human Rights Act 1993. The Authority therefore found any restriction on the right to freedom of expression would be unjustified. Not Upheld: Good Taste and Decency, Discrimination and Denigration...