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ComplaintOne News and One Late Edition – news items – Bailey Kurariki – referred to as a "killer" – inaccurate – unfair Findings Standard 5 – manslaughter definition – reference not inaccurate – no uphold Standard 6 – Bailey Kurariki not dealt with unfairly – no uphold This headnote does not form part of the decision. Summary [1] On One News at 6. 00pm and on One Late Edition at 10. 35pm on 16 September 2002, a report about the sentencing of the people convicted for the killing of Michael Choy was broadcast. [2] Atihana Johns complained to Television New Zealand Ltd, the broadcaster, that the news reports relating to one of the people sentenced, Bailey Kurariki ("Bailey"), were inaccurate because they referred to Bailey as a "killer" and dealt with him unfairly....

The Authority has not upheld a complaint that an item on RNZ National’s Morning Report on 14 January 2022 breached the discrimination and denigration standard by voicing-over comments made by international students. The complainant alleged this implied that foreign students and immigrants are not easily understood due to their accents, thereby reinforcing xenophobia. The Authority found ‘international students’ and ‘immigrants’ did not constitute relevant sections of the community for the purposes of the standard. In any event, the broadcast would not have reached the threshold required for finding a breach. Not Upheld: Discrimination and Denigration...

Summary [This summary does not form part of the decision. ] During Talkback with Karyn Hay and Andrew Fagan, the host Mr Fagan made comments about a regular caller, the complainant, who went by the name of ‘Alex’. He said ‘back in 17-something… I’d meet him on the beach as the sun came up and I’d potentially kill him or let him kill me in a duel’. The Authority did not uphold the complaint that the host had made a ‘veiled death threat’ against the complainant. It was clear the host was not making a serious death threat, but was using provocative, metaphorical language to express his strong views about the complainant. Not Upheld: Law and Order, Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Karyn Hay and Andrew Fagan, Mr Fagan made comments about a regular caller who went by the name of ‘Alex’....

Download a PDF of Decision No. 1993-067–068:Newborn and Becker and Television New Zealand Ltd - 1993-067–068 PDF (1. 07 MB)...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-140 Decision No: 1997-141 Decision No: 1997-142 Decision No: 1997-143 Dated the 13th day of November 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LYNN PHEASE of Putaruru and MARGARET MITCHELL of Tokoroa Broadcaster TV3 NETWORK SERVICES LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-072 Dated the 9th day of July 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by DAVID HAY of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INC S R Maling Chairperson L M Loates R McLeod J Withers...

Summary A representative of a beneficiaries’ organisation was interviewed on National Radio’s Nine to Noon on 21 July 1999 beginning at 9. 06am. The interview arose in the context of controversy surrounding the operation of Work and Income New Zealand. Mr Boyce complained to RNZ, the broadcaster, that the beneficiary representative was not treated fairly because he was not named in the introduction to the item. He contended that the interviewee was discriminated against because of his status as a beneficiary. RNZ provided a brief response in which it asserted that the interviewee had been dealt with fairly, and that it had acted in a socially responsible manner. It declined to uphold the complaint. Dissatisfied with RNZ’s response, Mr Boyce 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 declines to determine the complaint....

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

SummaryA segment of Sunday Supplement included an opinion piece by a contributor called James Macky. He commented at length on a newspaper column captioned "If gay is the answer, what’s the question". The programme was broadcast on National Radio on 22 August 1999 between 8. 45–9. 00am. The Credo Society Incorporated, through its secretary Mrs Barbara Faithfull, complained to Radio New Zealand Ltd, the broadcaster, that the segment was biased and contained unfair and inaccurate comment. The speaker employed deceitful means by using an assumed name, Mrs Faithfull wrote, and the effect of that was to mislead listeners about the speaker’s credibility. RNZ responded that the segment was an opinion piece in Sunday Supplement which was a programme of review and opinion....

SummaryThe members of the Authority have viewed the item complained about and, at TV3’s request, have viewed field footage relating to the production of the item. They have also read all of the correspondence listed in the Appendix, which includes four affidavits from Diocesan officials, including the Bishop, an article from the October 1998 North and South magazine, an affidavit from TV3’s reporter, submissions from the Diocese, the Dean, Robert Rothel and Diccon Sim in response, a final submission from TV3 and the complainants’ final responses. The Authority was asked to convene a formal hearing to determine the complaints....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

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’....

Summary [This summary does not form part of the decision. ]A One News item discussed increased rates of domestic violence in Christchurch following the earthquakes. The Authority declined to determine the complaint that re-enactments showing domestic violence denigrated men and were ‘gender biased’. The Authority has previously declined to uphold a similar complaint from the complainant, which ought to have put him notice of the likely outcome of this decision. The re-enactments were visual wallpaper only, and the gender of the actors was not material. Declined to determine: Controversial Issues, Discrimination and Denigration Introduction[1] A One News item discussed increased rates of domestic violence over the Christmas period in Christchurch, observed in the wake of the Christchurch earthquakes. The item was broadcast on TV ONE on 20 December 2013....

Summary[This summary does not form part of the decision. ]A Nine to Noon programme included a segment featuring UK correspondent Dame Ann Leslie. In response to the host’s question ‘What is on your mind this week? ’, Dame Leslie commented on the British Labour Party, its leader Jeremy Corbyn and the Black Lives Matter UK organisation. The Authority did not uphold a complaint that Dame Leslie’s comments constituted an attack on Mr Corbyn, denigrated the BLM UK activists, and were inaccurate and unbalanced. Mr Corbyn and BLM UK were not treated unfairly, as both could reasonably expect to be subject to robust media scrutiny as a consequence of their public profile. While the item was a current affairs piece to which the balance standard applied, the issues were approached from Dame Leslie’s perspective and listeners would not have expected alternative views to be given....

The Authority did not uphold a complaint about a reference to ‘the heebies’ in a Newshub item canvassing reactions to Judith Collins’ appointment as leader of the National Party. The reporter asked then National MP Paula Bennett on camera, ‘Will this give Jacinda Ardern the heebies, do you reckon? ’ The complainant argued the term could be interpreted as offensive slang for Jew. The Authority considered most viewers would have understood the term as common slang used to express a feeling of nervousness or anxiety, rather than embedding derogatory connotations about Jewish people as a section of the community. Given the ambiguity around the term’s origins, it found its use in the context was unlikely to encourage discrimination or denigration, or threaten community standards of taste and decency. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

The Authority has not upheld a complaint alleging a segment on Police Ten 7 breached the discrimination and denigration standard. A man called a woman who had called the police a ‘nosey motherf***ing white c***’. The Authority found in the context of the long-running series, and the particular programme, this comment did not reach the threshold for a finding that it encouraged discrimination or denigration in breach of the standard. Not Upheld: Discrimination and Denigration...

Summary [This summary does not form part of the decision. ]The Authority declined to uphold the complaint that an episode of Jeremy Kyle, a talk show dealing with relationship breakdowns between guests, breached broadcasting standards. The complainant’s objections related to the nature of the series in general, rather than specific content in this episode. While elements could have caused discomfort or distress for viewers, the episode was consistent with audience expectations of the talk show genre, was rated PGR and was broadcast at a time when AO programmes are permitted, during the school term, so children were unlikely to be watching....

Summary Pulsate Wanaka Big Air contained a mix of competition skiing and music. The comment – "I hope he’s not gay" – was made by the presenter in response to being kissed on the top of his head by a competitor. The programme was broadcast on TV2 at 5. 00 pm on 15 August 1999. Ms Durkin complained to Television New Zealand Limited, the broadcaster, that in a programme aimed at the youth market such derogatory comments were irresponsible, reinforced negative stereotypes and created prejudice. TVNZ responded that the programme was presented in a light-hearted fashion and featured exuberant personalities. It was an off-the-cuff joke, it wrote, and was intended to be humorous. While it was sorry Ms Durkin was offended, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Ms Durkin referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Thomas the Tanked Engine – use of the word “faggot” – allegedly in breach of social responsibility Findings Principle 7 (social responsibility) and guideline 7a (denigration) – threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called Thomas the Tanked Engine, broadcast on Radio Hauraki’s Breakfast Show on 29 October 2007, the word “faggot” was used by the character Thomas. The following exchange took place between the characters Thomas and Percy: Thomas: Look Percy, there are the two key members of “King”. Percy: Queen. Thomas: Faggot. Percy: No Thomas, they’re (indistinct), oh never mind. . . Complaint [2] Michael Botur made a formal complaint to The Radio Network (TRN), the broadcaster, alleging that the character’s use of the word “faggot” was in breach of social responsibility standards....