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Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-037 Decision No: 1998-038 Dated the 23rd day of April 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by MANU CADDIE of Wellington Broadcaster CHANNEL Z Wellington S R Maling Chairperson L M Loates R McLeod J Withers...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-041 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary An episode of Dharma and Greg was broadcast on TV2 on 14 October 1998 between 7. 30-8. 00pm. A male character described two women as "deaf Cockney humpbacks". Mr Kirkland complained to Television New Zealand Ltd that the portrayal of deaf people in the programme was discriminatory and paternalistic, and perpetuated a stereotypical view about deaf people being stupid. He sought an apology from the broadcaster. TVNZ pointed out that this was a comedy programme in which the two characters regularly assumed character roles. In this case one decided to be a humpback who was hard of hearing while the other adopted a Cockney accent. A male character said to them "Hello deaf Cockney humpbacks". TVNZ said it found nothing in this exchange which suggested that deaf people were intellectually limited, nor anything that would encourage discrimination against deaf people....

Summary The film Primal Fear was broadcast on TV2 at 8. 30pm on 11 July 1999. It concerned the trial of a young man accused of the murder of a Roman Catholic archbishop. Aaron Authier complained to Television New Zealand Ltd, the broadcaster, that the film was an attack on Christianity. He said he objected to the blasphemous language used and the manner in which Catholic clergy had been represented in the film. In his view, it should have been preceded with a warning about its content. TVNZ responded by noting that the film was classified as AO and was screened during AO time. Furthermore, it was preceded by a warning which emphasised that it was intended for adult audiences. To the complaint that the film discriminated against Catholics and misrepresented the clergy, TVNZ responded by reminding the complainant that the film was a work of fiction....

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....

Complaint under section 8(1C) of the Broadcasting Act 1989APNA talkback – interview with managing director of Moshims Discount House Ltd about allegations that expired food items were sent as aid to flood victims in Fiji – after interview, a listener phoned in alleging that Discount House sold food that had passed its expiry date – allegedly in breach of accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – broadcast not a factual programme or current affairs – comprised of opinion – not upheld Standard 6 (fairness) – complainant given adequate opportunity to respond to claims – complainant and his company treated fairly – not upheld Standard 7 (discrimination and denigration) – not applicable – not upheld Standard 8 (responsible programming) – not applicable – not upheld This headnote does not form part of the decision....

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 –…...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host read out viewer feedback regarding Fiji’s involvement in Pacific Islands Forum – made comment “you ungrateful swine” – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – host’s comment directed at Fijian leaders – not a section of the community to which standard applied – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One on the morning of 5 August 2010, two MPs were invited onto the programme to discuss New Zealand’s involvement in the Pacific Islands Forum; a topical issue because the 41st leaders meeting was at that time being held in Vanuatu....

The Authority has not upheld a complaint alleging Kerre McIvor’s comments regarding cyclists breached the discrimination and denigration, fairness and balance standards. The comments did not refer to a recognised section of society as required by the discrimination and denigration standard and would not have reached the high threshold required to breach the standard. The individuals referred to in the broadcast were not treated unfairly, and the fairness standard does not apply to cyclists as a group. The balance standard was not breached as listeners were likely to have understood the comments as coming from Ms McIvor’s perspective. Not Upheld: Discrimination and Denigration, Fairness, Balance...

The Authority has not upheld a complaint about an item on 1 News which reported on Prime Minister Jacinda Ardern’s visit to the United States Congress, where she spoke with lawmakers including Senator Mitt Romney. The complaint alleged the use of the terms ‘Mormon’ and ‘god-fearing and gun-toting’ in the context of comments about Romney breached the discrimination and denigration standard. The Authority found the comments 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...

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a segment on The AM Show, in which a booth designed to enable doctors to perform discrete testicle examinations was likened to a ‘confession booth’, breached the good taste and decency and discrimination and denigration standards. The Authority found that, in the context of the segment, the comparison was unlikely to undermine or violate widely shared community norms. It also did not reach the level of malice or nastiness necessary to denigrate a section of the community. The public health message in the broadcast was an important one and overall the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 90/95 Decision No: 91/95 Dated the 24th day of August 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by JILL JEFFS of Orewa and R BROWN of Otorohanga Broadcaster TELEVISION NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...

An appeal against this decision by Bishop Denis Browne was dismissed in the High Court: CIV 2006-485-1611 PDF109....

Complaint under s. 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – talkback host Tim Drover – terminated two calls perfunctorily – one caller described as “old witch” with a “brain the size of a pea” – allegedly unfair, offensive, unbalanced, and denigratory Findings Principle 5 (fairness) – calls terminated to prevent the broadcast of racist views – comments borderline unfair – not upheld Principle 1 (good taste and decency) – not offensive in talkback context – not upheld Principle 4 (balance) – not unbalanced – not upheld Principle 7 (social responsibility) and Guideline 7a (denigration) – not socially irresponsible to avoid the expression of racist views – not upheldThis headnote does not form part of the decision. Broadcast [1] A caller to Newstalk ZB referred to her visit to Porirua City but the host (Tim Drover) interrupted her....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-110 Dated the 21st day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by W M MOORE of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod A Martin...

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 1989Radio Live – host described the late King of Tonga as “King, fat King, brown slug King, Tupou the fourth of Tonga” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – contextual factors – not upheldPrinciple 7 (social responsibility) and guideline 7a (denigration) – comments were made about an individual, not a “section of the community” – not upheldThis headnote does not form part of the decision. Broadcast[1] During a Radio Live talkback programme between 9am–12pm on Tuesday 12 September 2006, host and Mayor of Wanganui Michael Laws commented that he had been amazed to receive a directive from the Prime Minister’s office that the city should fly the New Zealand flag at half mast to mark the passing of the King of Tonga, Tāufa ’āhau Tupou IV....