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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-117 Dated the 19th day of September 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by HEATHER HOWARD of Upper Hutt Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Summary A rugby coach found guilty of sexually assaulting young boys in his rugby club was described on a 3 National News item broadcast on 31 July 1998 as a "homosexual paedophile" and, according to a sports reporter on a 3 News Update item broadcast on 2 August 1998, the Gay Games contained events such as handbag throwing and the 200m dash in high heels. Calum Bennachie complained to TV3 Network Services Ltd that the description of the rugby coach implied that all paedophiles were homosexual or that all homosexuals were paedophiles, and that both implications were factually incorrect and portrayed gay and lesbian people as inherently inferior. He also complained that the emphasis on fringe events in the report on the Gay Games trivialised the achievements of the competitors....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – discussion about proposed changes to adoption laws to allow homosexual couples to adopt – host said he was “iffy” about the changes and that homosexuality was “unnatural” – co-host and some viewers disagreed with his views – allegedly in breach of discrimination and denigration Findings Standard 7 (discrimination and denigration) – host’s comments were provocative but encouraged debate – host’s views were countered by co-host and viewer feedback – tone was not sufficiently malicious to encourage discrimination or denigration – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Breakfast, broadcast on TV One between 6....

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Trinity Broadcasting Network – three-hour broadcast on Christian television station – two comments about homosexual relationships – allegedly encouraged denigration and discriminationFindings Standard 6 (fairness) and Guideline 6g (denigration) – expression of opinion – comments were brief and incidental to the main topic of discussion – not upheld This headnote does not form part of the decision. Broadcast [1] Channel 7 is a 24-hour Christian television station broadcast in Nelson. On 1 April 2004 the station featured a three-hour programme by Trinity Broadcasting Network, an American Christian television network. Part of this broadcast included a segment by Pastor Miles Munro about the power of the media. [2] Pastor Munro spoke about adultery, drinking and murders being shown on television, and how these things gradually become acceptable if viewed repeatedly....

ComplaintNewstalk ZB – Paul Holmes Breakfast – derogatory comments about United Nations Secretary-General Kofi Annan – including reference to Mr Annan as “cheeky darkie” – racist – offensive – breach of law and order – unbalanced – unfair – inaccurate – broadcaster upheld complaints – breach of good taste and racist – apologies – dissatisfied with action taken on aspects upheld – dissatisfied with aspects not upheld; interview with Dr Brian Edwards about women in journalism – host’s references to female journalists – sexist Findings(1) Action taken on Principles 1 and 7 regarding comments about Mr Annan – action taken sufficient – no uphold (2) Principle 2 – appropriately considered under Principle 7 – no uphold Principle 4 – editorial opinion – not applicable – no uphold Principle 5 – appropriately considered under Principle 7 – no uphold Principle 6 – no inaccuracies – no uphold Principle 7 – comments about female journalists – threshold not…...

Summary Host Ritchie Watson told a caller to Radio Pacific to "take a swallow of the body of Christ and have a few gins with it" during his talkback programme broadcast on 23 October 1999 between 11. 00–12. 00pm. Terry Ryan complained to The RadioWorks Ltd, broadcaster of Radio Pacific, that the remarks, which were addressed to him, were a serious breach of decency and good taste. The RadioWorks advised that the remark was unacceptable and reported that the host had apologised and indicated that he had not realised that such comments would offend. It responded that the reference to "having a few gins" had been unacceptable, but did not find that it breached the good taste requirement. Dissatisfied with the station's response, Mr Ryan referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

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…...

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

Download a PDF of Decision No. 1993-066: The New Zealand Jewish Council and Radio Pacific Ltd - 1993-066 PDF (515. 53 KB)...

Summary[This summary does not form part of the decision. ]The Authority has not upheld complaints from 20 complainants about a segment of Punjabi talkback programme, Bhakhde Masley. During the programme, the host questioned the teachings of a deceased Sikh religious figure by posing hypothetical questions about how he and his widow, now also deceased, had children. The host implied that, given the leader’s teachings about celibacy, his widow and other family members must have had sex with animals. The complainants alleged that this discussion breached the privacy of the individuals referred to, and was degrading and humiliating. The Authority acknowledged that the segment was in poor taste, but found that the broadcast was not in breach of the standards raised by the complainants....

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1998-002 Dated the 29th day of January 1998 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by WING-YAU YEE of Auckland Broadcaster RADIO i98FM LIMITED S Maling Chairperson L Loates R McLeod...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB Christchurch – “Stick of the Week” awards – host nominated and named both the parents of and a pre-schooler who had been involved in altercation with Mayor – child allegedly exposed to ridicule and humiliation – privacy allegedly breached FindingsPrinciple 3 (privacy) – facts disclosed already in public domain – not upheld Principle 6 (fairness) – child object of sympathy, not ridicule – not upheld Principle 7 (denigration) – item did not deal with specified section of community – not upheld This headnote does not form part of the decision. Broadcast [1] “Stick of the Week”, a negative albeit light-hearted award, is a long-running segment of the Friday morning show on Newstalk ZB in Christchurch....

ComplaintNewstalk ZB – Larry Williams Drive Show – interview with General Manager of Mitsubishi Motors on sponsorship withdrawal from the Holmes television programme – host allegedly trivialised Holmes’ comments on Kofi Annan – host’s comments allegedly racist FindingsPrinciple 7 Guideline 7a – legitimate interview – threshold not reached – no uphold This headnote does not form part of the decision. Summary [1] Larry Williams, the host of the Larry Williams Drive Show on Newstalk ZB, interviewed the General Manager of Mitsubishi Motors on its sponsorship withdrawal from the Holmes television programme. The host commented critically on the reasons for the withdrawal and then received four calls from the public, all of whom condemned Mitsubishi’s decision. [2] Milton Cassidy complained to The Radio Network Ltd, the broadcaster, that Larry William’s comments trivialised the racist comments made by Paul Holmes about Kofi Annan....

ComplaintTV2 Big Comedy Gala – offensive language – "fuck, shit, motherfucker" – religious skit – denigrated Christians FindingsStandard G2 – stand-up comedy – AO time – preceded by a warning – offensive language used infrequently – not inappropriate in context – no uphold Standard G13 – did not amount to denigration – no uphold This headnote does not form part of the decision. Summary The programme TV2 Big Comedy Gala, featuring stand-up comedians in a night club setting, was broadcast on TV2 at 10. 05pm on 19 May 2001. A M Langford complained to Television New Zealand Ltd, the broadcaster, that some of the language was very offensive, and one skit ridiculed the Christian faith. In reply, TVNZ acknowledged that the broadcast might not have been to everyone’s taste....

Summary The words "stick my hard dick up your butt" were reported by the complainant to have been used by an announcer on The Rock at around 10. 20pm on 20 July 1999. The complainant reported that the same announcer used the words "in between the legs" in the course of a discussion about an eclipse of the moon, during the evening of 28 July 1999. The Rape Prevention Group Inc. complained to The RadioWorks Ltd, the broadcaster, that it had breached Principles 1 and 7 of the Radio Code of Broadcasting Practice. The Rape Prevention Group maintained that the two comments were offensive and harmful to women. It said that being referred to as sex objects and "mere bodies" degraded women. The broadcaster responded that The Rock was targeted at a male audience aged between 18-39 years and that its style appealed to large numbers of that group....

Summary [This summary does not form part of the decision. ]At the end of a One News weather segment, the weather presenter made reference to ‘bejewelled, corpulent, affluent tourists with big fat wallets’ in relation to a photo of a cruise ship. The Authority did not uphold the complaint that the comment was inaccurate and in poor taste. While derogatory, it did not reach the threshold for threatening current norms of good taste and decency. The comment was an off-the-cuff remark delivered in a light-hearted tone, without invective, and was obviously intended to be humorous. Not Upheld: Good Taste and Decency, Accuracy, Discrimination and DenigrationIntroduction[1] At the end of a One News weather segment, the weather presenter showed an image of a cruise ship anchored in Hawkes Bay, saying: …they’re not disgorging logs; they’re disgorging bejewelled, corpulent, affluent tourists with big fat wallets....

Warning — This decision contains references to sexual violence. The Authority has not upheld complaints an interview on Saturday Morning between Kim Hill and Dr Kathleen Stock, a gender critical philosopher, breached broadcasting standards, including the discrimination and denigration, balance and accuracy standards. The broadcast discussed Dr Stock’s perspective on gender identity and her experiences resulting from voicing her perspective, having resigned from her position following a student campaign that accused her of transphobia. The Authority acknowledged the potential harm of the interview, but ultimately found the importance of freedom of expression outweighed any harm caused. The broadcast was clearly signalled as presenting Dr Stock’s perspective, to which she was entitled, and throughout the interview Hill challenged Dr Stock’s views, leaving the audience with a more balanced impression on the issue....