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Smith and Television New Zealand Ltd - 1997-134
1997-134

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Smits and Television New Zealand Ltd - 1994-115
1994-115

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/94 Dated the 24th day of November 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP SMITS of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Paton-Simpson and TV3 Network Services Ltd - 1996-084
1996-084

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-084 Dated the 1st day of August 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ELIZABETH PATON-SIMPSON of Auckland Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Royal and The RadioWorks Ltd - 2001-213
2001-213

ComplaintRadio Pacific – talkback host's reference to graffiti artists’ attitude to suicide included the words – they "should commit suicide more quickly" – immature – bigoted – offensive FindingsPrinciple 1 and Principle 7 Guideline 7a – no tape – decline to determine Principle 8 – relevant – uphold No Order This headnote does not form part of the decision. Summary [1] Graffiti artists were discussed on talkback broadcast on Radio Pacific at about 4. 15pm on 1 June 2001. In reply to a caller expressing concern about the suicide rate among that group, the host had used words to the effect "it is a pity more of them do not commit suicide more quickly". [2] Alan Royal complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the remark was "immature, bigoted and offensive"....

Decisions
Ellis and UMA Broadcasting Ltd - 2003-032
2003-032

ComplaintRadio Waatea – Liberation Talkback – unbalanced – contained unsubstantiated allegations – anti-Pakeha comments – promoted racial discord FindingsPrinciple 4 – reasonable opportunities to present views – no evidence of lack of balance – no uphold Principle 7 Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Liberation Talkback is a talkback programme broadcast weekly on Radio Waatea. Liberation Talkback was broadcast on Radio Waatea between 8. 00pm and 11. 00pm on 18 November 2002. [2] Colin Ellis complained to Radio Waatea, a radio station broadcast by UMA Broadcasting Ltd, the broadcaster, that the item was unbalanced, "anti-Pakeha", contained unsubstantiated allegations and promoted racial discord. [3] When the broadcaster failed to respond to his formal complaint, Mr Ellis referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

Decisions
Mitchell and Wolf and The Radio Network Ltd - 2004-113, 2004-114
2004-113–114

Complaints under section 8(1)(a) of the Broadcasting Act 1989 Newstalk ZB – Paul Holmes Breakfast – Hon Tariana Turia called a “confused bag of lard” by host – also accused of being a bully and “all mouth” – allegedly offensive, encouraged denigration, unbalanced and partialFindings Principle 1 and Guideline 1a (good taste and decency) – comments not indecent – questionable taste – context – not upheld Principle 4 (balance) – not applicable to editorial comment – not upheld Principle 6 (accuracy) – editorial comment not required to be impartial – not upheld Principle 7 and Guideline 7a (discrimination) – comments focused on individual, not group – not upheldObservation Broadcast comments raised issue of fairness, and broadcaster acknowledged probable unfairness. However, neither complainant raised the fairness standard either explicitly or implicitly in original complaints. Authority unable to assess a complaint on standard not raised in original complaints....

Decisions
Chand and Triangle Television Ltd - 2003-104, 2003-105
2003-104–105

ComplaintVoice of Islam – comments by converts to Islam – denigration of Hindu and Christian communities on account of faith FindingsStandard 6 and Guideline 6g – genuinely held opinion – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] The Voice of Islam is a weekly two-hour programme, broadcast by Triangle Television on Saturdays at 11pm and repeated the following Monday. The programme on Saturday 21 June 2003 included a personal account of the conversion of two men to Islam, one from the Hindu faith, the other Jewish. [2] Rakesh Chand complained to Triangle Television Ltd, the broadcaster, that during the accounts of their conversion, the two men used disparaging language to describe other religions and their deities....

Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Decisions
Grieve and TVWorks Ltd - 2011-098
2011-098

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – reported on controversial comments made by the chief executive of the Employers and Manufacturers Association that female workers are less productive because they take sick leave when they are menstruating – media commentator stated “if men had periods there would have been a law passed, there would be a menstruation allowance so that all of you could go home and curl up in a ball once a month” – allegedly in breach of the discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – comment did not encourage denigration of, or discrimination against, men as a section of the community – guideline 7a provides exemption for genuine opinion and legitimate humour – not upheld This headnote does not form part of the decision....

Decisions
Riley and TVWorks Ltd - 2010-165
2010-165

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – host interviewed members of New Zealand Actors’ Equity union on controversy surrounding production of the film The Hobbit in New Zealand – the host stated, “So there is not some Australian with his or her hand up your bum operating you like a puppet?...

Decisions
Beach and Radio New Zealand Ltd - 2020-048 (14 September 2020)
2020-048

The Authority has not upheld a complaint that the reading of an adaptation of the novel My Name Was Judas by author C. K. Stead was offensive to Christians in breach of the good taste and decency, and discrimination and denigration standards. The Authority did not consider that the broadcast’s content was likely to cause widespread undue offence or distress or undermine widely shared community standards and it did not reach the high threshold necessary for finding that it encouraged the denigration of, or discrimination against, Christians as a section of the community. The Authority also found that the balance standard did not apply as the programme was not a news, current affairs or factual programme. Not upheld: Good Taste and Decency, Discrimination and Denigration, Balance....

Decisions
Creighton and Television New Zealand Ltd - 1991-034
1991-034

Download a PDF of Decision No. 1991-034:Creighton and Television New Zealand Ltd - 1991-034 PDF713. 18 KB...

Decisions
McKinley and Discovery NZ Ltd - 2022-040 (18 May 2022)
2022-040

The Authority has declined to determine a complaint alleging R&R breached the good taste and decency, discrimination and denigration, accuracy and fairness standards. The programme discussed Aotearoa New Zealand’s colonial history. 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): Good Taste and Decency, Discrimination and Denigration, Accuracy, Fairness...

Decisions
Sawyers and Radio Pacific Ltd - 1995-053
1995-053

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Decisions
Rockel and TV3 Network Services Ltd -2000-092
2000-092

Complaint3 News – comment by newsreader – offensive behaviour – mockery of middle-aged women Findings(1) Standard G2 – insufficiently offensive – no uphold (2) Standard G13 – no uphold This headnote does not form part of the decision. Summary A newsreader read an item on 3 News about a group of middle-aged English women who had raised money for charity by posing nude for a calendar, during which he commented "I bet that’s all they raised". The item was broadcast on TV3 between 6. 00pm and 7. 00pm on 26 March 2000. Jenny Rockel complained to TV3 Network Services Ltd, the broadcaster, that the newsreader had given the impression that the idea of women’s sexual viability in middle life was laughable. She considered that this was offensive and tasteless. In its response, TV3 said that the remark was unscripted and intended by the newsreader to be amusing....

Decisions
Jordan and TVWorks Ltd - 2009-153
2009-153

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sports Tonight – presenter referred to the English netball team as “Poms” – allegedly in breach of discrimination and denigration Findings Standard 7 (discrimination and denigration) – term was affectionate slang rather than abusive – did not carry level of invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] During an episode of Sports Tonight, broadcast on TV3 at 11pm on Wednesday 21 October 2009, the presenter referred to the New Zealand netball team beating “the Poms in overtime in a one-off test last week”. Complaint [2] Gary Jordan made a formal complaint to TVWorks Ltd, the broadcaster, alleging that the term “pom” was a racial slur against English people and should not be broadcast. He considered the term to be derogatory and offensive....

Decisions
Gardiner and RadioWorks Ltd - 2004-035
2004-035

Complaint Radio Pacific – talkback host Mark Bennett – critical of appointment of gay or lesbian police liaison officer – comments said to encourage denigration – inaccurate – unfairFindings Principle 7 and Guideline 7a – odious comment – obsolete stereotypes – comparators used displayed illegal behaviour – high threshold for breach not attainedPrinciple 5 and Guideline 5c – not applicable – not upheldPrinciple 6 and Guideline 6c – not applicable – not upheld This headnote does not form part of the decision Summary[1] The appointment of a gay and lesbian police liaison officer in Hamilton was the subject of critical comment by the host (Mark Bennett) in a broadcast on Radio Pacific talkback. The comments were broadcast at about 3. 15pm on Wednesday 15 October 2003....

Decisions
Ngaei, Association of Salaried Medical Specialists and New Zealand Medical Association and Television New Zealand Ltd - 2004-135
2004-135

Complaint under section 8(1)(a) of the Broadcasting Act 1989Holmes – incident involving alleged doctor-on-doctor assault – interviewee commented on profession’s reaction to incident – three complaints – allegedly unbalanced, inaccurate and unfair to doctor and othersFindings Standard 4 (balance) – unbalanced – Mr Ngaei’s viewpoint not advanced – reasonable efforts to obtain his views not made – upheld Standard 5 (accuracy) – item contained inaccuracies – upheld Standard 6 (fairness) – item unfair to Mr Ngaei – upheld Standard 6 (discrimination) – item did not encourage discrimination against doctors – not upheld Orders$1,700 costs to complainant $2,500 costs to CrownThis headnote does not form part of the decision. Broadcast [1] An item on Holmes broadcast at 7....

Decisions
Ake, Scott and Reeves and The Radio Network Ltd - 2001-002, 2001-003, 2001-004
2001-002–004

ComplaintNewstalk ZB – offensive language – socially irresponsible – racist – cocky nigger FindingsPrinciple 1 – majority finding that broadcast breached good taste – uphold Principle 7 – broadcast did not encourage denigration of/discrimination against Africans/African-Americans – no uphold OrderNo penalty This headnote does not form part of the decision. Summary Newstalk ZB’s morning talkback show on 15 September 2000 included an item about a press conference with boxing legend Muhammad Ali, held at the Olympic Games in Sydney the previous day. During the item, the host used the words "cocky nigger" when referring to Muhammad Ali at the time of his gold medal win at the Rome Olympics in 1960. Jason Ake, Lewis Scott and Mrs A Reeves complained to The Radio Network Limited, the broadcaster, that the words "cocky nigger" breached standards of good taste and decency, and were derogatory and socially irresponsible....

Decisions
Stewart and Television New Zealand Ltd - 2011-063
2011-063

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Not Going Out – scene showed character dancing with baby – held baby at arm’s length and moved him from side to side – allegedly in breach of standards relating to good taste and decency, fairness, discrimination and denigration, children’s interests, and violence FindingsStandard 1 (good taste and decency) – character did not shake baby – contextual factors – not upheld Standard 10 (violence) – no actual violence – standard not applicable – not upheld Standard 9 (children’s interests) – classified AO and screened at 11pm outside of children’s viewing times – standard not applicable – not upheld Standard 6 (fairness) – characters fictional – standard not applicable – not upheld Standard 7 (discrimination and denigration) – complainant did not specify who he considered had been denigrated or discriminated against – not upheld This headnote does not form part of the decision....

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