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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 35/95 Dated the 18th day of May 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JANET CHAPMAN of New Plymouth Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson L M Loates W J Fraser...
The Authority has not upheld complaints about a press conference by Prime Minister Jacinda Ardern and comments by Professor Michael Baker regarding restrictions for persons who do not have a COVID-19 vaccination. It found the discrimination and denigration standard did not apply to either broadcast and the balance and law and order complaints were not upheld in respect of the second complaint. The interview with Professor Baker was clearly signalled as approaching the issue from his perspective and there has been widespread discussion in other media about whether restrictions on people that are unvaccinated are justified. The Authority found listeners were in a position to arrive at informed and reasoned opinions regarding this issue. It also found the broadcast did not encourage any illegal or antisocial activity. Not Upheld: Law and Order, Discrimination and Denigration, Balance...
The Authority has not upheld a complaint about an item on Morning Report, which discussed efforts to increase diversity in local government bodies. The complainant considered the comment ‘pale, male and stale’ made during the broadcast was derogatory towards older white men, and 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...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-047 Decision No: 1996-048 Decision No: 1996-049 Dated the 22nd day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by LEN MCKENNA of Kaitaia Broadcaster NEW ZEALAND PUBLIC RADIO LIMITED J M Potter 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(1B)(b)(i) of the Broadcasting Act 19897 Days – contestant told a story about punching a boy at school who had Down syndrome – allegedly in breach of good taste and decency and discrimination and denigration standards Findings Standard 1 (good taste and decency) – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments lacked necessary invective – attempt at humour – not upheld This headnote does not form part of the decision. Broadcast [1] An episode of the comedy programme 7 Days was broadcast on TV3 at 10pm on Friday 27 November 2009. The programme involved the host questioning two three-person teams of comedians about various events which had been reported in the media during the week. [2] During the programme, the panellists discussed an event that had occurred in America called “Kick a Ginger Day”....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – 4 June report on New Zealander and Viva Palestina aid worker Nicola Enchmarch’s reaction to being caught up in an Israeli commando raid on a flotilla off Gaza – 5 June report on New Zealand protest marchers demonstrating against the raid – both items allegedly in breach of law and order, controversial issues, accuracy, fairness and discrimination and denigration standards FindingsStandard 2 (law and order) – items did not encourage viewers to break the law or otherwise promote, glamorise or condone criminal activity – not upheld Standard 4 (controversial issues – viewpoints) – items provided a New Zealand perspective on the raid – reports did not amount to a discussion of a controversial issue of public importance – not upheld Standard 5 (accuracy) – complainant did not identify any material points of fact he considered to be inaccurate – not upheld Standard 6…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Nightline – item on Māori TV’s bid for the free-to-air broadcasting rights to the Rugby World Cup – included satirical sketch about what Māori TV’s coverage would look like – allegedly in breach of good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming standards Findings Standard 7 (discrimination and denigration) – legitimate satire – lacked necessary invective to cross threshold for denigration of Māori as a section of the community – Māori TV not a section of the community – not upheld Standard 6 (fairness) – Māori TV treated fairly – Pita Shaples and Julian Wilcox treated fairly – not upheld Standard 1 (good taste and decency) – contextual factors – not upheld Standard 4 (controversial issues – viewpoints) – item was satire – did not “discuss” a controversial issue of public importance – not upheld Standard 5 (accuracy) – item did…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Top of the Class – boy commented that playing the recorder was “gay” – allegedly encouraged denigration of and discrimination against homosexual peopleFindingsStandard 6 (fairness) and guideline 6g (denigration and discrimination) – boy used the word “gay” to mean “lame” or “stupid” – did not amount to the high level of invective required for a breach of the standard – not upheldThis headnote does not form part of the decision. Broadcast [1] Top of the Class was a reality entertainment programme, broadcast on TV One, in which New Zealand celebrities were paired with 10-year-old look-alikes and vied with each other in various competitions. In an episode broadcast at 7. 30pm on Sunday 11 June 2006, the contestants were learning how to play the recorder. One of the young schoolboys said “recorders is (sic) gay, extremely gay”....
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sunday – reported on case of Sean Davison who faced charges for assisting his mother’s suicide – Mr Davison was shown in court and the complainant in his capacity as a Corrections Officer was briefly visible as he walked behind Mr Davison in the dock – allegedly in breach of privacy, fairness and discrimination and denigration standards FindingsStandard 3 (privacy) – complainant was identifiable – item did not disclose any private facts about the complainant – not upheld Standard 6 (fairness) – footage of complainant was extremely brief – information disclosed did not create an unfair impression of the complainant or cause damage to his reputation or dignity – not upheld Standard 7 (discrimination and denigration) – standard does not apply to individuals – nothing in the item encouraged discrimination or denigration against any section of the community – not upheld This headnote…...
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Seven Sharp – presenters made comments about leader of the Conservative Party Colin Craig – allegedly in breach of good taste and decency, law and order, privacy, controversial issues, fairness, accuracy, discrimination and denigration, responsible programming, and violence standards FindingsStandard 6 (fairness) – comments in 17 April item aimed at Colin Craig in his professional capacity and therefore not unfair – comments in 24 April item were insulting and personally abusive to Colin Craig and therefore unfair to him – upheld in part Standard 1 (good taste and decency) – alleged coarse language did not threaten current norms of good taste and decency – abusive nature of comments more appropriately addressed as a matter of fairness to Colin Craig, rather than harm to general audience – not upheld Standard 7 (discrimination and denigration) – items did not encourage discrimination or denigration against people who opposed…...
Download a PDF of Decision No. 1991-055:Ritchie and Television New Zealand Ltd - 1991-055 PDF429. 31 KB...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...
ComplaintHolmes – host referred to the WestpacTrust Stadium as the "cake tin" – derogatory phrase – offensive FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The WestpacTrust Stadium in Wellington was referred to as the "cake tin" by the host (Susan Wood) in an item broadcast on Holmes at 7. 00pm on 7 February 2003. [2] John McLellan complained to Television New Zealand Ltd, the broadcaster, that the reference was "derogatory". [3] When the broadcaster failed to respond to his formal complaint, Mr McLellan referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. [4] In its response to the Authority, TVNZ argued that the matter did not raise an issue of broadcasting standards....
The Authority has not upheld a complaint a Mediawatch broadcast breached various standards by allegedly ‘demonising’ New Zealanders who have concerns about COVID-19 vaccine safety. The Authority found the broadcast was accurate in reporting on COVID-19 related events, and did not treat Liz Gunn, a prominent figure known for her vaccine hesitant perspectives, or other persons referred to unfairly. The discrimination and denigration, and balance standards did not apply. Not Upheld: Accuracy, Fairness, Discrimination and Denigration, Balance...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BARRY MAGUIRE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...
SummaryA news item broadcast on TV3 on 29 June 1998 between 6. 00–7. 00pm summarised matters raised in a 20/20 programme broadcast the previous evening relating to the dismissal of the choirmaster at St Paul’s Cathedral in Dunedin. It was reported that the choir had returned to the Cathedral to demand the resignation of their Dean. Mr Greet and Mr Barnett complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced, unfair and inaccurate. TV3 responded that it was satisfied its report was a fair and accurate summary of the developments in the controversy surrounding the dismissal of the choirmaster which had been the subject of the 20/20 item the previous evening. It declined to uphold the complaints. Dissatisfied with TV3’s decision, Mr Greet and Mr Barnett referred their complaints 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 1989Classic Hits – host told a joke about two people in a “mental hospital” – allegedly in breach of good taste and decency, fairness and social responsibility standards Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 5 (fairness) – standard only applies to people taking part or referred to in a programme – not upheld Principle 7 (social responsibility) – item was clearly signalled as a joke – legitimate use of humour – not upheld This headnote does not form part of the decision. Broadcast [1] An item broadcast on Classic Hits Breakfast at 7. 45am on 13 June 2007, included a segment called “the 7. 45 funny” in which the following joke was broadcast: Jim and Edna were both patients at a mental hospital....