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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-047 Dated the 21st day of April 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALAN LUCY of Havelock North Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....
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....
Download a PDF of Decision No. 1992-014:Wardlaw and Television New Zealand Ltd - 1992-014 PDF369. 17 KB...
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Fair Go – two items investigated claims made by previous customers of Hampton Court Ltd, a wooden gate manufacturer – customers were interviewed about their experiences with the company and its director – items contained footage of company director at his workshop which was filmed from a public footpath – allegedly in breach of standards relating to privacy, law and order, controversial issues, fairness, accuracy, discrimination and denigration, and responsible programmingFindingsStandard 6 (fairness) – impression created about the complainant and his company was based on the opinions of customers and Mr Bird was provided with a fair and adequate opportunity to respond and put forward his position – items included comprehensive summaries of Mr Bird’s statement – items not unfair in any other respect – Mr Bird and Hampton Court Ltd treated fairly – not upheldStandard 5 (accuracy) – customers’ comments were…...
Summary [This summary does not form part of the decision. ] During Predators, a science fiction film about a group of humans hunted by aliens, a male character who was a convicted murderer, commented ‘I’m gonna rape me some fine bitches’ and made references to consuming cocaine. The Authority did not uphold the complaint that the comments glamorised criminal activity and denigrated women. The comments were acceptable taking into account both the external context, including the time of broadcast, AO classification, and pre-broadcast warning for violence and language, as well as the narrative context, including that the film was highly unrealistic, and the development of that particular character who was obviously a ‘baddie’ and despised by the other characters....
Summary[This summary does not form part of the decision. ]A 3 News item reported on allegations of widespread doping amongst Russian athletes and included a reference to the disqualification of a Belarussian shot-putter at the London Olympics. The Authority did not uphold a complaint alleging the item was misleading, unbalanced and denigrated Russians by failing to differentiate between Belarus and Russia. The reporter accurately described the Belarussian athlete and the Russian Olympic team, and in the context of the item viewers would not have been misled into thinking Belarus and Russia were the same country. The item portrayed a range of significant viewpoints on the allegations of doping amongst Russian Olympic athletes and did not contain any material which discriminated against, or denigrated, Russians. Not Upheld: Accuracy, Controversial Issues, Discrimination and DenigrationIntroduction[1] A 3 News item reported on allegations of widespread doping amongst Russian athletes....
Summary[This summary does not form part of the decision. ]An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues....
Download a PDF of Decision No. 1993-066: The New Zealand Jewish Council and Radio Pacific Ltd - 1993-066 PDF (515. 53 KB)...
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...
Complaints under section 8(1B)(b)(i) and 8(1B)(b)(ii) of the Broadcasting Act 1989Breakfast – presenter deliberately mispronounced the name of Chief Minister of Delhi, Sheila Dikshit – stated that “Dick Shit” was “so appropriate because she’s Indian, so she would be dick in shit, wouldn’t she” – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration and responsible programming – broadcaster upheld complaints under Standards 1, 6 and 7 – action taken allegedly insufficient FindingsStandards 1 (good taste and decency), 6 (fairness) and 7 (discrimination and denigration) – serious breach of broadcasting standards – action taken by broadcaster insufficient – upheld Standard 8 (responsible programming) – Breakfast was an unclassified news and current affairs programme – comments would not have alarmed or distressed viewers – not upheld OrdersSection 13(1)(a) – broadcast statement Section 16(4) – payment of $3,000 costs to the Crown This headnote does not form…...
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....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Edge Morning Show – host read out a listener’s text message: “Dom, your song was so gay I’m pretty sure I just got AIDS from listening to it” – allegedly in breach of good taste and decency, accuracy and discrimination and denigration standards FindingsStandard 1 (good taste and decency) – some listeners would have considered the connection made between homosexuals and AIDS to be offensive and in poor taste – however, in light of the relevant contextual factors such as the target audience and their expectations of content on The Edge, the potential harm to listeners did not outweigh the broadcaster’s right to freedom of expression – not upheld Standard 7 (discrimination and denigration) – the content of the text message was directed at the host’s song and was not intended as a criticism of homosexuality or as an attack against homosexual people…...
Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – participants discussed a food outlet that had opened in a church – commented “the body of Christ does come with six grams of fat” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – in context, not indecent or in poor taste – not upheld Principle 7 (social responsibility) – item not critical of Christians or Christian practices – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in Off the Wire, broadcast on National Radio on 3 October 2004 at around 3:00 am discussed recent news events, including the opening of a food outlet in a New York church....
Complaint under section 8(1)(a) of the Broadcasting Act 1989Te Karere – item on New Zealand fruit exports to Australia – interviewee said “Who is the World Trade Organisation? They are all Pakeha” – allegedly denigratory of PakehaFindingsStandard 6 (fairness) and Guideline 6g (denigration) – comment more expression of frustration at lack of Māori input to finding a solution – not intended to be denigratory of Pakeha – not upheldThis headnote does not form part of the decision. Broadcast [1] TV One broadcast Te Karere on 24 June at 6am. Te Karere contained an item about the continuing opposition from Australia to New Zealand apple imports. The item included an interview with Mr Maanu Paul, a kiwifruit grower from Whakatane....
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....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News at Midday, One News at 4. 30pm, One News at 6pm, One News Tonight – items reported that a former senior manager at Rimutaka Prison had pleaded guilty to growing cannabis for supply to inmates – allegedly in breach of accuracy and responsible programming standards FindingsStandard 5 (accuracy) – news items employed shorthand to describe Mr Reid’s case – based on summary of facts agreed to by the parties statements were not inaccurate or misleading – not upheld Standard 8 (responsible programming) – news programmes are unclassified – standard not applicable – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community – not upheld This headnote does not form part of the decision....
Download a PDF of Decision No. 1992-031:Group Opposed to Advertising of Liquor and Television New Zealand Ltd - 1992-031 PDF188. 21 KB...
Leigh Pearson declared a conflict of interest and did not participate in the Authority’s determination of this complaint. Summary [This summary does not form part of the decision. ] Talkback with Sean Plunket contained a discussion about the ‘chemtrails’ theory, in the context of comments made by Colin Craig that the Conservative Party was undecided about the validity of this theory. The Authority did not uphold the complaint that the host inaccurately claimed that chemtrails were not real, and denigrated people who believed in chemtrails by referring to them as ‘nutters’. The programme clearly comprised opinion rather than statements of fact, and people who believe in chemtrails are not a section of the community....
Summary [This summary does not form part of the decision. ] During The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip, and used live bait to catch marlin. The Authority did not uphold the complaint that the practice of live baiting was cruel and breached standards. The footage was not unexpected in a fishing programme, and the complainant’s concerns relate more to the programme genre in general, and personal lifestyle preferences, which are not a matter of broadcasting standards. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Violence Introduction [1] During an episode of The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip. The host and crew used live bait to catch marlin, a traditional method used in Mexico....