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An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

ComplaintLeighton Smith Morning Show – talkback host described protest group as a pack of mongrels – encouraged discrimination and offensive language FindingsPrinciple 7 guideline 7a – does not meet high threshold required for discrimination – no uphold Principle 1 – dismissive and insulting – uphold OrderBroadcast of approved statement This headnote does not form part of the decision. Summary [1] Protesters outside a school in Hamilton were described by the host of the Leighton Smith Morning Show as "mongrels" and "a pack of mongrels". The programme is broadcast on weekdays on Newstalk ZB, and the comments complained about were made shortly before 10. 00am on 15 November 2001. [2] Wayne Smith complained to The Radio Network Ltd (TRN), the broadcaster, that the tone and the manner of the remarks encouraged discrimination against Maori. He later complained that the comments breached the standard requiring good taste and decency....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item reported new details relating to a New Zealand man who raped and murdered a hitchhiker from the Czech Republic – interviewee and reporter used the term “nutters” – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, discrimination and denigration, and responsible programming FindingsStandard 7 (discrimination and denigration) – “nutters” used to refer to person who is dangerous and deranged, and was not intended to comment on people with mental illness – item did not encourage the denigration of, or discrimination against, people with mental illness as a section of the community – not upheld Standard 1 (good taste and decency) – contextual factors – viewers would have understood intended meaning of “nutters” – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ]An item on 3 News: Firstline reported on the Westminster Dog Show. In response to a question whether there was a Pit Bull division in the competition, one of the presenters commented, ‘I highly doubt it. Imagine what their owners would look like. ’ The Authority did not uphold the complaint that the comment was highly offensive to, and denigrated, Pit Bull owners. Pit Bull owners are not a section of the community, and the comment was clearly an off-the-cuff, light-hearted joke delivered without invective. Not Upheld: Discrimination and DenigrationIntroduction[1] 3 News: Firstline contained a pre-recorded item on the Westminster Dog Show, broadcast on 12 February 2014 on TV3. Following the item, the presenters commented: Presenter 1: Do you think they have a Pit Bull division to these competitions? Presenter 2: I highly doubt it....

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]Talkback radio host Sean Plunket reacted to author Eleanor Catton's comments at a literary festival in India, which were negative about the New Zealand government. He was highly critical of Ms Catton, saying that she was a 'traitor' and an 'ungrateful hua' among other things. The Authority did not uphold complaints that Mr Plunket's comments breached broadcasting standards. The nature of Ms Catton's remarks was such that it was reasonable for them to attract some strong views in response. The host's comments were within the bounds of audience expectations of talkback radio and within the right to freedom of expression....

The Authority did not uphold two complaints that comments made by Mike Hosking during his Mike’s Minute segment breached the discrimination and denigration and accuracy standards. Discussing two recent immigration policy decisions by the Government, Mr Hosking commented, ‘discrimination is no bad thing’ and, ‘Where do too many of the radicalised nutters come from? That particular part of the planet [Africa and the Middle East]. . . We don’t want to take the risk of a poor-ish person’s parent arriving – so why a jihadist? ’ The Authority acknowledged the complainants’ concerns that Mr Hosking’s choice of language was inflammatory. However, it found that in the context of the item, which carried public interest, the comments complained about were brief and moderated by the remainder of the item. Mr Hosking was expressing his genuinely held opinion on a legitimate issue, rather than being malicious or nasty....

The Authority has declined to determine five complaints about different Newshub Live broadcasts under several standards, on the basis they were trivial, vexatious, or in all the circumstances, did not warrant determination. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial and vexatious, and section 11(b) in all the circumstances the complaint should not be determined): Accuracy, Children’s Interests, Good Taste and Decency, Discrimination and Denigration, Programme Information, Law and Order...

The Authority has not upheld a complaint that an item on RNZ National’s Morning Report on 14 January 2022 breached the discrimination and denigration standard by voicing-over comments made by international students. The complainant alleged this implied that foreign students and immigrants are not easily understood due to their accents, thereby reinforcing xenophobia. The Authority found ‘international students’ and ‘immigrants’ did not constitute relevant sections of the community for the purposes of the standard. In any event, the broadcast would not have reached the threshold required for finding a breach. Not Upheld: Discrimination and Denigration...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 127/94 Decision No: 128/94 Decision No: 129/94 Decision No: 130/94 Dated the 12th day of December 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TREVOR MALLARD MP and VALERIE L J GREHAN of Wainuiomata and WAINUIOMATA COMMUNITY BOARD and DENNIS J KEALL of Wainuiomata Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Summary [This summary does not form part of the decision. ]An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The Authority declined to uphold the complaint that the item 'focused exclusively on women as victims and men as perpetrators of domestic violence', which showed a lack of balance and denigrated men. References to 'men' and 'women' did not amount to a 'discussion of gender' requiring the presentation of alternative views, as alleged by the complainant. Not Upheld: Controversial Issues, Discrimination and DenigrationIntroduction[1] An item on Q+A considered new initiatives proposed by the National Party to tackle domestic violence. The item contained an interview with the Minister of Justice and a panel discussion with a political scientist, a lawyer and a communications consultant....

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...

Summary An episode of The Way We Were, dealing with New Zealand’s involvement in overseas conflicts, was shown on TV One on 13 January 1998, beginning at 8. 00 pm. Part of the narration included the words, "the Brits let us down", in an aspect referring to the fall of Singapore and Japan’s expansion into the Pacific during World War II. Mr Nichols complained to Television New Zealand Limited, the broadcaster, that the statement, which he had heard as "let down by the Brits in 1941", was factually untrue and inaccurate, and a gratuitous insult to a friendly country. In declining to uphold the complaint, TVNZ claimed some historical justification for the statement....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-143 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PHILLIP DUNLOP of Pokeno Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-031 Dated the 21st day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-127 Dated the 3rd day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BRIAN THOMAS of Christchurch Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-025 Dated the 20th day of March 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by L. CARTER of Rotorua Broadcaster TV3 NETWORK SERVICES LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

SummaryA music video entitled "Smack my Bitch up" was broadcast at about 10. 30pm on Havoc on the closedown show of MTV on 7 June 1998. Ms MacKay of Wellington complained to Television New Zealand Ltd, the broadcaster of MTV, that the video breached several broadcasting standards because of its portrayal of sexual violence, its exploitation of women and its promotion of contemptuous treatment of women. In its response, TVNZ argued that contextual factors, such as the time of day of the broadcast and the intended audience, were relevant when assessing this complaint. In reaching its conclusion that no standards were breached, it maintained that there was no glamorisation of the exploitation of women nor any aspect which demeaned or represented women as inherently inferior. It argued that the main character’s behaviour was seen as unacceptable, and therefore there was no breach of the good taste standard....

ComplaintThe Rock – a number of complaints – offensive language – offensive behaviour – broadcasts inconsistent with maintenance of law and order – denigration of women – discrimination against women – unsuitable for children Findings (1) 5 August broadcast – no uphold(2) 6 August broadcast – no uphold (3) 7 August broadcast – no uphold (4) 10 August broadcast – reference to wanking unsuitable for children – Principle 7b – uphold (5) 11 August broadcast – discussion with child character about pornography – unsuitable for children – Principle 7b – uphold(6) 21 August broadcast – gratuitous use of "fuck" – Principle 1 – uphold – Principle 7b – unsuitable for children – uphold; discussion about plasticine penis – no uphold; mocking of homosexuals – Principle 1 – uphold;…...