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The Authority did not uphold a complaint alleging an item on 1 News about nurses suffering ‘fatigue and burnout’ breached broadcasting standards. The complainant was concerned for an interviewee’s mental wellbeing and the broadcast’s omission of any interview with the interviewee’s employer or discussion of the employer’s accountability for the situation. The Authority found the balance standard did not apply, as no controversial issue was discussed; the issue of current nurse shortages is a fact. In any event, significant perspectives on the issue were broadcast within the (ongoing) period of current interest. The Authority also found the broadcast was materially accurate and unlikely to mislead viewers. The discrimination and denigration standard also did not apply. Not Upheld: Balance, Accuracy, Discrimination and Denigration...

Summary[This summary does not form part of the decision. ]The Authority has not upheld two complaints about two episodes from the second season of British dating game show, Naked Attraction, broadcast on TVNZ 2 at 9. 30pm on Friday 27 July 2018 and Friday 3 August 2018. During each episode, a clothed individual selected a date from six naked individuals, who were gradually revealed in stages from the feet up, with no blurring or pixelation of nudity. The complaints alleged these episodes of Naked Attraction contained a high level of full-frontal nudity and sexual discussion, which was offensive and contrary to standards of good taste and decency. The complainants also submitted that the programme was degrading and breached the privacy of the participants....

Summary[This summary does not form part of the decision. ]During a segment on The Project, the hosts discussed a new artificial intelligence technology capable of detecting a person’s sexual orientation through analysis of their facial features. In response, presenter Jesse Mulligan commented, ‘That’s an amazing story, a computer can tell if you’re gay or not. I hope the computer can keep a secret. ’ The Authority did not uphold a complaint that this comment ‘perpetuated the prejudiced view that homosexuality [was] something to be kept secret and… shameful’. The Authority found that, while Mr Mulligan’s comment could be seen as ‘clumsy’ or tactless, it was clearly intended to be humorous and it did not actively encourage the different treatment, or devalue the reputation of, gay people as a section of the community....

Summary [This summary does not form part of the decision. ] During The AM Show, host Duncan Garner and then Newshub political editor Patrick Gower discussed various policies the new Labour Government was considering implementing, as well as legislation it planned to change or repeal. Discussing the ‘three strikes’ law, Mr Gower referred to one of the complainants, Mr Garrett, who was involved in introducing the law, and stated, ‘turned out that he had been stealing dead babies’ identities himself before he came into Parliament’. Mr Garner later clarified that it was ‘one dead baby’. The Authority upheld three complaints that the segment was inaccurate and unfair to Mr Garrett. While the broadcaster acknowledged the statement was inaccurate, the Authority found Mr Garner’s correction was dismissive and perfunctory, and insufficient to correct the error....

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the world’s first legally recognised Pastafarian wedding between two members of the Church of the Flying Spaghetti Monster (CFSM). The reporter referred to the CFSM as a ‘spoof religion’, and stated, ‘Pastafarians believe that pirates are supreme beings from which all humans evolved, and it’s an official religion’. The Authority did not uphold a complaint that describing the CFSM as a ‘spoof religion’ was denigrating, disrespectful and discriminatory. It took the view that the broadcaster’s reference to the Church as a ‘spoof religion’ was an opinion which was available to be taken and able to be expressed, and that the high threshold required for discrimination and denigration to be established had not been reached. The Authority also did not uphold a complaint that the reference to pirates as ‘supreme beings’ was inaccurate....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 78/94 Dated the 8th day of September 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CREDO SOCIETY INCORPORATED of Auckland Broadcaster ACCESS COMMUNITY RADIO AUCKLAND INCORPORATED I W Gallaway Chairperson J R Morris R A Barraclough L M Loates...

Complaint Mana News – call for voters to vote for one mayoral candidate – unbalanced – encouraged discrimination against non-Maori – broadcaster upheld Principle 4 balance aspect – procedures revised to ensure longer period to vet Mana material Findings(1) Principle 7 – Guideline 7a – does not meet high threshold required for discrimination – no uphold - Guideline 7f – call to support candidate with understanding of Maori issues – not an advertisement for a specific candidate – no uphold (2) Action taken – appropriate in context of breach This headnote does not form part of the decision. Summary [1] Two interviewees in an item on Mana News encouraged Maori voters to vote for a named candidate in the Auckland mayoral election. The item was broadcast on National Radio at 5. 55pm on 27 September 2001....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Politically Incorrect Guide to Teenagers – host commented that teenagers were “mental”, “mad”, “not right in the head” – showed sketch of “Mad Uncle Jack” who had been released from psychiatric facility – allegedly in breach of standards relating to good taste and decency and discrimination and denigration FindingsStandard 1 (good taste and decency) – content subject to complaint intended to be humorous and educational rather than offensive – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments were host’s personal opinion with regard to teenage behaviour – he was not making a comment on people with mental illness as a section of the community – comments did not contain invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Newstalk ZB – Larry Williams Breakfast Show – three-way discussion between host and two guests about Tuvaluan overstayer recently convicted of assaulting his wife for second time – guest made comment purporting to justify violence against women – allegedly in breach of good taste and decency – allegedly denigratory of women Findings Principle 1 (good taste and decency) – in context, no obscene language or content – not upheld Principle 7 (social responsibility) – Guideline 7a (denigration) – taken in isolation comments offensive – but in context, comments clearly not meant to be taken at face value – not upheld This headnote does not form part of the decision....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 198960 Minutes – interview with former Breakfast presenter Paul Henry – questioned Mr Henry on his controversial remarks about the Chief Minister of Delhi – comments about the Chief Minister were re-broadcast – allegedly in breach of standards relating to good taste and decency, controversial issues and discrimination and denigration FindingsStandard 4 (controversial issues) – interview did not discuss a controversial issue of public importance – focused on Paul Henry and his perspective on the various controversies in which he was involved – not upheld Standard 7 (discrimination and denigration) – Paul Henry’s comments did not extend to a section of the community – interviewer challenged his views – interview did not encourage discrimination or denigration of Indian people – not upheld Standard 1 (good taste and decency) – comments about the Chief Minister revisited in current affairs context – interview would not have…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Ip Man – movie about a martial arts legend, based on historical events, was broadcast in various timeslots during children’s viewing times – contained violence – allegedly in breach of good taste and decency, controversial issues, discrimination and denigration, responsible programming, children’s interests and violence standards Findings Standard 8 (responsible programming) – broadcaster accepted that the movie was incorrectly classified ‘M’ when it should have been AO, and that it should have been broadcast in the AO time-band, not during children’s viewing times – upheld  Standard 9 (children’s interests) – broadcaster did not adequately consider children’s interests by incorrectly classifying the movie and screening it outside of AO time – upheld Standard 10 (violence) – while there was some violent behaviour it was not excessive and was consistent with expectations of a martial arts film – however inappropriate classification and timeslots meant broadcaster did not exercise…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay, Flynny & Jacqui – during live broadcast from Riccarton Park Racecourse one host said to her co-hosts, “I know you haven’t put any bets on because you’re both Jews” – allegedly in breach of discrimination and denigration standardFindingsStandard 7 (discrimination and denigration) – comment was ignorant and perpetuated stereotypes but did not reach the high threshold necessary for encouraging the denigration of, or discrimination against, Jewish people as a section of the community – not upheldThis headnote does not form part of the decision. Introduction[1] During the ZM drive show, Jay, Flynny & Jacqui, broadcast live from Cup Day at Riccarton Park Racecourse in Christchurch, one of the hosts said to her co-hosts, “You’ve obviously watched the race. I know you haven’t put any bets on because you’re both Jews”. The show was broadcast on ZM on 13 November 2012....

Summary [This summary does not form part of the decision. ] Two teams of comedians on 7 Days made comments about the complainant, a Christchurch City Council candidate who had been in the news for exposing people who visited an illegal brothel. The Authority did not uphold the complaint that this was unfair. The complainant willingly put himself in the public eye, and it was reasonable to expect scrutiny. The comedy genre of the programme, and the tone of the comments, indicated this was not intended as a personal attack on the complainant, or to be informative, but was purely for the purpose of entertainment and humour, so potential harm to the complainant was minimal....

Download a PDF of Decision No. 1991-065:Effron and Television New Zealand Ltd - 1991-065 PDF372. 4 KB...

Download a PDF of Decision No. 1993-030:Female Images and Representation in Sport Taskforce and TV3 Network Services Ltd - 1993-030 PDF652. 8 KB...

Download a PDF of Decision No. 1993-094:Clyne and TV3 Network Services Ltd - 1993-094 PDF377. 3 KB...

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....

Summary[This summary does not form part of the decision. ]During the talkback programme, Overnighter, host Garry McAlpine invited listeners to call in to discuss the issues facing New Zealand in 2018, one of which was the upcoming cannabis referendum. Mr McAlpine strongly expressed his view, throughout the programme, that cannabis should be decriminalised for medicinal and recreational use. A number of callers, including the complainant, expressed their views on the subject, with some supportive of, and others opposed to, Mr McAlpine’s views. The Authority did not uphold a complaint that this programme was in breach of broadcasting standards. Talkback radio is known for robust discussion, and broadcasting standards recognise that it is an opinionated environment, with hosts granted some latitude to be provocative and edgy in the interests of generating robust debate. This programme in particular featured genuine discussion on an important issue in New Zealand....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – police interviewed a man with cerebral palsy, Bradley, who was the victim of an alleged assault and robbery – police detective allegedly told Bradley that the filming was for Police Ten 7 but no further explanation was given – made comments that questioned the veracity of Bradley’s story and showed footage of his high-heeled shoes – allegedly in breach of standards relating to privacy, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – Bradley was not fully informed of the nature of the programme and his participation and there was insufficient public interest to justify the broadcast of the footage (guideline 6c) – Bradley treated unfairly – upheld Standard 3 (privacy) – Bradley was identifiable but no private facts were disclosed and filming was in a public place – Bradley was not particularly vulnerable – not upheld Standard…...