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Summary[This summary does not form part of the decision. ]ONE News reported on the recent death of a woman in Remuera and said her alleged attacker (who had name suppression) had appeared in the Auckland District Court that day. The reporter described the alleged attacker as a ‘24-year-old Pacific Island man’. The Authority did not uphold a complaint that the reference to the alleged attacker’s race was offensive and racist. The Authority acknowledged that the reporter’s commentary, which included racial identification, could be seen as unnecessary given that the ethnicity of the alleged attacker was no longer critical following his arrest. However, the reporter’s description of the man was factual, and the comments did not reach the high threshold for finding that the item encouraged discrimination against, or denigration of, Pacific Islanders as a section of the community....

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....

The Authority did not uphold a complaint about the second part of a two-part documentary, Leaving Neverland, concerning sexual abuse allegations made by two men against Michael Jackson. The Authority took into account the nature of the programme, which was clearly presented from the perspectives of the two men featured and included responses to these and similar allegations, from Michael Jackson and his lawyers. In this context, the Authority found: the broadcast would not have caused widespread undue offence or distress as contemplated under the good taste and decency standard; the balance standard did not apply as the broadcast did not address a ‘controversial issue of public importance’ for New Zealand viewers; the programme was unlikely to mislead viewers and did not breach the accuracy standard; and the fairness and discrimination and denigration standards did not apply. Not Upheld: Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Fairness...

In a segment on the Mike Hosking Breakfast programme, the host interviewed the Prime Minister about the Government’s decision to extend the Level 3 lockdown restrictions on Auckland in August 2020. The Authority did not uphold the complaints. It recognised the value of robust political discourse in the media and the role of media in holding to account those in positions of power. Overall, it found no harm at a level justifying regulatory intervention. While some may have found Mr Hosking’s approach and comments distasteful, they did not go beyond what could be expected of an interview of this nature. Not Upheld: Fairness, Good Taste and Decency, Balance, Accuracy, Discrimination and Denigration, Children’s Interests...

The Authority did not uphold a complaint that a spoof of OMC hit song ‘How Bizarre’, in which the singer mimicked the original artist’s accent, breached the discrimination and denigration standard. The Authority found the accent used was an attempt to imitate the distinctive singing voice of Mr Fuemana and sound of ‘How Bizarre’, in the spirit of spoofing the song itself, rather than an attempt to imitate a specifically Māori or Pacific Island English accent. It did not encourage discrimination against or denigration of Māori or Pacific Islanders. Not Upheld: Discrimination and Denigration...

A 1 News presenter used the term ‘gypsy day’ when reporting on the annual relocation of sharemilkers. The Authority upheld a complaint that this breached the discrimination and denigration standard. The Authority highlighted the importance of responding to societal change: terms that may have been acceptable in the past, may not necessarily be acceptable in the future. While not used to express malice or hatred, the phrase is derogatory and evokes prejudicial biases towards the Roma community. When used in this context, it is capable of embedding existing negative stereotypes. Upheld: Discrimination and Denigration No order...

The Authority has not upheld a complaint about a segment of Q+A discussing the lack of diversity among the National Party’s then top-12 Members of Parliament. In the segment, panellist Laila Harre commented, ‘the whole front kind of line-up looks like they’ve had a bit of an accident with the bleach’. The complaint was that this comment was inappropriate, unprofessional and racist. The Authority found the comment did not threaten community standards of taste and decency, or encourage discrimination or denigration of any section of the community, in the context of a political discussion in the public interest. The remaining standards complained about either did not apply or were not breached. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...

The Authority has not upheld a complaint under the discrimination and denigration standard about a broadcast in which two co-hosts made fun of the third for giving his pet pig a name shared by ‘one of the most powerful figures in the Nazi Party’, and the three of them joked about distinguishing names associated with Hitler and the Nazis by spelling them differently. The Authority noted the comments may be considered distasteful, in that they trivialised the notoriety of Hitler and the Nazis, but found they did not meet the high threshold required to find a breach of the discrimination and denigration standard. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint about an episode of Saturday Morning, in which host Kim Hill interviewed physician journalist and COVID-19 expert Dr Norman Swan. The complaint was that Dr Swan’s comments distinguishing between Long-Haul COVID-19 and Chronic Fatigue Syndrome normalised stigmatisation of the latter and breached the discrimination and denigration standard. The Authority acknowledged the complainant’s concerns, but found the comments did not reach the high threshold of harm that justifies restricting freedom of expression under the standard. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint images included in a 1 News item regarding the Children’s Commissioner’s report on child poverty breached the discrimination and denigration standard. The Authority did not consider ‘people in poverty’ to be a recognised section of the community for the purposes of the standard. In any event, the Authority did not consider the content of the broadcast encouraged discrimination or denigration in breach of the standard. Not Upheld: Discrimination and Denigration...

The Authority declined to determine two complaints as they did not raise any issues of broadcasting standards that warrant a determination. Decline to determine (section 11(b) of the Broadcasting Act 1989 – in all the circumstances): Good Taste and Decency, Discrimination and Denigration, Accuracy...

In an item about road rage on Seven Sharp, the presenters were discussing slow drivers when Jeremy Wells made the comments ‘grandpa’ and ‘always a grandpa’. Media Matters in NZ complained the comment breached the discrimination and denigration and accuracy standards. The Authority declined to determine the complaint on the basis it was trivial or frivolous. Declined to determine: Discrimination and Denigration, Accuracy...

Summary[This summary does not form part of the decision. ]An item on Worldwatch reported on a request from the Iraqi Prime Minister to President Obama for continued assistance in defeating Islamic State militants in his country. Another item reported on a rally which took place in Nigeria's capital to mark the first anniversary of the abduction of some 200 school girls by the 'terrorist group Boko Haram'. The Authority did not uphold the complaint that the use of the terms 'Islamist terrorism' and 'terrorist' was selective and denigrated people who follow Islam. The references were accurate, did not carry any invective and were not exclusive to Islamic groups so the programme as a whole could not be considered to encourage discrimination against, or the denigration of, all people of the Islamic religion. The complainant did not specify who he believed had been treated unfairly....

Summary[This summary does not form part of the decision. ]During the Leighton Smith Show, presenter Leighton Smith, in relation to a headline regarding Pope Francis’ warning to then President-elect Donald Trump, ‘do not back away from UN climate pact’, said, ‘I don’t want to offend, certainly not insult, any Catholics listening, but how did you end up with this tosser? ’ The Authority did not uphold a complaint that this comment was derogatory, crude and demeaning. Mr Smith was entitled to express his opinion on the Pope’s stance on climate change and while his comment was considered offensive by the complainant, in the context of a talkback radio show, the Authority did not consider it undermined current norms of good taste and decency....

Download a PDF of Decision No. 1992-068:Harang and Television New Zealand Ltd - 1992-068 PDF353. 15 KB...

ComplaintRadio Pacific talkback – (1) racist remarks – offensive language; (2) denigrated Maori FindingsNo tape provided – unable to determine complaint on merits Principle 8 – relevantOrderCosts of $250 to the complainant This headnote does not form part of the decision. Summary Talkback host John Banks was reported to have made critical references to the contribution by Maori to the millennium celebrations in New Zealand in a programme broadcast on Radio Pacific on 17 January 2000 between 8. 15–8. 50am. Hohepa Campbell complained to The RadioWorks Ltd, the broadcaster of Radio Pacific, that the host’s comments were offensive and anti-Maori and incited racial disharmony. As he did not receive a response from The RadioWorks within the statutory time frame, he referred the matter to the Authority under s. 8(1)(b) of the Broadcasting Act 1989....

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 1989LMFAO Video Hits – LMFAO song “Shots” broadcast at 7....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 Homeland – fictional drama series in which the CIA investigates a possible terrorist threat – allegedly in breach of discrimination and denigration standard Findings Standard 7 (discrimination and denigration) – standard not intended to prevent the broadcast of legitimate drama – programme did not encourage the denigration of, or discrimination against, a section of the community – not upheld This headnote does not form part of the decision....