Search Rapua

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....

The Authority has not upheld a complaint regarding an item on 1News covering a Hobson’s Pledge campaign against bilingual road signage. The complaint was that the coverage was biased and unfair by suggesting feedback using the Hobson’s Pledge template was ‘bad’, trying to influence how people gave feedback, and only interviewing members of the public in support of bilingual signage. The Authority found the broadcaster provided sufficient balance and the item was not unfair, as Hobson’s Pledge was given an opportunity to comment, and its position was adequately presented in the item. The complaint did not identify any inaccurate statement or reasons why the item was inaccurate, and the discrimination and denigration standard did not apply. Not Upheld: Balance, Accuracy, Fairness, Discrimination and Denigration...

Summary [This summary does not form part of the decision. ]A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The Authority did not uphold the complaint that the item did not sufficiently include balancing comment. The item presented a number of comments in support of the beneficiaries, and it was clear the interviewees were offering their own opinion, which is not subject to standards of accuracy. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] A ONE News item reported that 21,000 people had recently had their job-seeker benefits cut for travelling overseas. The item featured Social Development Minister Paula Bennett explaining the rationale for restricting beneficiaries’ overseas travel and expressing disappointment with the latest statistics. The item also included comment from Green Party co-leader Metiria Turei and Auckland Action Against Poverty spokesman Alastair Russell....

Download a PDF of Decision No. 1992-044:Jackson and Television New Zealand Ltd - 1992-044 PDF209. 06 KB...

ComplaintQueer as Folk – offensive behaviour – homosexuality – paedophilia – offensive language – fuck – blasphemy – God – Jesus Christ; unbalanced – unlawful acts portrayed FindingsStandard G2 – AO time – series challenging – community divided – no uphold Standard G5 – did not condone illegality – no uphold Standard G6 – not relevant Standard G12 – not relevant Standard G13 – no denigration – no uphold This headnote does not form part of the decision. Summary Episodes of Queer as Folk were broadcast on TV4 on 8 and 15 March 2000 beginning at 9. 30pm. The 8 March episode showed simulated sex between an adult male and a 15-year-old male, and the 15 March episode included a story line which referred to homosexual activity with the same young man....

SummaryIn an item on Morning Report broadcast on 12 August at 7. 28am, the presenter suggested to an investment advisor, when he was interviewed about the possible sale of the Wellington Airport, that potential buyers would "have to be blind" to think the sale was not a political minefield. Mr Mosen complained to Radio New Zealand Ltd that he, as a blind person, found the comment highly offensive, as it equated blindness with stupidity. He maintained that it was distressing and unhelpful to have ignorant and inaccurate perceptions about blindness reflected by a current affairs presenter. He sought an apology. RNZ defended the use of the phrase which it asserted was used in a colloquial sense and also a metaphorical sense, and maintained that the meaning of the figurative use was perfectly clear....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Solid Gold FM – comment by radio announcer that Ellen DeGeneres had been chosen as new American Idol judge making her “the second most powerful lesbian on the planet – the first of course being Chris Carter” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration Findings Standard 7 (discrimination and denigration) – comment was clearly intended to be a joke – did not encourage discrimination against or denigration of a section of the community – not upheld Standard 1 (good taste and decency) – broadcast did not contain any material or language that strayed beyond the bounds of good taste and decency – not upheld Standard 5 (accuracy) – comment was a joke and would not have been interpreted as a statement of fact – standard not applicable – not upheld Standard 6 (fairness) – comment was a joke…...

Complaints under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific talkback – discussion about Exclusive Brethren and religious cults – host alleged, among other things, that Exclusive Brethren were mad, ignorant, bad neighbours and probable child abusers who should be bred out of the human race – broadcast allegedly inaccurate, unbalanced, unfair, degrading, defamatory and discriminatoryFindingsPrinciple 1 (good taste and decency) – subsumedPrinciple 4 (balance) – subsumedPrinciple 5 (fairness) – unfair to Exclusive Brethren – upheldPrinciple 7 (denigration and discrimination) – encouraged denigration of members of Exclusive Brethren – upheldOrdersSection 13(1)(a) – broadcast of a statementSection 16(1) – costs awards totalling $3456. 74This headnote does not form part of the decision. Broadcast[1] The Exclusive Brethren and whether religions sects should be granted dispensation from certain laws of New Zealand was one of three topics discussed during Michael Laws’ talkback programme broadcast on Radio Pacific on 13 July 2004....

Summary[This summary does not form part of the decision. ]Sunday Morning contained two items on the historical relationship between Israel and apartheid South Africa: Counterpoint contained a discussion of the relationship between Israel and South Africa and of Israel's arms industry; and an interview with an anti-apartheid activist discussed this topic as well as modern-day Israel's treatment of Palestinians. The Authority upheld complaints that the broadcast breached the controversial issues standard, as no alternative perspective was presented either within the broadcast, in any proximate broadcast or in other media. The Authority declined to uphold the remainder of the complaints because: the statements complained of were either expressions of opinion or matters the Authority cannot determine and therefore were not subject to the accuracy standard; the statements did not reach the high threshold necessary to encourage discrimination or denigration; and the programme did not treat any individual or organisation unfairly....

Summary[This summary does not form part of the decision. ]A complaint about comments, made by contestants about a landscaper during an episode of The Block, was not upheld. During the episode, a new landscaper started work on the property of contestants, Chlo and Em. Em referred to the landscaper and said, ‘Who’s that new meat on The Block? Come over. ’ Chlo then said ‘Some fresh meat for Em’. The complainant submitted the references to the landscaper as ‘meat’ were sexist, unacceptable and amounted to sexual harassment. The Authority highlighted the importance of context when considering whether comments of a sexual nature have breached broadcasting standards. The Authority noted that, in some contexts, these comments could be considered to be inappropriate. In this case, however, the comments did not go beyond audience expectations of The Block....

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that the action taken by NZME in response to a breach of the good taste and decency standard during an episode of the programme Bhuja was insufficient. The Authority agreed that the programme breached standards, by failing to signal to viewers that a highly aggressive interview was staged, and by broadcasting offensive language. However, the Authority found the action taken by the broadcaster holding the hosts to account with regard to language used, was proportionate to the breach and any further action would unreasonably limit the broadcaster’s right to freedom of expression. The Authority also found that the fairness, discrimination and denigration, violence and accuracy standards did not apply to the material broadcast. Not upheld: Good Taste and Decency (Action Taken), Fairness, Discrimination and Denigration, Violence, Accuracy...

The Authority has upheld a complaint that comments made by Kate Hawkesby on Early Edition with Kate Hawkesby, about the newly introduced Equity Adjustor Score in the Auckland region, were misleading. The Equity Adjustor Score is a system which uses five categories to place patients on the non-urgent surgical waitlist, including clinical priority, time spent waiting, location, deprivation level and ethnicity. Hawkesby made statements to the effect that the Score meant Māori and Pacific Peoples were being ‘moved to the top of surgery waitlists’. The Authority found the comments to be materially misleading in relation to the nature and impact of the Score, as they gave the impression that ethnicity was the only, or the key factor, involved in the assessment, and that Māori and Pacific patients would be given immediate precedence on the surgical waitlist as a result, when this was not the case....

The majority of the Authority has upheld a complaint that a segment on 1News Tonight reporting regarding an Israeli strike on Iran breached the accuracy standard. The complainant alleged the broadcast was misleading as the use of ‘unprecedented’ to describe a prior Iranian strike implied the Iranian strike was unprovoked, and this was compounded by the omission of reference to an earlier Israeli strike on an Iranian consulate building in Syria. The majority agreed the broadcast created a misleading impression of Iran’s actions through use of the term ‘unprecedented’ to describe its strike on Israel, inclusion of comments suggesting Israel’s strike to be a proportionate response and due to comments of the Iranian Foreign Minister being edited in a way rendering them unclear....

The Authority has declined to determine a complaint about a news item on RNZ National. The item included a brief comment of Israeli Prime Minister Benjamin Netanyahu from his first televised address following the deaths of key Hamas leaders which the complainant alleges was in breach of multiple standards. The Authority declined to determine the complaint finding it relates to a matter of editorial discretion/personal preference and identified no harm sufficient to outweigh the right to freedom of expression. Declined to Determine under s 11(b) of the Broadcasting Act 1989: Offensive and Disturbing Content, Children's Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance and Fairness...

The Authority has declined to determine a complaint that 1News’ ANZAC Day bulletin, which included coverage of Māori soldiers, the 28th Māori Battalion and a pre-recorded story by 1News’ Māori Affairs Correspondent, breached the discrimination and denigration, balance and fairness standards. The Authority considered the relevant content appropriate to the context of the broadcast, which marked the first ANZAC Day without a surviving member of the 28th Māori Battalion. It also found the complaint reflected the complainant’s own personal preferences on a matter for the broadcaster’s editorial discretion and did not raise any issues of broadcasting standards that warranted determination. Declined to determine (section 11(b), Broadcasting Act 1989 – in all the circumstances of the complaint, it should not be determined): Discrimination and Denigration, Balance, Fairness...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – four items reporting special investigation into Ministry of Social Development’s “Community Max” projects questioned how millions of dollars had been spent – reporter visited sites of six projects – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – items discussed a controversial issue of public importance – broadcaster made reasonable efforts to present significant points of view on the issue within the period of current interest – not upheld Standard 5 (accuracy) – very small number of minor points had the potential to be misleading – however in the context of four items which legitimately questioned government spending upholding the complaint would unreasonably restrict the broadcaster’s right to freedom of expression – not upheld Standard 6 (fairness) – MSD should expect that as a government Ministry it is subject to scrutiny…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989 One News – item reported on Australian Open Tennis Championships – reporter commented with regard to Serena Williams’ performance, “The American was almost schizophrenic – she hit four double faults in one game, as well as an ace” – allegedly in breach of discrimination and denigration, and accuracy standards Findings Standard 7 (discrimination and denigration) – term “schizophrenic” was used colloquially as an adjective to describe Ms Williams’ sporting performance – comment did not carry any invective or malice – use of the term did not encourage discrimination against, or the denigration of, people with mental illness as a section of the community – not upheld Standard 5 (accuracy) – use of term “schizophrenic” was not a statement of fact – amounted to commentary and was therefore exempt from standards of accuracy under guideline 5a – not upheld This headnote does not form part of the…...

Complaint under section 8(1)(a) of the Broadcasting Act 1989Popetown – animated comedy set in a fictional Vatican City – allegedly in breach of good taste and decency, unfair and denigratoryFindingsPreliminary findings – Authority applied TVNZ v VoTE approach to New Zealand Bill of Rights Act – Authority must consider whether finding a breach of standards would impose unreasonable limitation on free speech Standard 1 (good taste and decency) – contextual factors favour broadcaster – public interest does not require finding a breach of standards simply because broadcasts lampooned Catholicism – not upheld Standard 6 (fairness) and guideline 6g (denigration) – high threshold in light of protection given to satire in 6(g)(iii) – threshold one of vitriol or hate speech – fact that offence caused of itself insufficient to find breach of standard – programmes not realistic as complainant alleged – not upheld Standard 6 (fairness) – satirical programmes would only be unfair in…...

Summary [This summary does not form part of the decision. ] During The Panel, a study was discussed which showed women are now outdoing men in some areas of cognition. The panellists joked about whether the study explained the reasons behind a ‘man’s look’ or why men do not replace toilet rolls. The Authority did not uphold the complaint that their comments denigrated men. They were clearly intended to be humorous and light-hearted, and did not carry any invective. Not Upheld: Discrimination and Denigration Introduction [1] During The Panel, the male host and female panellists discussed a new study which showed women are catching up to men in some areas of cognition and outpacing them in others due to better health, education and living conditions....