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Summary[This summary does not form part of the decision. ]During a talkback segment on the Leighton Smith Show, the host discussed the recent legal personhood granted to the Whanganui River. The complainant, Mr Haines, phoned in to the programme to discuss the issue. After a two-and-a-half minute conversation, Mr Smith responded that it was ‘stupidity to give [the Whanganui River] equal status as a person. Now get off the phone,’ and made comments about Mr Haines self-identifying as Māori. The Authority did not uphold a complaint that Mr Smith’s statements were derogatory and insulting to Mr Haines and to Māori people. While the Authority acknowledged that Mr Smith’s comments could be seen as dismissive and disrespectful, in the context of the robust talkback radio environment, they did not reach the level necessary to constitute unfair treatment or to encourage discrimination or denigration....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – host interviewed members of New Zealand Actors’ Equity union on controversy surrounding production of the film The Hobbit in New Zealand – the host stated, “So there is not some Australian with his or her hand up your bum operating you like a puppet?...

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(1B)(b)(i) of the Broadcasting Act 1989 Nightline and 3 News – news items reported on release of convicted sex offender Stewart Murray Wilson – referred to Mr Wilson as “the Beast of Blenheim” and “the Beast” – allegedly in breach of standards relating to good taste and decency, law and order, privacy, controversial issues, accuracy, fairness, responsible programming and children’s interests FindingsStandard 6 (fairness) – standard only applies to individuals and organisations so cannot be considered in relation to prisoners in general – label was assigned to Mr Wilson and the nature of his crimes many years ago and has been used extensively throughout the media – it has become a well-known nickname and the broadcaster cannot be held responsible for its continued use – broadcasts also contained Mr Wilson’s legal name – not upheld Standard 2 (law and order) – use of the label “the Beast of Blenheim” and…...

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....

The Authority has not upheld complaints that action taken by Radio New Zealand Ltd was insufficient, after the broadcaster upheld the complaints under the accuracy standard about a statement in a news bulletin that a recent ruling by the International Court of Justice had found Israel ‘not guilty of genocide. ’ While the Authority agreed with the broadcaster’s decision to uphold the complaints, it found RNZ had taken sufficient steps in response to the complaints, by broadcasting an on-air correction within a reasonable period after the bulletin at issue, as well as posting a correction to its website. Other standards alleged to have been breached by the broadcast were found either not to apply or not to have been breached. Not Upheld: Accuracy (Action Taken), Offensive and Disturbing Content, Children’s Interests, Promotion of Illegal or Antisocial Behaviour, Discrimination and Denigration, Balance, Fairness...

The Authority has not upheld a complaint about an item on 1News about a spate of dog attacks in South Auckland. During the item’s introduction, an image of a black and white dog was depicted behind the presenter. The complainant said the image was of a Staffordshire Bull Terrier (‘Staffy) and its use may erroneously ‘encourage viewers to be fearful of Staffies, maybe even encouraging mistreatment’. The Authority found use of the image would not have caused viewers to fear or mistreat Staffies. The item did not suggest certain dog breeds are dangerous. The discrimination and denigration standard did not apply. Not Upheld: Discrimination and Denigration, Accuracy...

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...

An appeal against this decision was dismissed in the High Court: CIV 2010-404-004893 PDF1....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-134 Dated the 16th day of October 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ROBERT SMITH of Tauranga Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

SummaryWWF Raw and WWF Summerslam were broadcast consecutively on TV4 on 11 September 1999, from 8. 30pm to12. 00am. These programmes featured professional wrestling bouts which had been staged in front of live audiences. Mr Bridgman, Ms Crombie, Mr Little and Mr Bonner complained to TV3 Network Services Ltd, the broadcaster, that aspects of the behaviour shown in the programmes breached programme standards relating to good taste and decency, discrimination against women, and the effect of programmes on children and violence. TV3 explained that the "fights" in the programmes were choreographed, not real. It described the WWF shows as "neither sport nor drama but a kind of pageant" which it compared to a magic show. TV3 rejected every aspect of the complaints. Dissatisfied with TV3’s response, the complainants referred their complaints to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

ComplaintLive to Air: an Election Drama – radio play – National Radio – use of words "God" and "Jesus Christ" as expletives – offensive language – blasphemy FindingsPrinciple 1 – context – no uphold Principle 7 and Guidelines 7a, 7b, 7c, 7d, 7e, 7f – only Guideline 7a relevant – threshold not achieved – no uphold This headnote does not form part of the decision. Summary [1] Live to Air: an Election Drama was the title of a fifty minute-long radio play broadcast on National Radio at 4. 05pm on Sunday 28 July 2002. The dialogue on occasions used the words "God" and "Jesus Christ" as expletives. [2] Stella Anne McArthur complained to Radio New Zealand Ltd, the broadcaster, about the irreverent use of holy names. She described their use as offensive....

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. ]Worldwatch broadcast a three-part interview series with Hanan Ashrawi, a Palestinian legislator, described as ‘one of the most powerful women in the Middle East’ and ‘a forceful advocate for Palestinian self-determination and peace in the Middle East’. The Authority did not uphold a complaint alleging that the interviews amounted to support for terrorism, ‘[s]olely blame[d] Israel for all the Palestinian suffering’, and contained a number of inaccurate and misleading allegations about the Israel-Palestine conflict. The interviews did not contain several of the statements complained about, but were rather the complainant’s interpretation of what he considered Ms Ashrawi had implied. Other comments complained about were clearly Ms Ashwari’s opinion, to which the accuracy standard did not apply....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Nation – discussed the Labour Party’s proposal to increase the number of female caucus members – allegedly in breach of controversial issues, fairness, and discrimination and denigration standardsFindingsStandard 4 (controversial issues) – Labour Party’s proposal was a controversial issue of public importance – two of four panellists who discussed the issue expressed views in support of the proposal – gender of panellists not relevant and spectrum of views meant sufficient balance provided – broadcaster made reasonable efforts and gave reasonable opportunities to provide balance on the issue in the programme – not upheldStandard 7 (discrimination and denigration) – panellists did not comment on women in general – programme did not encourage discrimination or denigration against women as a section of the community – not upheldThis headnote does not form part of the decision....

Summary[This summary does not form part of the decision. ] During a segment on Jay-Jay, Dom & Randell, the show’s hosts asked callers to submit a ‘corny joke’. A caller submitted the following joke: ‘What’s the hardest part about cooking a vegetable? Trying to fit the wheelchair in the pot. ’ Before the caller delivered the punchline, one of the hosts (who believed he knew the joke), asked his co-hosts to switch off their microphones so they could discuss it. The hosts also spoke to their producer, asking whether it was appropriate to air the punchline to the joke. After some deliberation, they decided to allow the joke to be broadcast. The hosts reacted to the punchline by saying, ‘No! No! That’s a terrible joke! ’ and ‘That’s not a joke! ’ The Authority did not uphold a complaint that the segment was in poor taste and discriminatory....

Warning: This decision contains language that some readers may find offensiveSummary[This summary does not form part of the decision. ]During an interview on Breakfast about a proposed cull of Himalayan tahr, the Minister of Conservation, Hon Eugenie Sage, appeared to use the word ‘cunters’ when referring to the educational effort undertaken by tahr hunters. The Authority did not uphold a complaint that the Minister’s use of this word during this interview breached the good taste and decency and discrimination and denigration standards. The use of the word was an accidental slip of the tongue and it was clear that the Minister intended to refer to ‘hunters’ during this section of the interview. The use of the word was not deliberate nor was it used with any malice or invective....

Summary [This summary does not form part of the decision. ]During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics and ‘he’s got the Christians [voting for him]’. The Authority did not uphold two complaints that these comments were unbalanced, inaccurate and unfair. The segment clearly comprised the correspondent’s own analysis and commentary rather than statements of fact, so viewers would not have been misled and the broadcaster was not required to present other views. As the leader of a political party, Mr Craig should expect criticism and scrutiny, so the comments were not unfair. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] During 3 News: Firstline, TV3’s political correspondent commented that Colin Craig was the ‘toilet paper’ of conservative politics, and that ‘he’s got the Christians [voting for him]’....