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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-104 Dated the 14th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by NICHOLAS LUCAS of Dunedin Broadcaster 98 MORE FM of Dunedin S R Maling Chairperson L M Loates R McLeod A Martin...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Police Ten 7 – wanted offender described as “possibly Māori but pale skinned” and “possibly Māori, [with a] light complexion” – allegedly in breach of good taste and decency, accuracy, fairness and discrimination and denigration standards FindingsStandard 7 (discrimination and denigration) – segment did not encourage the denigration of, or discrimination against, Māori as a section of the community – not upheld This headnote does not form part of the decision. Introduction [1] A segment on Police Ten 7 profiled an aggravated robbery of a bar in Christchurch. Viewers were told that it was committed by three men, two armed with guns and one armed with a crowbar. The segment included security footage of the robbery, outlined the facts of the case, and outlined ways that viewers may be able to help police identify the offenders....

ComplaintLeighton Smith Morning Show – Newstalk ZB – interview with Chuck Missler – evangelist from United States – advanced prophecies from the Bible including some predictions about the Antichrist – inaccurate – unfair – unbalanced – encouraged discrimination FindingsPrinciple 4 – sufficient opportunities for balance – no uphold Principle 6 – not inaccurate – no uphold Principle 7 – denigration did not breach threshold – no upholdThis headnote does not form part of the decision. Summary [1] American evangelist, Chuck Missler, was a guest on the Leighton Smith Morning Show, broadcast on Newstalk ZB, between 10–11am on 18 July 2003. In response to questions from the host and from listeners, Mr Missler spoke about the Antichrist and other predictions in the Bible....

ComplaintsShortland Street – character with bipolar disorder – portrayed as obsessive, delusional and violent – inaccurate – unfair – stereotyping FindingsStandard G1/Standard 5 – fiction – not applicable Standard G6/Standard 4 and Guideline 4a – fiction – not applicable Standard G13/Standard 6 and Guideline 6g – no discrimination – dramatic work – no uphold Standard G20/Standard 4 and Guideline 4b – fiction – not applicable Standard G21/ Standard 5 and Guideline 5a – fiction – not applicable This headnote does not form part of the decision. Summary [1] A storyline about a character with bipolar disorder ("Jack Hewitt") screened during episodes of Shortland Street broadcast on TV2 at 7. 00pm on weeknights from 3 December to 14 December 2001 and on 21 January 2002. During these episodes, "Jack" attempted to kill "Chris Warner", kidnapped "Rachel McKenna" and then committed suicide....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Cruise FM – host interviewed a member of the local district council and made comments that were critical of, and threatening towards, other council members – host also made comments about a rival radio station and, by implication, a staff member there – news item made claims about Deputy Mayor – allegedly in breach of standards relating to good taste and decency, law and order, accuracy, fairness, and discrimination and denigrationFindingsStandard 6 (fairness) – host made comments that were personally abusive and threatening – Mayor Neil Sinclair, Deputy Mayor Jenny Shattock, named councillor, Classic Hits and its staff treated unfairly – host’s comments about other council members and staff were brief, general criticisms mainly related to professional capacity and as such they were not treated unfairly – host abused his position by using the airwaves to discredit council members and staff at…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Voice of Islam – speaker made comments about the Bible and the Qur’an – stated that there were inconsistencies between the contents of the Bible which did not exist in the Qur’an – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – religious programme – expression of opinion – comments did not encourage denigration or discrimination – not upheld This headnote does not form part of the decision. Broadcast [1] Voice of Islam was broadcast on Triangle TV at 11. 30am on 27 November 2010. During the programme a lecture entitled “Beyond the Differences” was given by a Muslim Chaplain and former Christian preacher. [2] The speaker discussed what he considered to be the differences between the Bible and the Qur’an....

Summary [This summary does not form part of the decision. ]The Authority declined to uphold a complaint that a number of cooking and fishing programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. Killing and preparing animals to eat is a fact of life, and the complaint was based primarily on personal preferences, not broadcasting standards issues. Not Upheld: Good Taste and Decency, Law and Order, Controversial Issues, Fairness, Discrimination and Denigration, Responsible Programming, Children's Interests, ViolenceIntroduction[1] Peta Feral complained about a number of cooking and fishing shows aired on Choice TV. Ms Feral argued that these programmes 'perpetuate the exploitation, abuse, torture and murder of 63 million animals. . . per year'. As examples, Ms Feral referred to footage of live oysters being eaten and catch-and-release fishing, both of which she alleged to be barbaric and cruel....

The Authority has not upheld a complaint that an interview with an Israeli soldier on Morning Report breached several standards. The complainant alleged statements made by the interviewee were inaccurate, discriminated against Palestinians and Middle Eastern people, and were offensive and disturbing and unbalanced. The Authority found that the statements of the interviewee were comment, analysis or opinion to which the accuracy standard does not apply and, if not, the broadcaster had made reasonable efforts to ensure accuracy. The Authority also found the comments were not directed at Palestinians and Middle Eastern people and were, in any event, serious comment, analysis or opinion to which the discrimination and denigration standard does not apply; the comments did not seriously violate community standards of taste and decency; and the interview did not breach the balance standard noting it was clearly signalled as presented from a particular perspective....

The Authority has upheld a complaint about a broadcast which referred to the owners of the road cycling team ‘Israel Start-up Nation’ as ‘Jewish billionaires’. The complainant submitted the broadcast was offensive and racist as it made an unnecessary connection between money and Jewish people. The Authority found the effect of the broadcast was to embed and reflect harmful stereotypes, albeit unintended. The harm in this instance outweighed the broadcaster’s right to freedom of expression, and therefore the Authority upheld the complaint. Upheld: Discrimination and Denigration No order...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-021 Decision No: 1996-022 Dated the 29th day of February 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by WINTON ALLEN of Lower Hutt and A G T WANE of Warkworth Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-144 Dated the 31st day of October 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN GOLDEN of Porirua Broadcaster RADIO NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

The Authority has not upheld two complaints that a promo for the ASB Women’s Classic tennis competition was in breach of the good taste and decency and discrimination and denigration standards of the Pay Television Code of Broadcasting Practice. The promo depicted a tennis player’s skirt flying up in a brief action shot of her hitting the ball. While acknowledging the potential effect of repeatedly viewing this clip, the Authority found that ultimately the clip was not likely to undermine current norms of good taste and decency and did not contain the high level of condemnation or malice necessary to find a breach of the discrimination and denigration standard. The broadcaster provided an explanation for the selection of the clip and the Authority was satisfied that the promo would not cause harm at a level justifying regulatory intervention. Not Upheld: Good Taste and Decency, Discrimination and Denigration...

Summary Station identification promos broadcast on TV One included the slogan "Together We’re One", and the logo "Celebrating New Zealand". Mr Seymour complained to the broadcaster, Television New Zealand Limited, that the promos encouraged the denigration of Maori and, in particular, discrimination against the legitimate expression of Maori cultural and political beliefs. They promoted, he wrote, an ideology that was inherently assimilationist. TVNZ responded that the reference to "One" was to TV One. The promos implicitly reflected a "one-ness" between TV One and its viewers, and placed that theme in a determinedly bi-cultural context which recognised cultural diversity, it replied. It declined to uphold the complaint. Dissatisfied with TVNZ’s response, Mr Seymour referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989. For the reasons below, the Authority declines to uphold the complaint....

ComplaintZM 89. 8 – comments made about "iwi television" and the Karaka Yearling Sales – racial overtones – denigratory FindingsPrinciple 7 and Guideline 7a – high threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Comments made by the host of an afternoon programme were broadcast on ZM 89. 8 on Wednesday 29 January 2003 between 5. 00–6. 00pm. The comments related to "iwi television" and the Karaka Yearling Sales. [2] David Galbraith complained to The Radio Network Ltd, the broadcaster, that the comments had racial overtones and were unacceptable. [3] In response, TRN stated that no racial overtones could be detected in the host’s comments and declined to uphold the complaint. [4] Dissatisfied with TRN’s decision, Mr Galbraith referred his complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Thomas the Tanked Engine – use of the word “faggot” – allegedly in breach of social responsibility Findings Principle 7 (social responsibility) and guideline 7a (denigration) – threshold for denigration not met – not upheld This headnote does not form part of the decision. Broadcast [1] During a segment called Thomas the Tanked Engine, broadcast on Radio Hauraki’s Breakfast Show on 29 October 2007, the word “faggot” was used by the character Thomas. The following exchange took place between the characters Thomas and Percy: Thomas: Look Percy, there are the two key members of “King”. Percy: Queen. Thomas: Faggot. Percy: No Thomas, they’re (indistinct), oh never mind. . . Complaint [2] Michael Botur made a formal complaint to The Radio Network (TRN), the broadcaster, alleging that the character’s use of the word “faggot” was in breach of social responsibility standards....

Summary[This summary does not form part of the decision. ]In June, October and November 2016, Sikh radio station Radio Virsa broadcast four programmes in Punjabi on 107FM. The programmes included host and talkback commentary about a wide range of issues. The Authority received a complaint that these broadcasts contained threatening and coarse language and themes, and offensive statements were made in relation to a number of named individuals in the Sikh community, including the complainant. The Authority found that aspects of these broadcasts were in breach of broadcasting standards. The Authority was particularly concerned that offensive comments were made about named individuals in the local community, which resulted in the individuals’ unfair treatment and, in one instance, a breach of privacy....

The Authority has not upheld two complaints regarding an interview of American philosopher and gender theorist Judith Butler by Kim Hill. The interview discussed ‘the debate about who can be classified as a woman’ and used the term ‘TERF’, an acronym meaning trans exclusionary radical feminist, to describe those ‘who oppose transgender as a phenomenon and transgender rights more broadly’, particularly through excluding trans people from women-only spaces. The Authority found the broadcast was not discriminatory towards women and the term ‘TERF’ was used as part of a discussion of the debate and the expression of legitimately held opinion. Not Upheld: Discrimination and Denigration...

ComplaintRadio Pacific talkback – John Banks – critical of Italian team at America’s Cup – greasy Italians – unfair – offensive language – discriminatory – incomplete tape FindingsPrinciple 1 – offensive – uphold Principle 7 – no uphold OrderCosts to the Crown in the sum of $1000 This headnote does not form part of the decision. Summary During his talkback programme broadcast between 6. 00–9. 00am on 23 February 2000 on Radio Pacific, host John Banks referred to an incident which had occurred in the America’s Cup race the previous day when the Italian challenger had experienced a number of mishaps and a crew member suffered a head injury. Among other things, he was said to have described the team as "greasy Italians who should be sunk to the bottom of the Waitemata Harbour....

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....