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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-151 Decision No: 1997-152 Dated the 20th day of November 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by W G FABER of Gore and C B NOBLE of Wanganui Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...
Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Breakfast – host interviewed Professor of Māori history about 21 hui selecting a ‘Māori’ flag to be flown on Auckland Harbour Bridge on Waitangi Day – both host and interviewee commented that the process was a waste of time and money – allegedly in breach of good taste and decency, law and order, controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards Findings Standard 4 (controversial issues – viewpoints) – item discussed controversial issue of public importance – One News item the previous evening presented alternative viewpoints which provided balance – not upheld Standard 7 (discrimination and denigration) – comments reinforced negative stereotypes but did not reach threshold necessary for encouraging denigration – not upheld Standard 5 (accuracy) – comments about Tino Rangatiratanga flag being one of division were clearly the host’s opinion – not upheld Standard 6 (fairness) – fairness to Māori dealt…...
The Authority has declined to determine a complaint that a hip hop song contained racial slurs (including the n-word). The Authority noted the broadcaster apologised to the complainant for the offence caused and removed the song from its playlist. The Authority considered this action was sufficient and, in all the circumstances, it was not necessary to determine the complaint. Declined to Determine (section 11(b) of the Broadcasting Act 1989, in all the circumstances): Good Taste and Decency, Programme Information, Children’s Interests, Violence, Law and Order, Discrimination and Denigration, Privacy...
ComplaintNewstalk ZB – talkback – reference to named Judge "jerking off at work" – bad taste – unbalanced – anti-male FindingsPrinciple 1 – robust environment – no uphold Principle 5 – reference to named Judge unfair – majority – uphold Principle 7 and Guideline 7a – neither men nor judges denigrated – no uphold No Order This headnote does not form part of the decision. Summary [1] A High Court Judge who had viewed pornography on the Internet while at work was the subject of a talkback discussion on Newstalk ZB on 19 February 2002 at around 10. 00pm. During the broadcast, the host made a reference to the Judge "jerking off at work". [2] Dennis Pahl complained to The Radio Network Ltd, the broadcaster of Newstalk ZB, that the reference was anti-male, defamatory, in poor taste and showed a "demonstrable lack of balance" in the show....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Jay-Jay, Mike & Dom Show – contained discussion about a controversial tweet by one of the hosts in which he said, “Girls rapping....
Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Leighton Smith Show – host discussed verdicts in Urewera Four case – complainant phoned the programme and the host subsequently made comments about “nut bars” in New Zealand – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – unclear which section of the community the complainant considered was denigrated or discriminated against – standard only applies to sections of the community and not to individuals so cannot be considered in relation to the complainant – broadcast did not encourage denigration of, or discrimination against, any section of the community – not upheld This headnote does not form part of the decision. Introduction [1] During the Leighton Smith Show, broadcast on the morning of 21 March 2012 on Newstalk ZB, the host discussed the verdicts in the “Urewera Four” case....
Summary[This summary does not form part of the decision. ]The Authority has upheld one aspect of a complaint from three complainants about a segment of Punjabi talkback programme Panthic Vichar, broadcast on community radio station, Planet FM. During the programme, host Kuldip Singh made a number of allegations against the complainants, regarding use of grant money and cheating or ‘unjust’ behaviour at a kabaddi tournament. The Authority found that the host’s comments reflected negatively on the complainants and as such, they should have been given an opportunity to respond to the allegations. The Authority did not uphold the remaining aspects of the complaint. The Authority acknowledged the limited resources available to the broadcaster, but reminded it of its obligations under the Broadcasting Act 1989 to receive and consider formal complaints through a proper process, including where the broadcast subject to complaint is in a language other than English....
The Authority has not upheld a complaint about documentary Western Thrace, Contested Space, which examined the lives of ethnic Turks living in the Western Thrace region of Greece. It found that there were no material inaccuracies in the documentary as alleged by the complainant. The documentary was about discrimination felt by the Turkish community as a whole and was exploring their experiences. Some inaccuracies alleged by the complainant were broadly immaterial to the thrust of the documentary, while others were expressions of opinion, comment and analysis, to which the accuracy standard does not apply. It found the balance standard did not apply as it did not discuss a controversial issue of public importance in New Zealand. The remaining standards raised also did not apply. Not Upheld: Accuracy, Balance, Fairness, Discrimination and Denigration...
Two complaints about Sean Plunket’s interview of Te Whānau ā Apanui spokesperson Louis Rapihana were upheld under the discrimination and denigration standard. The interview was about the legal basis for iwi roadblocks in the eastern Bay of Plenty under COVID-19 Alert Level 4 and what the iwi intended to do if anyone refused to comply with the travel permit requirement established under Alert Level 3. The Authority1 found Mr Plunket’s approach during the interview and comments made on-air afterwards had the effect of amplifying negative stereotypes about Māori and the potential to cause widespread harm. Upheld: Discrimination and Denigration Orders: Section 13(1)(a) – broadcast statement; Section 16(4) – $3,000 costs to the Crown...
Summary[This summary does not form part of the decision. ]An item on 1 News reported on the then President-Elect Donald Trump’s meeting with rapper Kanye West, and President-Elect Trump’s choice for Secretary of State, Rex Tillerson. At the end of the item, the newsreader stated, ‘And Trump has also chosen a climate change denier, former Texas Governor Rick Perry, to become his Secretary of Energy’. The Authority did not uphold a complaint that the term ‘climate change denier’ was deeply offensive to all climate change sceptics, particularly because it linked them to ‘Holocaust deniers’, and was inaccurate and unbalanced. ‘Climate change sceptics’ are not a recognised section of the community to which the discrimination and denigration standard applies. In any event, the term was used in this item merely to describe a particular perspective on the issue of climate change....
An item on 1 News reported on the National Party leadership battle between Simon Bridges MP and Christopher Luxon MP. In describing both contenders, the reporter referred to Bridges as an ‘absolute political mongrel’. The complainant stated this reference breached various standards including the good taste and decency, and fairness standards as it was inappropriate to describe the Minister as a mongrel. The Authority did not uphold the complaint, finding the term had a separate, complimentary, meaning which was clearly intended in this context. The discrimination and denigration, balance, and accuracy standards did not apply. Not Upheld: Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy, Fairness...
BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-171 Dated the 15th day of December 1997 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 S R Maling Chairperson L M Loates R McLeod J Withers...
The Authority has not upheld a complaint about an item on Morning Report, which discussed efforts to increase diversity in local government bodies. The complainant considered the comment ‘pale, male and stale’ made during the broadcast was derogatory towards older white men, and breached the discrimination and denigration standard. The Authority found the comments did not meet the high threshold required to breach the standard and justify restricting the right to freedom of expression. Not Upheld: Discrimination and Denigration...
Complaint under section 8(1B)(b)(i) and 8(1C) of the Broadcasting Act 1989Sunday – item and follow-up item investigated a war crime perpetrated by New Zealand’s mounted troopers in Surafend in 1918 – reported how many people had been killed and questioned why the Government would not apologise to the victims’ families – allegedly in breach of controversial issues, accuracy, fairness, and discrimination and denigration FindingsStandard 5 (accuracy) – no material points of fact raised by the complainant – general thrust of the item was accurate – upholding the complaint would unreasonably restrict broadcaster’s right to freedom of expression – not upheld Standard 4 (controversial issues – viewpoints) – programme of historical interest but did not discuss a controversial issue of public importance – not upheld Standard 6 (fairness) – standard only applies to specific individuals – not upheld Standard 7 (discrimination and denigration) – New Zealand World War I troops not a section of the…...
SummaryThe word "Poms" was used on Breakfast broadcast on TV One on 23 December 1998 at 7. 00am in reference to the English cricket team which was touring Australia. Mr and Mrs Whitmore complained to Television New Zealand Ltd, the broadcaster, that the word "pom" was without doubt racial discrimination. They asserted that no other race was belittled in the same way, and noted that the remark was often used in association with a report of a losing sporting performance. TVNZ responded that in its view the word did not carry the offensive connotations which the complainants attached to it. It was, TVNZ argued, a term used affectionately by residents of New Zealand and Australia. It noted that the issue had already been before the Authority which had concluded that the term did not breach broadcasting standards. It declined to uphold the complaint....
Summary [This summary does not form part of the decision. ] During The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip, and used live bait to catch marlin. The Authority did not uphold the complaint that the practice of live baiting was cruel and breached standards. The footage was not unexpected in a fishing programme, and the complainant’s concerns relate more to the programme genre in general, and personal lifestyle preferences, which are not a matter of broadcasting standards. Not Upheld: Good Taste and Decency, Fairness, Discrimination and Denigration, Violence Introduction [1] During an episode of The ITM Fishing Show, the host travelled to Mexico for a sport fishing trip. The host and crew used live bait to catch marlin, a traditional method used in Mexico....
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 that a statement on Coast FM news, ‘A herd of international students is about to stampede into New Zealand’, breached the discrimination and denigration standard. The Authority found ‘international students’ did not amount to a section of the community under the standard. In any event, the statement would not have reached the threshold required for finding a breach. There were issues with the retention of the broadcast by NZME, and the Authority noted this was a serious procedural concern. Not Upheld: Discrimination and Denigration...
The Authority has not upheld a complaint about an RNZ News item covering anti-racism protests in Washington and London. The item reported that after ‘a largely peaceful day’, some of the British protesters threw bottles at police, mounted officers charged at the protesters, and an officer ‘required hospital treatment after falling from her horse’. The complaint was that this characterisation of the events breached broadcasting standards as the protest was not ‘peaceful’ and other reports noted the horse bolted after a firework or similar was thrown from the crowd. The Authority found the item was materially accurate, and that the remaining standards raised were not applicable to the complainant’s concerns. Not Upheld: Accuracy, Balance, Fairness, Law and Order, Discrimination and Denigration...
Summary[This summary does not form part of the decision. ]During a Gospel Hour programme on Radio Voqa Kei Viti Aotearoa, a Fijian language station, the announcer used the term ‘iTaukei’ in her greetings to listeners, which the broadcaster submitted referred to the indigenous Fijian population in New Zealand and elsewhere overseas. The Authority did not uphold a complaint that the term ‘iTaukei’ meant ‘owner’ in English (and therefore referred to New Zealand Māori), and that use of this term caused division and unrest amongst the station’s Fijian listeners. The Authority found that, while the announcer’s use of the term may be seen by some as divisive and politically-charged, it was not offensive, incorrect or discriminatory to an extent that would justify the Authority intervening and finding a breach of broadcasting standards, and as a result limiting the broadcaster’s right to freedom of expression....