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Decisions
Right To Life New Zealand and Mediaworks TV Ltd – 2019-041 (17 September 2019)
2019-041

A complaint that a segment on The Project which discussed the delay in abortion legislative reform and the current process for obtaining a legal abortion in New Zealand was discriminatory, unbalanced and misleading was not upheld. The Authority found that the item did not breach the discrimination and denigration standard as people who are opposed to this reform and ‘the unborn’ do not amount to recognised sections of the community for the purposes of the standard. The Authority also found the item clearly approached this topic from a particular perspective and that viewers could reasonably be expected to have a level of awareness of significant arguments in the debate. Not Upheld: Discrimination and Denigration, Balance, Accuracy...

Decisions
Wray and Mediaworks TV Ltd - 2017-014 (15 May 2017)
2017-014

Summary[This summary does not form part of the decision. ]An item on Newshub reported on the conviction and sentencing of a New Zealand woman, A, for the murder of her 20-year-old severely autistic and intellectually disabled daughter, B. The Authority did not uphold a complaint that the item ‘sympathised with the murderer over the victim’ and ‘morally absolved [A]’. The broadcast was a factual news item which reported on the outcome of criminal proceedings involving A, and largely reflected the Judge’s statements at sentencing. It was focused on the circumstances of A’s particular case and did not contain a discussion of the wider issues of violence against disabled people or family violence, and therefore did not require balancing perspectives on these issues....

Decisions
Sarah and Television New Zealand Ltd - 2018-079 (27 November 2018)
2018-079

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, characters Lincoln and Jack took Nicole out for drinks to take her mind off her attacker. Lincoln, who was previously in a relationship with a man, was shown taking an illegal drug which he gave to Nicole. Later in the episode, Lincoln and Nicole were shown in bed together. In the episode broadcast the following evening, Jack asked Lincoln about being gay and sleeping with Nicole. Lincoln replied that he did not have to ‘put a label on it’, saying, ‘I’m just me’. The Authority did not uphold a complaint that the programme’s portrayal of Lincoln’s sexuality, by a straight actor, could have damaging effects on young viewers or those struggling with their sexuality....

Decisions
Udy and Discovery NZ Ltd - 2022-077 (19 October 2022)
2022-077

The Authority has not upheld a complaint regarding comments made by Louise Wallace about overweight people, during a panel discussion on AM. The complaint was that the comments were in extremely bad taste and denigrating and discriminatory towards ‘fat women’ in particular. The Authority accepted the comments clearly had the potential to offend. However, noting in particular that the programme hosts challenged Wallace’s comments and made countering remarks, the Authority concluded that the comments did not meet the high threshold for finding the broadcast caused harm at a level that justified regulatory intervention or restricting freedom of expression. Not Upheld: Discrimination and Denigration, Good Taste and Decency...

Decisions
McArthur and Radio New Zealand Ltd - 2023-004 (16 May 2023)
2023-004

The Authority has not upheld a complaint several broadcasts on RNZ National concerning missiles that crossed into Poland breached broadcasting standards. The complainant alleged the reports were unbalanced, inaccurate as to the ownership of the missiles and other matters, discriminated against Russo and Slavic people, disturbing as they raised the prospect of nuclear war in which children would be harmed, and unfair to children. The Authority did not uphold the complaint under the balance standard as the broadcaster had presented significant viewpoints on the issue and had made reasonable efforts to ensure accuracy in the context of a developing story. The other standards either did not apply or were not breached. Not Upheld: Balance, Accuracy, Offensive and Disturbing Content, Children’s Interests, Discrimination and Denigration, Fairness...

Decisions
Absalom and MediaWorks Radio Ltd - 2023-030 (26 July 2023)
2023-030

A Today FM news bulletin featured an item reporting on pro-trans demonstrations at an Auckland event where ‘anti-trans rights activist’ Posie Parker had been scheduled to speak. The complainant considered the item’s description of Parker as an ‘anti-trans rights activist’ rather than a ‘women’s rights campaigner’ was in breach of the fairness, balance, accuracy and discrimination and denigration broadcasting standards. The Authority found that, given Parker’s views, the description ‘anti-trans rights activist’ was not unfair given its literal accuracy. The balance standard did not apply as the item was a straightforward news report which did not ‘discuss’ the issue and, in any event, listeners were alerted to alternative viewpoints in the item. The discrimination and denigration and accuracy standards were not breached. Not Upheld: Fairness, Balance, Discrimination and Denigration, Accuracy...

Decisions
Viti (NZ) Council E Aotearoa and Radio New Zealand Ltd - 2023-064 (12 September 2023)
2023-064

The Authority has declined to determine a complaint the use of the term ‘iTaukei’ to refer to indigenous Fijians breached the discrimination and denigration standard. In light of the Authority’s previous finding that a similarly innocuous use of the term did not breach broadcasting standards, the Authority considered it appropriate to decline to determine the complaint. Declined to determine (section 11(b) in all the circumstances the complaint should not be determined): Discrimination and Denigration...

Decisions
Carter and Television New Zealand Ltd - 2023-113 (20 February 2024)
2023-113

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...

Decisions
Al-Jiab and Television New Zealand Limited - 2024-041 (7 August 2024)
2024-041

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....

Decisions
Knight and Radio Pacific Ltd - 1998-121
1998-121

SummaryAccording to host John Banks, in his programme broadcast on Radio Pacific on 31 July 1998 between 6. 00-9. 00am, New Zealand needed allies like the Americans to protect it from enemies like Japan. Other similar references were made to Japan and its people. Mrs Knight complained to Radio Pacific Ltd, the broadcaster, that the remarks should not have been broadcast. In her view, the only purpose of the comments was to engender negative feelings among New Zealanders about Japan. She considered they were personal views, which Mr Banks should have kept to himself. Mrs Knight asked for an explanation and apology. In its response, Radio Pacific emphasised that talkback was a forum in which a variety of views could be expressed, even those which were contentious and provocative. It suggested that those who objected to Mr Banks’ views should phone and have their say on air....

Decisions
Durkin and Television New Zealand Ltd - 1999-194
1999-194

Summary Pulsate Wanaka Big Air contained a mix of competition skiing and music. The comment – "I hope he’s not gay" – was made by the presenter in response to being kissed on the top of his head by a competitor. The programme was broadcast on TV2 at 5. 00 pm on 15 August 1999. Ms Durkin complained to Television New Zealand Limited, the broadcaster, that in a programme aimed at the youth market such derogatory comments were irresponsible, reinforced negative stereotypes and created prejudice. TVNZ responded that the programme was presented in a light-hearted fashion and featured exuberant personalities. It was an off-the-cuff joke, it wrote, and was intended to be humorous. While it was sorry Ms Durkin was offended, it declined to uphold the complaint. Dissatisfied with TVNZ’s response, Ms Durkin referred the complaint to the Broadcasting Standards Authority under s. 8(1)(a) of the Broadcasting Act 1989....

Decisions
Van Son and SKY Network Television Ltd - 2006-075
2006-075

Complaint under section 8(1)(a) of the Broadcasting Act 1989The Crowd Goes Wild – included review of Soccer World Cup game between Portugal and the Netherlands – one presenter used phrase “Filthy Dutchman” four or five times – allegedly denigratory and in breach of good taste and decencyFindingsStandard 1 (good taste and decency) – subsumed under Standard 6 – denigration of Dutch was essence of complaint – not upheld Standard 6 and Guideline 6g (denigration) – high threshold for denigration not met – not upheld. This headnote does not form part of the decision. Broadcast [1] The Crowd Goes Wild, broadcast on weekdays by Prime at 7. 00pm, is hosted by two presenters who take a light-hearted approach to recent sporting events....

Decisions
Clough and Television New Zealand Ltd - 2022-053 (2 August 2022)
2022-053

The Authority has not upheld a complaint about an item on 1 News focusing on social-media-based misinformation, which included brief footage of an unnamed individual displaying what appeared to be convulsions in a wheelchair, and other social media material featuring influencer Chantelle Baker. The complainant argued the item reflected poorly on these individuals as it implied both were ‘spreaders of misinformation’ and, in the unnamed person’s case, ‘strongly inferred’ their injuries were not vaccine-related. The Authority did not consider the item resulted in either individual being treated unfairly, in the context of the item. The remaining standards either did not apply or were not breached. Not Upheld: Fairness, Good Taste and Decency, Discrimination and Denigration, Balance, Accuracy...

Decisions
Greetham and Sky Network Television Ltd - 2019-059 (2 December 2019)
2019-059

The Authority has not upheld a complaint that a comment referring to a rugby player as a ‘Jew’ because he was unwilling to pay for his wedding breached the discrimination and denigration standard. The Authority observed that the comment was an example of casual anti-Semitism and such comments can contribute to the normalisation of racism. However, while the Authority considered the comment to be ignorant and disrespectful, in the context it did not reach the threshold for regulatory intervention. Not upheld: Discrimination and Denigration...

Decisions
McBride and Television New Zealand Ltd - 1995-006
1995-006

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 6/95 Dated the 13th day of February 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by PAUL McBRIDE of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED I W Gallaway Chairperson J R Morris L M Loates W J Fraser...

Decisions
Golden and Television New Zealand Ltd - 1995-109
1995-109

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 109/95 Dated the 26th day of October 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by ALLAN GOLDEN of Wellington Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod...

Decisions
Carson and Wellington Access Radio - 1998-048
1998-048

Summary The fate of money belonging to Holocaust victims but deposited in Swiss bank accounts during World War II was the subject of commentary on "Aspects of Israel" broadcast on Access Radio on 29 June 1997 beginning at 11. 15am. The commentator questioned the honesty of the Swiss in dealing with the money. Mr Carson of Wellington complained to Access Radio, the broadcaster, that the remarks impugned the integrity of the Swiss and, therefore, were offensive and discriminatory. Access Radio responded that the comments related to Swiss banks and bankers, and did not refer to the Swiss as a people. Further, it considered that even if ill will was incited against those bankers who controlled the assets of Holocaust victims, it was unlikely that any of those people were in New Zealand....

Decisions
Bennachie and TV3 Network Services Ltd - 1998-162, 1998-163
1998-162–163

Summary A rugby coach found guilty of sexually assaulting young boys in his rugby club was described on a 3 National News item broadcast on 31 July 1998 as a "homosexual paedophile" and, according to a sports reporter on a 3 News Update item broadcast on 2 August 1998, the Gay Games contained events such as handbag throwing and the 200m dash in high heels. Calum Bennachie complained to TV3 Network Services Ltd that the description of the rugby coach implied that all paedophiles were homosexual or that all homosexuals were paedophiles, and that both implications were factually incorrect and portrayed gay and lesbian people as inherently inferior. He also complained that the emphasis on fringe events in the report on the Gay Games trivialised the achievements of the competitors....

Decisions
Mee and The Radio Network Ltd - 1999-190
1999-190

Summary Radio Sport host, Martin Devlin, complained on air that he had been treated like a schoolboy by the manager of the New Zealand Cricket Team, John Graham. Mr Mee complained to The Radio Network of New Zealand Limited, the broadcaster, that a subsequent caller, commenting on Mr Devlin’s treatment by Mr Graham, was dealt with in an "abusive and contemptuous" way by Mr Devlin. The exchange was broadcast on Radio Sport on 23 August 1999, at about 9. 15am. TRN responded to Mr Mee’s complaint that the caller was a regular who would have been aware that he was entering a "robust arena" in calling the station’s talkback show. It also suggested that the caller might have incited Mr Devlin’s "strong" response. It declined to uphold Mr Mee’s complaint. Dissatisfied with TRN’s decision, Mr Mee referred his complaint to the Broadcasting Standards Authority under s....

Decisions
Banks and Television New Zealand Ltd - 2011-062
2011-062

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Politically Incorrect Guide to Teenagers – host commented that teenagers were “mental”, “mad”, “not right in the head” – showed sketch of “Mad Uncle Jack” who had been released from psychiatric facility – allegedly in breach of standards relating to good taste and decency and discrimination and denigration FindingsStandard 1 (good taste and decency) – content subject to complaint intended to be humorous and educational rather than offensive – contextual factors – not upheld Standard 7 (discrimination and denigration) – comments were host’s personal opinion with regard to teenage behaviour – he was not making a comment on people with mental illness as a section of the community – comments did not contain invective necessary to encourage denigration or discrimination – not upheld This headnote does not form part of the decision....

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