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The Authority has not upheld a complaint that the song Why Won’t You Give Me Your Love breached broadcasting standards. The complaint was that the song lyrics described an ‘intention to stalk, kidnap, imprison and rape’ and the song was inappropriate to broadcast in the afternoon. The Authority determined that the song’s satirical nature and upbeat style reduced the potential for the darker tone of the lyrics to cause harm. The song was within audience expectations for the eclectic music selection of the host programme, Matinee Idle and, taking into account the context of the broadcast, the lyrics did not undermine widely shared community standards and would not have unduly harmed child listeners. Not Upheld: Good Taste and Decency, Children’s Interests, Violence, Law and Order, Discrimination and Denigration...

Leigh Pearson declared a conflict of interest and did not participate in the determination of this complaint. Summary[This summary does not form part of the decision. ]During Talk with Sean Plunket, the CEO of the National Foundation for the Deaf called in to discuss captioning on television, and especially the perceived problem of the lack of captioning of broadcasts of the 2015 Rugby World Cup. Mr Plunket argued, ‘You can actually watch the rugby with the sound off, you can see – they’ve got big numbers on their backs – you can see what’s happening’ and asked, ‘Really is this such a problem? ’ After further discussion, he stated, ‘You do have a hearing problem because you’re not actually engaging in a conversation’. The Authority did not uphold a complaint that Mr Plunket’s comments amounted to bullying and denigrated the deaf community....

An application for leave to appeal this decision was refused by the High Court: CIV 2013-485-1234 [2013] NZHC 1386 PDF59....

Leigh Pearson declared a conflict of interest and did not take part in the determination of this complaint. Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Sean Plunket Morning – host interviewed Dr Paul Connett about his views against fluoridation of water – allegedly in breach of controversial issues, fairness and discrimination and denigration standards FindingsStandard 4 (controversial issues – viewpoints) – programme discussed a controversial of public interest – period of current interest is ongoing so listeners aware of other views – Dr Connett was given ample opportunity to present his perspective – not upheld Standard 6 (fairness) – interview was robust but reasonable and good-natured – Dr Connett treated fairly – not upheld Standard 7 (discrimination and denigration) – standard only applies to sections of the community, not individuals – not upheld This headnote does not form part of the decision....

Summary [This summary does not form part of the decision. ] During Talkback with Karyn Hay and Andrew Fagan, the host Mr Fagan made comments about a regular caller, the complainant, who went by the name of ‘Alex’. He said ‘back in 17-something… I’d meet him on the beach as the sun came up and I’d potentially kill him or let him kill me in a duel’. The Authority did not uphold the complaint that the host had made a ‘veiled death threat’ against the complainant. It was clear the host was not making a serious death threat, but was using provocative, metaphorical language to express his strong views about the complainant. Not Upheld: Law and Order, Good Taste and Decency, Discrimination and Denigration Introduction [1] During Talkback with Karyn Hay and Andrew Fagan, Mr Fagan made comments about a regular caller who went by the name of ‘Alex’....

Download a PDF of Decision No. 1992-065:Boscott and Radio New Zealand Ltd - 1992-065 PDF191. 79 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/95 Dated the 22nd day of June 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CALUM SAWYERS of Wellington Broadcaster RADIO PACIFIC LIMITED I W Gallaway L M Loates W J Fraser R McLeod...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Campbell Live – featured a story on the experience of a tenant whose family allegedly suffered health problems as a result of living on a property that contained traces of methamphetamine – allegedly in breach of accuracy, fairness and discrimination and denigration standards FindingsStandard 5 (accuracy) – item created misleading impression that the house was formerly used to manufacture methamphetamine – overstated evidence, for example by reference to the “house” and “home” as opposed to just the garage, and by creating impression a ‘P’ lab had existed when the contamination was marginal and could have been caused by smoking – failed to outline the parameters of the FISL report or make any reference to NZDDA report which found no trace of methamphetamine – broadcaster did not make reasonable efforts to ensure that the item was accurate and did not mislead – upheld Standard 6…...

Download a PDF of Decision No. 1992-063:Smits and Radio New Zealand Ltd - 1992-063 PDF (366. 06 KB)...

Mary Anne Shanahan declared a conflict of interest and did not participate in the determination of this complaint. Summary [This summary does not form part of the decision. ]An item on Radio Tarana News reported on District Court proceedings involving the complainant, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased. The Authority did not uphold his complaint that the item was unfair, inaccurate and unbalanced. The item was a straightforward, brief news report, and the complainant’s position was fairly included in the item. Not Upheld: Fairness, Accuracy, Controversial Issues, Good Taste and Decency, Discrimination and DenigrationIntroduction[1] An item on Radio Tarana News reported on District Court proceedings involving the complainant, Rajesh Singh, a former Fiji government minister, regarding a dispute over rent allegedly owed to the landlord of a building he leased....

Summary [This summary does not form part of the decision]An episode of The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome as a lead suspect in a murder. The Authority did not uphold the complaint that the broadcast denigrated people with Asperger Syndrome. The programme legitimately employed dramatic licence to develop this fictional character, and the character was not intended as a comment on, or a reflection of, all people with Asperger Syndrome. Not Upheld: Discrimination and Denigration, Accuracy, FairnessIntroduction[1] An episode of a local murder mystery series, The Brokenwood Mysteries portrayed a character believed to have Asperger Syndrome (Amanda) as a lead suspect in a murder. Amanda was portrayed as intense and socially awkward, which other characters attributed to her possible Asperger Syndrome. Amanda was later proven not to be the murderer....

The Authority has not upheld a complaint alleging Kerre McIvor’s comments regarding cyclists breached the discrimination and denigration, fairness and balance standards. The comments did not refer to a recognised section of society as required by the discrimination and denigration standard and would not have reached the high threshold required to breach the standard. The individuals referred to in the broadcast were not treated unfairly, and the fairness standard does not apply to cyclists as a group. The balance standard was not breached as listeners were likely to have understood the comments as coming from Ms McIvor’s perspective. Not Upheld: Discrimination and Denigration, Fairness, Balance...

The Authority has not upheld a complaint that an item on Heather du Plessis-Allan Drive regarding MPs being infected with COVID-19 and mask-wearing breached multiple broadcasting standards. The Authority found the host’s comment that she would rather get COVID-19 than wear a mask all day was unlikely to seriously violate community standards of taste and decency. The comment did not relate to a recognised section of the community as contemplated by the discrimination and denigration standard or reach a threshold necessary to constitute discrimination or denigration. Nor did the broadcast ‘discuss’ a controversial issue of public importance as required for the balance standard to apply, and the comment at issue was an opinion to which the accuracy standard did not apply and which was unlikely to mislead the audience. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration, Balance, Accuracy...

The Authority has not upheld a complaint the documentary Web of Chaos breached multiple standards. The complainant alleged the broadcast represented ‘women who like sewing and interior design as extremists’, which was allegedly ‘racist, sexist, anti-Christian and anti-women of Celtic origin’, lacked any balancing comment from women involved in the community, contained multiple inaccuracies, and was unfair. The Authority found the broadcast did not discriminate against or denigrate any of the nominated sections of the community and the broadcast was materially accurate. This was because the relevant comments were not claiming that all people participating in online craft communities were white nationalists, but rather these communities (like many other online communities) were exposing inadvertent users to extremist ideas. The balance and fairness standards did not apply. Not Upheld: Discrimination and Denigration, Accuracy, Balance, Fairness...

The Authority has not upheld complaints that the action taken by Warner Bros. Discovery in response to a breach of the accuracy and fairness standards – during a Newshub Live at 6pm item on Immigration New Zealand’s decision to allow Posie Parker’s entry to New Zealand – was insufficient. The broadcaster upheld the complaints relating to a clip of Parker, which the reporter stated had been blurred because Parker was ‘using a hand signal linked to white supremacists’. The broadcaster conceded that blurring Parker’s hands was potentially misleading as it prevented audiences from making their own assessment of the footage, and potentially unfair as Parker’s intention was unclear. The broadcaster removed the video in the online version of the story and replaced it with a clip of Parker’s position on neo-Nazis, which the Authority found was sufficient and proportionate action in the circumstances....

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...

The Authority has not upheld a complaint that featuring Mongrel Mob gang member Harry Tam as an interviewee on Breakfast breached the discrimination and denigration and balance standards. The complainant considered the choice of interviewee was harmful to people affected by Tam and gang-related crime. The Authority found the interview did not breach the discrimination and denigration standard, noting it was not a breach of broadcasting standards to include Tam purely on the basis of his background as a gang member. It further found no breach of the balance standard as the broadcast adequately presented significant perspectives on the issue being discussed during the interview. Not Upheld: Discrimination and Denigration, Balance...

The Authority has not upheld complaints about a Breakfast interview with Labour MP Tangi Utikere. During the interview, Utikere was asked about reports of a ‘leaker’ within the Labour caucus, and was repeatedly questioned on whether he himself was the leaker. The complainants alleged the interview amounted to bullying and denigrated Utikere. The Authority acknowledged the questioning was sustained, but was within the scope of the type of questioning expected of a politician, particularly in the lead up to an election, and the broadcast was not in breach of the fairness standard (with respect to treatment of Utikere or former Minister Kiritapu Allan). The balance and discrimination standards were either not applicable or not breached.   Not Upheld: Fairness, Balance, Discrimination and Denigration...

The Authority has not upheld a complaint a segment on the Fletch, Vaughan & Hayley morning show breached the discrimination and denigration standard. In the broadcast, the hosts made several jokes and innuendos about the name of Irish airline Aer Lingus and one host, putting on an Irish accent, stated ‘on the menu today, we have potatoes’. The complainant considered the jokes to be offensive to Irish people and culture, and to amount to racism. The Authority acknowledged the jokes had the potential to offend, but did not uphold the complaint, finding the jokes did not meet the threshold for a breach under the discrimination and denigration standard as they were unlikely to encourage the different treatment of Irish people to their detriment, devalue the reputation of Irish people, or embed negative stereotypes. Not Upheld: Discrimination and Denigration...