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BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-095 Dated the 7th day of August 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by LEE-ANN MEAD of Rotorua Broadcaster LAKE CITY 96 FM (Rotorua) S R Maling Chairperson L M Loates R McLeod A Martin...

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

The Authority did not uphold a complaint that two guest panellists’ comments on The AM Show about English rugby players following the Rugby World Cup final breached the discrimination and denigration standard. Discussing some players’ refusal to wear their silver medals after losing the final, the panellists made comments including that the English players were ‘pouty little babies, pathetic, stupid, dumb, bad sportsmanship’, ‘petulant English kids’, ‘prats’, ‘it’s their upbringing’, ‘those English players who wanted to toss their medals on the ground’. The complaint was that these comments were nasty and offensive, and ‘racist’ by suggesting ‘it’s [the players’] upbringing’. The Authority noted the large majority of the comments were clearly directed at the individual players concerned, rather than commenting on a group of people....

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...

The Authority has declined to determine six complaints about various TVNZ broadcasts, under several standards, as the concerns related to the complainant’s personal preferences on what should be broadcast, issues raised had recently been dealt with and did not warrant further determination and/or the standards raised did not relate to the relevant complaint. Two complaints were also trivial. Decline to determine (section 11(a) of the Broadcasting Act 1989 – trivial; and section 11(b) in all the circumstances the complaint should not be determined): Balance, Accuracy, Fairness, Discrimination and Denigration, Offensive and Disturbing Content...

The Authority has not upheld a complaint about a segment of Punjabi talkback programme Dasam Granth Da Sach. During the programme the host made comments about a well-known female Sikh preacher, including that she should marry a Taksali (traditionally trained Sikh) rather than a Jāgaruka (enlightened Sikh), because she supports the ideology of the former, and because husbands ‘in our society’ resort to beating when offended by their wives. The host also used words that can carry sexual connotations but, in the specific context of the broadcast, were unlikely to do so. The Authority acknowledged the potentially offensive nature of the comments to some people, but found overall the potential harm arising was not at a level justifying regulatory intervention or restriction of the broadcaster’s right to freedom of expression on this occasion. Not Upheld: Good Taste and Decency, Children’s Interests, Discrimination and Denigration, Violence, Privacy, Fairness...

ComplaintRadio Waatea – Liberation Talkback – unbalanced – contained unsubstantiated allegations – anti-Pakeha comments – promoted racial discord FindingsPrinciple 4 – reasonable opportunities to present views – no evidence of lack of balance – no uphold Principle 7 Guideline 7a – threshold not reached – no uphold This headnote does not form part of the decision Summary [1] Liberation Talkback is a talkback programme broadcast weekly on Radio Waatea. Liberation Talkback was broadcast on Radio Waatea between 8. 00pm and 11. 00pm on 18 November 2002. [2] Colin Ellis complained to Radio Waatea, a radio station broadcast by UMA Broadcasting Ltd, the broadcaster, that the item was unbalanced, "anti-Pakeha", contained unsubstantiated allegations and promoted racial discord. [3] When the broadcaster failed to respond to his formal complaint, Mr Ellis referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989....

SummaryAgnes-Mary Brooke, editor of the recently published first issue of "The Best Underground Press – Critical Review" was interviewed on Kim Hill, broadcast on National Radio at 10. 50am on 6 August 1999. Ms Brooke complained to Radio New Zealand Ltd, the broadcaster, that the interviewer was rude and antagonistic. During the interview, she said, she had been dealt with unfairly and had not been given an opportunity to advance her opinions. Furthermore, she contended that there were some inaccuracies in the interviewer’s comments. Denying that there were any inaccuracies, RNZ maintained that Ms Brooke was not treated unfairly, and had been given an adequate opportunity to express her opinions. It declined to uphold the complaint. Dissatisfied with RNZ’s decision, Ms Brooke referred her 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....

Summary [This summary does not form part of the decision. ]The Authority declined to uphold complaints that three broadcasts showing fishing and hunting were barbaric and cruel. As the Authority has noted in previous decisions on similar complaints from the complainant, killing and preparing animals to eat is a fact of life and her concerns are based primarily on personal lifestyle 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 three episodes of fishing and hunting programmes. In general, her complaints were that fishing and hunting are barbaric and cruel. More specifically, she objected to the practices of catch-and-release fishing, live baiting and boar hunting. [2] The issue is whether the broadcasts breached any of the standards set out in the Free-to-Air Television Code of Broadcasting Practice....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Pacific – host made comments about television personality who hosted Anzac Day programme on Māori Television – said she would have been paid “$25,000 or thereabouts” – questioned whether she would have “been allowed to take that lovely piece of greenstone home with her” – host also called Māori Television “disgusting apartheid TV station” – allegedly inaccurate and denigratoryFindingsStandard 6 (accuracy) – comments clearly speculation – not statements of fact to which accuracy standard applies – not upheldStandard 7 (social responsibility) and guideline 7a (denigration) – Māori Television not a “section of the community” to which denigration standard applies – comments not denigratory of Māori generally – not upheldThis headnote does not form part of the decision....

Complaint under section 8(1)(a) of the Broadcasting Act 1989Off the Wire – participants discussed a food outlet that had opened in a church – commented “the body of Christ does come with six grams of fat” – allegedly in breach of good taste and decency and denigratoryFindingsPrinciple 1 (good taste and decency) – in context, not indecent or in poor taste – not upheld Principle 7 (social responsibility) – item not critical of Christians or Christian practices – not upheldThis headnote does not form part of the decision. Broadcast [1] The participants in Off the Wire, broadcast on National Radio on 3 October 2004 at around 3:00 am discussed recent news events, including the opening of a food outlet in a New York church....

Download a PDF of Decision No. 1993-042:McNair and Television New Zealand Ltd - 1993-042 PDF331. 38 KB...

The Authority has not upheld a complaint about an item on Seven Sharp in which Hilary Barry made comments about the safety of the COVID-19 Pfizer vaccine and about ‘anti-vaxxers’, including suggesting those who do not want to be vaccinated could ‘jump on a ferry and go to the Auckland Islands for a few years, and then when we’ve got rid of COVID-19…come back’. The complaint alleged these comments breached the good taste and decency, discrimination and denigration, balance, accuracy and fairness standards, by suggesting the safety of the vaccine was almost without question, and denigrating those with a different view. The Authority found Ms Barry’s comments were unlikely to cause widespread undue offence or distress or undermine widely shared community standards. It found the broadcast did not address a controversial issue so the balance standard did not apply....

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-041 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 53/94 Dated the 7th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by FRANCIS TRACEY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

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....

Summary An episode of The Way We Were, dealing with New Zealand’s involvement in overseas conflicts, was shown on TV One on 13 January 1998, beginning at 8. 00 pm. Part of the narration included the words, "the Brits let us down", in an aspect referring to the fall of Singapore and Japan’s expansion into the Pacific during World War II. Mr Nichols complained to Television New Zealand Limited, the broadcaster, that the statement, which he had heard as "let down by the Brits in 1941", was factually untrue and inaccurate, and a gratuitous insult to a friendly country. In declining to uphold the complaint, TVNZ claimed some historical justification for the statement....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – item reported on an Italian television personality who groped David Beckham’s genitals – news presenters commented on the incident – allegedly in breach of discrimination and denigration standard FindingsStandard 7 (discrimination and denigration) – while the comments were sexist, they were intended to be humorous and lacked the necessary invective for a breach of the standard – item did not encourage discrimination against or denigration of a section of the community – not upheld This headnote does not form part of the decision. Broadcast [1] An item on One News, broadcast on TV One at 6pm on Friday 22 January 2010, reported that David Beckham had his genitals groped by an Italian television personality during a media interview....

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989More FM – item discussed whether men should wear pink clothing – host said “Red, and saying that pink is a form of red is the same as saying male, and then a homosexual is a form of a male” – allegedly discriminatory Findings Standard 7 (discrimination and denigration) – remarks were intended to be humorous – tone not abusive – did not encourage discrimination on the basis of sexual orientation – not upheld This headnote does not form part of the decision. Broadcast [1] During an item broadcast on More FM at 8am on Tuesday 5 August 2008, the hosts responded to a caller who rang up to discuss whether it was appropriate for men to wear pink shirts. Bryan McFadden, an Irish singer, appeared on the show as a guest host....