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Decisions
McLellan and Television New Zealand Ltd - 2003-041
2003-041

ComplaintHolmes – host referred to the WestpacTrust Stadium as the "cake tin" – derogatory phrase – offensive FindingsSection 11(b) – no issue of broadcasting standards raised by this complaint – decline to determine This headnote does not form part of the decision. Summary [1] The WestpacTrust Stadium in Wellington was referred to as the "cake tin" by the host (Susan Wood) in an item broadcast on Holmes at 7. 00pm on 7 February 2003. [2] John McLellan complained to Television New Zealand Ltd, the broadcaster, that the reference was "derogatory". [3] When the broadcaster failed to respond to his formal complaint, Mr McLellan referred it to the Broadcasting Standards Authority under s. 8(1)(b) of the Broadcasting Act 1989. [4] In its response to the Authority, TVNZ argued that the matter did not raise an issue of broadcasting standards....

Decisions
Beston and The RadioWorks Waikato - 1998-157
1998-157

SummaryAn episode of a popular sitcom, in which a character was portrayed using his former girlfriend’s name when taking his marriage vows, was discussed on The Edge at 7. 30am on 20 August 1998. Listeners were invited to discuss what they would do in a similar situation. One male caller said "I’d give her a slap around", to which the host DJ responded "That’s a bit rough mate, isn’t it? "Ms Beston complained to the RadioWorks Waikato, the broadcaster, that the exchange was offensive, and contended that the DJ’s casual response had tacitly condoned violence against women. In her view, the call should have been terminated before the comments were broadcast. She sought an apology from the station. In response, The RadioWorks advised that it considered the host’s response was a natural one which had not in any way endorsed the statement made by the caller....

Decisions
Theodore and Prime Television New Zealand Ltd - 1999-110
1999-110

Summary An episode of It Ain’t Half Hot Mum, based around a fictional troupe of British soldiers in Burma in World War II entertaining fellow soldiers on stage, included a number of "Indian" characters. The episode was broadcast on Prime TV on 2 May 1999 at 8. 05 pm. Mr Theodore complained to Prime Television New Zealand Limited, the broadcaster, that the episode portrayed Indian people as inherently inferior, that a white actor wearing brown make-up to impersonate an "Indian look and accent" breached norms of decency and good taste, and that the broadcaster had failed to inform viewers of the accuracy of factual matters raised in the episode. Prime TV responded that the programme was not factual, and that within the context of its farcical approach it had not breached norms of taste or decency....

Decisions
New Zealand Aids Foundation, and Moore and Bennachie on behalf of the Campaign for Human Rights, and Prime Television New Zealand Ltd - 2000-151, 2000-152
2000-151–152

ComplaintGoing Straight – documentary about curing homosexuals through Christian programme – inaccurate – unbalanced – discrimination against homosexuals Findings(1) Standard G6 – majority – documentary focussed on perspectives of those featured – no uphold (2) Standard G13 – genuinely held opinion – no uphold This headnote does not form part of the decision. Summary Going Straight was broadcast on Prime Television on 16 June 2000 at 8. 35pm. The programme was a documentary about gay men who were attempting to change their sexual orientation through a Christian programme run at Caleb House in Kansas. The New Zealand Aids Foundation, through its research director, Tony Hughes, complained to Prime Television New Zealand Ltd, the broadcaster, that the programme was unbalanced. In its view, an exclusively religious perspective on homosexuality had been presented....

Decisions
McBride and Television New Zealand Ltd - 1995-126
1995-126

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 126/95 Dated the 9th day of November 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 J M Potter Chairperson L M Loates R McLeod...

Decisions
Boyce and Radio New Zealand Ltd - 2021-143 (16 February 2022)
2021-143

The Authority has not upheld complaints about a press conference by Prime Minister Jacinda Ardern and comments by Professor Michael Baker regarding restrictions for persons who do not have a COVID-19 vaccination. It found the discrimination and denigration standard did not apply to either broadcast and the balance and law and order complaints were not upheld in respect of the second complaint. The interview with Professor Baker was clearly signalled as approaching the issue from his perspective and there has been widespread discussion in other media about whether restrictions on people that are unvaccinated are justified. The Authority found listeners were in a position to arrive at informed and reasoned opinions regarding this issue. It also found the broadcast did not encourage any illegal or antisocial activity. Not Upheld: Law and Order, Discrimination and Denigration, Balance...

Decisions
Dawkins and Television New Zealand Ltd - 1997-001
1997-001

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-001 Dated the 23rd day January 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by KAREN DAWKINS of Rotorua Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Hulst and Radio New Zealand Ltd - 2003-024
2003-024

ComplaintOff the Wire – radio comedy - comment that fat people are greedy and smelly – unfair – bad taste – encourages negative stereotypes FindingsPrinciple 1 – context – no uphold Principle 5 – not news or current affairs – not applicablePrinciple 6 – specific person not referred to – no upholdPrinciple 7 Guideline 7a – satirical exception to encouraging denigration – no uphold – Guideline 7b – not children’s normally accepted listening time – no uphold This headnote does not form part of the decision. Summary [1] Off the Wire, a radio comedy, was broadcast on National Radio at about 9. 05pm on Friday 1 November 2002, and repeated at 1. 30pm the next day. In dealing with a news item about a doctor being sacked from an overseas hospital, a participant had stated that "fat people are greedy and smelly – don’t trust them"....

Decisions
Craig and The Radio Network Ltd - 2003-132
2003-132

ComplaintNewstalk ZB – Paul Holmes Breakfast – Advertising Standards Complaints Board upheld a complaint about a Levi jeans advertisement – host critical of what he regarded as religious bigotry – socially irresponsible – unbalanced – inaccurate FindingsPrinciple 4 – not applicable – no uphold Principle 6 – not applicable – no uphold Principle 7 – satire – no uphold This headnote does not form part of the decision. Summary [1] Paul Holmes, as the host of Paul Holmes Breakfast on Newstalk ZB, was highly critical of religious bigotry which, he contended, was the motivation for some people to complain about a television advertisement for Levi jeans. He expressed the view, by way of comment, in a broadcast shortly before 8. 00am on 27 August 2003. [2] Ross Craig complained to The Radio Network Ltd, the broadcaster, that the comments lacked balance, fairness and accuracy....

Decisions
Palmer and The Radio Network Ltd - 2007-054
2007-054

Complaint under section 8(1)(a) of the Broadcasting Act 1989Radio Hauraki – hosts on breakfast show referred to Helen Clark donating a testicle – allegedly in breach of good taste and decency and social responsibility. Findings Principle 1 (good taste and decency) – contextual factors – not upheld Principle 7 (social responsibility) – item light-hearted and satirical in nature – broadcaster was mindful of children’s interests – not upheld This headnote does not form part of the decision. Broadcast [1] At 8. 30am on 11 May 2007, Radio Hauraki broadcast a segment in its breakfast show hosted by the "Morning Pirates", Willy De Wit, Mark Perry and Dean Butler. One of the hosts described a story about a woman in the UK who had recently donated her kidney to her employer, who was in need of a transplant....

Decisions
Insley & Soryl and Television New Zealand Ltd - 2015-028
2015-028

Summary[This summary does not form part of the decision. ]A segment on Breakfast featured an interview with the chair of the Eating Disorders Association, who discussed that some individuals may mask eating disorders with particular 'fad diets'. Although the chair did not specifically mention veganism, banners shown on-screen during the segment read, 'Fears teens use veganism to restrict food intake' and 'Fears people use veganism to restrict food intake'. The Authority did not uphold complaints that the banners were misleading by suggesting veganism was an eating disorder and encouraged bullying of vegans. Viewers would not have been misled by the broadcast as a whole or encouraged to bully vegans. In any case, vegans are not a section of the community to which the discrimination and denigration standard applies....

Decisions
Mclean and Television New Zealand Ltd - 2018-046 (10 August 2018)
2018-046

Summary[This summary does not form part of the decision. ]During an episode of Shortland Street, one of the characters, Harper, used the exclamation ‘Oh, Jesus…’ to express her shock and disgust at a flood of sewage in her new home. A promo for this episode, broadcast during the weather report on 1 News, also included Harper using this expression. The Authority received a complaint that this language was blasphemous and offensive, and in the case of the promo, inappropriate for broadcast during 1 News at 6pm when children might be watching. The Authority acknowledged that the complainant, and others in the community, might find this type of language offensive. However, the Authority has consistently found that these type of expressions are commonly used as exclamations in our society....

Decisions
Dick and Television New Zealand Ltd - 2020-139 (9 March 2021)
2020-139

The Authority has not upheld a complaint about a segment on Breakfast in which co-host John Campbell used the word ‘dick’ three times in reference to Donald Trump Jr. The complaint was that this pejorative use of the term ‘dick’ denigrated those, including vulnerable children, with the surname ‘Dick’, and subjected them to ridicule. The Authority acknowledged people with that surname may be more sensitive to its use in general, in broadcasting. However, it found Mr Campbell was referring specifically to Donald Trump Jr and most viewers would have interpreted it as meaning ‘a stupid or contemptible person’ – a widely understood and generally acceptable use of the term. On this basis, the Authority found the broadcast was unlikely to cause widespread offence to the general audience, or harm to children....

Decisions
Tracey and Radio New Zealand Ltd - 1994-053
1994-053

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...

Decisions
Zaky and Radio New Zealand Ltd - 2024-004 (20 March 2024)
2024-004

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....

Decisions
Lowes and MediaWorks TV Ltd - 2019-064 (16 December 2019)
2019-064

During a segment on The AM Show that discussed immigration to New Zealand host Mark Richardson said: ‘we’re clearly not getting enough English immigrants to become traffic officers’. The Authority did not uphold a complaint that Mr Richardson’s comment was discriminatory to nationalities that are ‘not English’ in breach of the discrimination and denigration standard. The Authority found the complainant did not identify a ‘section of the community’ for the purposes of the standard. The Authority also found that, considering audience expectations of The AM Show and Mr Richardson, the light-hearted nature of the comment and other contextual factors, the comment did not reach the threshold required to be considered discriminatory or denigratory. Not Upheld: Discrimination and denigration...

Decisions
Francis and TV3 Network Services Ltd - 2002-023
2002-023

Complaint3 News – item about New Zealand First party convention – Winston Peters described as having "once again played the race card" – inaccurate – unjust and unfair – item lacked balance and impartiality FindingsStandard G1 – not inaccurate to state Mr Peters played the "race card" – no uphold Standard G3 – item acknowledged right of Mr Peters and his supporters to express their opinions – no uphold Standard G4 – Mr Peters not dealt with unjustly or unfairly – no uphold Standard G6 – item not lacking in balance, impartiality or fairness – no uphold Standard G7 – no deceptive programming practice – decline to determine Standard G13 – no uphold Standard G14 – no uphold Standard G19 – editing did not distort views – no uphold Standard G20 – views fairly presented – no uphold This headnote does not form part of the decision....

Decisions
Montgomery and The Radio Network Ltd - 2004-191
2004-191

Complaint under section 8(1)(a) of the Broadcasting Act 1989 Coast radio station – broadcast of song entitled “Puha and Pākehā” – allegedly encouraged denigration of PākehāFindings Principle 7 and Guideline 7a (denigration) – clearly humorous – not denigratory of Pākehā – not upheld This headnote does not form part of the decision. Broadcast [1] At around 5. 15pm on 5 October 2004, Coast radio station in Auckland broadcast a song entitled “Puha and Pākehā”, recorded by Rod Derrett in the 1960s. [2] The song was a light-hearted tale of Pākehā in early New Zealand being eaten by Māori, and included the following lyrics: I don’t give a hangi for the Treaty of Waitangi, You can’t get fat on that – give me some Puha and Pākehā....

Decisions
Henderson and Television New Zealand Ltd - 2013-053
2013-053

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989One News – presenters used the term “anti-gay” to refer to people who opposed same-sex marriage – allegedly in breach of accuracy, discrimination and denigration, and responsible programming standards Findings Standard 5 (accuracy) – while use of term “anti-gay” was sloppy, and incorrect when taken in isolation, it was corrected by context of discussion about gay marriage – not upheld Standard 7 (discrimination and denigration) – term “anti-gay” was used in context of discussion about gay marriage and did not carry any malice or invective – did not encourage discrimination or denigration against people opposed to same-sex marriage – not upheld Standard 8 (responsible programming) – viewers would not have been deceived – not upheld This headnote does not form part of the decision....

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....

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