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Summary[This summary does not form part of the decision. ]The election coverage programme Vote 2014 included footage of Te Ururoa Flavell speaking to Māori Party supporters in te reo Māori. One of the presenters said, '[O]bviously as he's speaking in Māori, in te reo, and the vast majority of us aren't going to understand that. . . let's go back to David Cunliffe. . . ' and the broadcast crossed to Mr Cunliffe's speech. The Authority declined to uphold a complaint that the comment was racist and unfair. Although the comment was disrespectful and dismissive of the fact that te reo Māori is an official language of New Zealand, it did not reach the high threshold necessary to encourage discrimination or denigration, and was not unfair to Mr Flavell, especially in the context of an important political event....

Summary[This summary does not form part of the decision. ]An item on ONE News discussed the New Zealand Government’s ‘open door policy’ on allowing foreign visitors in New Zealand to drive. The item featured an interview with a road safety campaigner, who said it was unfair that Chinese visitors were able to drive in New Zealand with international licences, while New Zealanders had to apply for a permit to drive in China. The item included numerous references to Chinese drivers in New Zealand, and featured footage of Chinese members of the public. The Authority did not uphold a complaint that this item was discriminatory towards Chinese people. The item was framed around the campaigner’s opinion that there was not a ‘level playing field’ between China and New Zealand....

Summary[This summary does not form part of the decision. ]The Authority has not upheld a complaint that a segment on The AM Show, in which a booth designed to enable doctors to perform discrete testicle examinations was likened to a ‘confession booth’, breached the good taste and decency and discrimination and denigration standards. The Authority found that, in the context of the segment, the comparison was unlikely to undermine or violate widely shared community norms. It also did not reach the level of malice or nastiness necessary to denigrate a section of the community. The public health message in the broadcast was an important one and overall the Authority found that any potential for harm did not justify a restriction on the broadcaster’s right to freedom of expression....

Warning: This decision contains coarse language that some readers may find offensive The Authority has not upheld a complaint that use of the word ‘cunt’ in the New Zealand crime drama series, One Lane Bridge, breached the discrimination and denigration standard. The Authority observed that the standard is not intended to prevent the broadcast of legitimate drama and considered that the threshold for its intervention had not been reached. It determined that use of the word, in its context, did not contain the level of malice or nastiness required to find a breach of the discrimination and denigration standard and did not amount to hate speech or a sustained attack on women as a section of the community. Not Upheld: Discrimination and Denigration...

The Authority has not upheld a complaint that a promo leading to a news report on Newshub Live at 6pm breached the discrimination and denigration standard in its use of the word ‘Aboriginals’ when describing Aboriginal peoples / First Nations peoples in Alice Springs, and for discussing concerns of rising crime in Alice Springs. While acknowledging the description ‘Aboriginals’ rather than ‘Aboriginal people(s)’, is no longer considered appropriate terminology in Australia, the host’s statement was made without malice or nastiness as part of a straightforward news report on rising criminal activity. The broadcaster also advised the complainant’s concern regarding correct terminology has been passed on to the Newshub team. The Authority did not consider regulatory intervention justified in these circumstances. Not Upheld: Discrimination and Denigration...

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...

The Authority has not upheld a complaint about a comment made on Mike Hosking Breakfast referring to the use of te reo Māori names for government departments as the ‘Māorification of this country’. The complainant argued that the comment implied it was a bad thing to be Māori. While recognising the comments may be offensive to some people, in the context they did not meet the high threshold required to constitute a breach of the standards. Not Upheld: Offensive and Disturbing Content, Discrimination and Denigration...

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...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 16/94 Dated the 18th day of April 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by VOTERS' VOICE BINDING REFERENDUM INC. of Papakura Broadcaster TELEVISION NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

ComplaintLaw and Order – person with mental illness portrayed as violent, unpredictable and evil – inaccurate – unfair – stereotype FindingsStandard G1 – fiction – no uphold Standard G6 – fiction – no uphold Standard G12 – 9. 30pm not usual children’s viewing time – decline to determine Standard G13 – dramatic work – no uphold Standard G20 – fiction – no uphold This headnote does not form part of the decision. Summary [1] The murder of an eight-year-old boy and subsequent investigation was dramatised in an episode of Law and Order broadcast on TV3 at 9. 30pm on 15 December 2001. It was disclosed that he was killed by two girls (aged 13 and 10) and at the trial, the prosecution argued that the younger girl was a "sociopath", while the defence argued that she had "frontal lobe damage" following an accident, and had suffered ongoing abuse....

ComplaintRadio Sport – host Doug Golightly – men’s refuges derided as unnecessary for real New Zealanders – only use was for beaten partners of homosexual men – complainant’s email misread – unfair – irresponsible FindingsPrinciple 7 Guideline 7a – high threshold not reached – no uphold Principle 5 – change to email – implication that writer was homosexual – complainant not identified – on balance not unfair – no uphold This headnote does not form part of the decision. Summary [1] The Radio Sport programme on Saturday morning 17 August 2002, hosted by Doug Golightly, included a number of references to men’s refuges. The host questioned their need for "real" New Zealanders, suggesting that only the beaten partners of homosexual men would use them. That attitude was reflected in his comments on some emails he referred to during the broadcast....

An Explanatory Note on these decisions can be found after the Appendices. ComplaintThe Rock – a number of complaints – offensive language – breach of good taste and decency – broadcasts inconsistent with maintenance of law and order – denigration of women, children, homosexuals, elderly – discrimination against women, children, homosexuals, elderly – broadcaster not mindful of effects of broadcasts on children in the listening audience Findings(1) 17 October broadcast – decline to determine (2) 18 October broadcast – no uphold (3) 19 October broadcast – poem about necrophilia – Principle 1 – uphold – Principle 7 – unsuitable for children – uphold (4) 14 November broadcast - 6. 28am – no uphold (5) 14 November broadcast – 7. 10am – decline to determine (6) 14 November broadcast – 7. 29am – no uphold (7) 14 November broadcast – 8....

Summary [This summary does not form part of the decision. ]Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact he had on race relations in New Zealand. The Authority declined to uphold a complaint that the item was biased, inaccurate and unfair. It was not necessary to present alternative views on Mr Titford's conviction, the item was materially accurate and subject to editorial discretion, and no one was denigrated or treated unfairly. Not Upheld: Controversial Issues, Accuracy, Fairness, Discrimination and DenigrationIntroduction[1] Native Affairs broadcast an item entitled 'What Lies Beneath', which reported on the recent conviction of Northland farmer Allan Titford and examined the cultural and legal impact that he had on race relations in New Zealand....

Summary [This summary does not form part of the decision. ] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland. The Authority did not uphold a complaint that the broadcast contained inaccurate, unfair and unbalanced information and breached the privacy of Trunk Property's director. The item was materially accurate, was not unfair to Trunk Property or its director and did not breach the director's privacy. Trunk Property was given a reasonable opportunity to comment on the story and its response was fairly presented in the item. Not Upheld: Accuracy, Fairness, Privacy, Good Taste and Decency, Law and Order, Controversial Issues, Discrimination and Denigration, Responsible Programming Introduction [1] 3 News covered a story about Trunk Property Ltd, which allegedly was entering into unlawful subletting arrangements with tenants in Auckland....

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989 Breakfast – hosts commented that immigrant doctors "can't be as good as our doctors", "they would stay overseas if there's opportunity to make more money overseas" and that immigrant doctors require training which makes the job of locally-trained doctors "more challenging" – allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness, discrimination and denigration FindingsStandard 1 (good taste and decency) – contextual factors – not upheld Standard 5 (accuracy) – comments were hosts' personal opinions – not upheld Standard 4 (controversial issues – viewpoints) – comments made during brief exchange between co-hosts – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – overseas-trained doctors an occupational group and not individual or organisation to which standard applies – Mr Powell treated fairly – not upheld Standard 7 (discrimination and denigration) – broadcaster did not…...

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Newstalk ZB – host used the phrase “whack-job Christians” – allegedly in breach of standards relating to discrimination and denigration FindingsStandard 7 (discrimination and denigration) – host used the phrase “whack-job Christians” to convey his personal opinion – comment lacked the necessary invective to reach threshold for encouraging discrimination against or denigration of Christians – not upheld This headnote does not form part of the decision. Broadcast [1] During an item on Newstalk ZB broadcast on the morning of Friday 4 February 2011, the host stated: I voted for [MP’s name] before he got involved with all those ‘whack-job’ Christians and stuff, back when he was that middle class, middle of the road family man and he was on the verge of getting the five percent....

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

Download a PDF of Decision No. 1991-050:Wardlaw and Television New Zealand - 1991-050 PDF632. 24 KB...

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 115/95 Dated the 9th day of November 1995 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by BARRY MAGUIRE of Auckland Broadcaster RADIO NEW ZEALAND LIMITED J Potter Chairperson L M Loates R McLeod...